Dismissed¶62

Narendra Kumar Bairwa S/O Shri Raghunath Prasad Bairwa v. Rajasthan Para Medical Council

Rajasthan HC17 Sept 2025SAW/401/2023

Case brief

AI extract

What is this about?

Mercy chance; Diploma in Medical Laboratory Technology; Rajasthan Para Medical Council; retrospective operation of order dated 05.02.2018; Clause 19; four years in maximum eight attempts; Pathology paper; 2015-16 batch; no vested right to unlimited attempts; writ jurisdiction; Yogendra vs. Rajasthan University of Health Sciences; D.B. Special Appeal Writ Nos. 515/2023, 398/2023, 401/2023, 402/2023; SBCWP No.8531/2022; Rajasthan High Court Jaipur Bench; decision dated 17/09/2025; appeals dismissed.

What did the court decide?

A student has no vested right to get unlimited time period and chances for clearing the exams of a diploma of two years duration, and such relief cannot be obtained by invoking writ jurisdiction. ¶61

Narendra Kumar Bairwa S/O Shri Raghunath Prasad Bairwa Vs Rajasthan Para Medical Council — Rajasthan HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

¶62

Issue for consideration

Whether the order dated 05.02.2018, restricting the time period for completion of the diploma to four years in maximum eight attempts, applies retrospectively to the 2015-16 batch, and whether the appellant is entitled to a mercy chance to clear the Pathology paper. +1 more

¶51

Court's answer

Denial of the mercy chance was justified because the appellant had chances for more than six years, including an opportunity after the Covid-19 situation, to clear the exams and complete the diploma, yet failed to do so.

¶61

Ratio / Principle

A student has no vested right to get unlimited time period and chances for clearing the exams of a diploma of two years duration, and such relief cannot be obtained by invoking writ jurisdiction.

¶61

Key takeaways

No interference is called for in the impugned order refusing to exercise writ jurisdiction and dismissing the writ petition; consequently, the appeals are dismissed.ratio¶62

Detailed headnote1 paragraphs

Rajasthan High Court (Jaipur Bench, Division Bench) by common order dated 17.09.2025 (Avneesh Jhingan, J.; Baljinder Singh Sandhu, J.) dismissed D.B. Special Appeal Writ Nos. 515, 398, 401 and 402 of 2023, filed against the learned Single Judge's order dated 28.03.2023 in SBCWP No.8531/2022 and connected matters. The appellants, students of the 2015-16 batch of the two-year Diploma in Medical Laboratory Technology under the Rajasthan Para Medical Council who repeatedly failed the Pathology paper, had sought a 'mercy chance', contending that the Council's order dated 05.02.2018 (restricting completion of the diploma to four years in maximum eight attempts; Clause 19) could not operate retrospectively. The Single Judge had held the issue covered by Yogendra vs. Rajasthan University of Health Sciences, Jaipur & ors., D.B. Special Appeal Writ No.1188/2022, and dismissed the writ petitions. The Division Bench noted that the applicability of Yogendra was not disputed even in the intra-court appeal, held that a student has no vested right to unlimited time period and chances for clearing the exams of a two-year diploma by invoking writ jurisdiction, observed that the appellant had chances for more than six years including after the Covid-19 situation, found no interference called for, and dismissed the appeals.

¶1

[2025:RJ-JP:38124-DB]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

D.B. Special Appeal Writ No. 515/2023

¶4

Bhairu Prakash Verma S/o Shri Kanhaiya Lal Verma, Aged About 28 Years, R/o Village And Post Karwar, Tehsil Nainwa, Distt. Bundi (Raj.)

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----Appellant

¶6

Versus

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Rajasthan Para Medical Council, Through Registrar, Plot No.6, Everest Colony, Near Apex Mall, Lal Kothi, Jaipur.

¶8

The Examination Controller, Rajasthan Para Medical Council, Plot No.6, Everest Colony, Near Apex Mall, Lal Kothi, Jaipur (Rajasthan).

¶9

----Respondents

¶10

Connected With

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D.B. Special Appeal Writ No. 398/2023

¶12

Shareef Khan S/o Shri Jumrat, Aged About 27 Years, R/o Sandra, Dholpur, Rajasthan

¶13

Daksya Sharma S/o Shri Ram Niwas Sharma, R/o Ward 8, Keshav Nagar, Tripolia Chomu, District Jaipur, Rajasthan.

¶14

----Appellants

¶15

Versus

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Rajasthan Para Medical Council, Jaipur, C-7A, Sultan House, Sawai Jai Singh Highway, Jaipur Through Registrar.

¶17

Controller Of Examinations, Rajasthan Para Medical Council, Jaipur, C-7A, Sultan House, Sawai Jai Singh Highway, Jaipur.

¶18

----Respondents

¶19

D.B. Special Appeal Writ No. 401/2023

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Narendra Kumar Bairwa S/o Shri Raghunath Prasad Bairwa, Aged About 27 Years, R/o Achalpura, Dausa, Rajasthan.

¶21

Veena Khoja D/o Shri Madan Ram Khoja, Aged About 25 Years, R/o Khoja Ka Bas, Ratkuriya, Jodhpur, Rajasthan.

¶22

----Appellants

¶23

Versus

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1. Rajasthan Para Medical Council, Jaipur, C-7A, Sultan House, Sawai Jai Singh Highway, Jaipur Through Registrar.

