RAJASTHAN PARA MEDICAL COUNCIL v. KRISHAN KUMAR CHOUDHARY S/O SHRI HANUMAN SAHAY

[2024:RJ-JP:49795-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

D.B. Special Appeal Writ No. 68/2021 Rajasthan Para Medical Council, G-1A, Kisan Bhawan, Lalkothi, Jaipur Through Its Registrar

----Appellant

Versus

1. Krishan Kumar Choudhary S/o Shri Hanuman Sahay, R/o Village Let Ka Bas, The. Shahpura, Jaipur.

2. Raies Mohammad S/o Rafiq Mohammad, R/o Isampura Sunel, Post Off. Sunel, Jhalawar.

3. Tikam Chand Swami S/o Shri Chhothmal Swami, R/o Village Ramchandrapura Post Bari Jori, Shahpura, Jaipur.

4. Raj Kumar Jangal S/o Shri Ram Niwas, R/o Vpo Mola Hera, The. Kotputali, Jaipur.

5. Kishan Singh Gurjar S/o Shankar Lal Gurjar, R/o Beed Ki Dhani, Bagwada, Jaipur.

6. Sourabh Malviya S/o Mohan Malviya, R/o Shiv Mandir Colony, Padhar, Mp.

7. Anil Kumar S/o Daulat Ram, R/o Patan Mewan, Alwar.

8. Bhola Ram Sharma S/o Shri Bhagwan Sahay Sharma, R/o Village Digary, The. Thanagaji, Alwar.

9. Azharuddin S/o Salamuddin, R/o Vyopari Mohalla, Pisangan, Ajmer.

10. Seeta Ram Sharma S/o Bhagwan Sahay Sharma, R/o Village Dhigariya, Teh. Thanagaji, Alwar.

11. Krishan Halduniya S/o Nanda Ram, R/o Ward No. 4, Chandwaji, Jaipur.

12. Parveen Choudhary S/o Tularam Choudhary, R/o 58, Gali No. 1, Vayu Vihar Colony, Jodhpur.

13. Mukesh Kumar Gurjar S/o Budh Ram Gurjar, R/o Village Dokan, The. Neem Ka Thana, Sikar.

14. Mahendra Saini S/o Mathura Prasad, R/o Ward No. 9, Kharab, The.- Kotputli, Jaipur.

15. Ramesh Kumar Rathor S/o Jagdish Prasad, R/o Namana, Bundi.

16. Jawari Lal Kumawat S/o Amar Chand, R/o Chainpura

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Mohalla, Pisangan, Ajmer.

17. Pankaj Nadani S/o Subhash Chandra, R/o Nohar, Hanumangarh.

18. Garvid Beriwal S/o Hari Kishan, R/o Panchwati Colony, Baran.

19. Naresh Kumar Sharma S/o Goku Chand, R/o Vpo Mohera, Teh. Kotputli, Jaipur.

20. Tarun Sharma S/o Surya Prakash, R/o Namana, Bundi.

21. Sawar Mal Saini S/o Phool Chand, R/o Village Amloda, Dhawali, Samod, Jaipur.

22. Pawan Joshi S/o Shiv Prasad Sharma, R/o Nawana, Bundi.

23. Virendra Yadav S/o Veer Singh Yadav, R/o Satarpur, Alwar.

24. State Of Rajasthan, Through Additional Chief Secretary, Medical And Health Department, Government Of Rajasthan, Secretariat, Jaipur, Rajasthan.

25. Director, Medical And Health Services, Jaipur, Swasthya Bhawan Tilak Marg, Jaipur, Rajasthan.

26. Rajasthan Staff Selection Board, Jaipur, State Institute Of Agricultural Management Premises, Durgapura, Jaipur Through Its Chairman.

----Respondents

For Appellant(s) : Mr. Bharat Saini

HON'BLE THE CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE UMA SHANKER VYAS

Order

04/12/2024

1. Heard.

2. At the outset, learned counsel for the appellant fairly submits that the issue raised in this appeal is no longer res integra and stands concluded vide order dated 06.05.2024 passed by a Co- ordinate Bench of this Court in D.B. Special Appeal (Writ)

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No.66/2021- Rajasthan Para Medical Council Vs. Tara Chand Sharma & Ors and other connected appeals.

2. Having gone through the order dated 06.05.2024, as referred to above, we are of the view that the issue raised in this appeal is squarely covered by order dated 06.05.2024.

3. The observations and findings recorded in the aforesaid case are as below :-

"21. We are of the considered view that there is no mention that the Universities which were established did not follow any rules and regulations or norms issued by the regulating body. Since, the diploma/degree of Lab Technician course was mentioned in Schedule II, the appellant-RPMC was bound to register the persons, who had applied for registration under Regulation 42 of Rules.

22. Learned Single Judge has rightly directed the appellants to register all the candidates who possess diploma and have done regular courses from NIMS University and other Universities. However, the direction with regard to 'other Universities' within the State of Rajasthan was not called for because Issue No. 'E' was pertaining to the Universities mentioned in Para 9 viz. NIMS University, Singhania University, JRN Vidyapeeth (Deemed) University, Jaipur National University, Mahatma Gandhi University of Medical Sciences and Technology, Mahatma Jyoti Rao Phoole University, SMS