¶25

Controller Of Examinations, Rajasthan Para Medical Council, Jaipur, C-7A, Sultan House, Sawai Jai Singh Highway, Jaipur. ----Respondents

¶26

D.B. Special Appeal Writ No. 402/2023

¶27

Arun Kumar Mehta S/o Shri Leela Ram Yadav, R/o Dhani Sheeshawali, Village Kujota, Tehsil Kotputli, District Jaipur, Rajasthan.

¶28

Pankaj Kumar Saini S/o Shri Manohar Saini, R/o Khushfaham

¶29

(2 of 4) [SAW-515/2023]

¶30

[2025:RJ-JP:38124-DB]

¶31

Bharatpur, Rajasthan.

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Daksya Sharma S/o Shri Ram Niwas Sharma, R/o Ward 8, Keshav Nagar, Tripolia Chomu, District Jaipur, Rajasthan.

¶33

Shareef Khan S/o Shri Jumrat, R/o Sandra, Dholpur, Rajasthan.

¶34

----Appellants

¶35

Versus

¶36

Rajasthan Para Medical Council, Jaipur C-7A, Sultan House, Sawai Jai Singh Highway, Jaipur Through Registrar.

¶37

Controller Of Examinations, Rajasthan Para Medical Council, Jaipur, C-7A, Sultan House, Sawai Jai Singh Highway, Jaipur.

¶38

Nemi Chand Saini S/o Shri Mohar Singh Saini, R/o Kota Mamchari, Kota Karauli, Rajasthan.

¶39

Yogesh Nagar S/o Shri Bhawani Shankar Nagar, Tail Factory, Nakoda Colony, Baran, Rajasthan.

¶40

Rinku Kumar S/o Shri Ram Das, R/o House No. 715, Near Mukul Gas Agency, Ward No. 16, Tohana (Rural), 16 Fatehabad, Haryana.

¶41

----Respondents

¶42

For Appellant(s)	: Mr. Sunil Kumar Singodiya
	Mr. Tanveer Ahamad with
	Mr. Illiyas Khan
	Mr. RajSharma
For Respondent(s)	: Mr. Bharat Saini

¶43

HON'BLE MR. JUSTICE AVNEESH JHINGAN HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU Order

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17/09/2025 AVNEESH JHINGAN, J:-

¶45

These appeals are decided by common order as the facts and issues involved are similar. For the sake of convenience, the facts are being taken from D.B. Special Appeal Writ No. 515/2023. 2. This intra-court appeal is filed against the order dated 28.03.2023 passed by the learned Single Judge in SBCWP No.8531/2022 and connected matters.

¶46

The brief facts are that the appellant took admission in Diploma in Medical Laboratory Technology in the year 2015-16.

¶47

[2025:RJ-JP:38124-DB]

¶48

[SAW-515/2023]

¶49

(3 of 4)

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The duration of the diploma was for two years. The appellant failed to complete the diploma. The appellant appeared in exam held in April-2020 but failed in one paper. The appellant again appeared in 2021 to clear the paper of Pathology but failed.

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The petitioner filed the writ petition seeking a mercy chance to appear in paper of Pathology. The argument in writ petition was that the order dated 05.02.2018, restricting the time period for completion of diploma to four years in maximum eight attempts would not apply retrospectively to batch of 2015-16.

¶52

Learned Single Judge held that the issue in writ petition is covered with decision of this Court in Yogendra vs. Rajasthan University of Health Sciences, Jaipur & ors. passed in D.B. Special Appeal Writ No.1188/2022 dismissed the writ petition. It was considered that the appellant failed to clear exams even after a lapse of seven years. The appellant was rightly denied extra chance in accordance with Clause 19 of the order dated 05.02.2018.

¶53

Learned counsel for the appellant submits that there cannot be retrospective operation of order dated 05.02.2018 and appellant should be granted a mercy chance to clear the exam.

¶54

The appellant was pursuing a diploma in Medical Laboratory Technology, which is directly associated with medical profession. It is undisputed fact that inspite of taking admission in the diploma course in academic year 2015-16 till 2021, the appellant was unsuccessful in clearing the examination.

¶55

The appearance of the appellant in examination held in December 2021 shows that after end of the diploma in the year 2017-18 appellant was not able to compete diploma for three

¶56

(4 of 4)

¶57

[2025:RJ-JP:38124-DB]

¶58

[SAW-515/2023]

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years thereafter. The appellant had an opportunity to clear the exams after Covid-19 situation but failed to do so.

¶60

The applicability of decision in Yogendra (supra) has not been disputed even in the intra-court appeal.

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The appellant got chances for more than six years to clear the exams and complete the diploma. A student has no vested right to get unlimited time period and chances for clearing the exams of diploma of two years duration and that to by invoking writ jurisdiction.

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No interference is called for in the impugned order refusing to exercise writ jurisdiction and dismissing the writ petition. 12. The appeals are dismissed.

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(BALJINDER SINGH SANDHU),J

¶64

(AVNEESH JHINGAN),J

¶65

RIYA/60-63

Narendra Kumar Bairwa S/O Shri Raghunath Prasad Bairwa v. Rajasthan Para Medical Council

Case brief

What is this about?

What did the court decide?

Narendra Kumar Bairwa S/O Shri Raghunath Prasad Bairwa v. Rajasthan Para Medical Council

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

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Procedural history

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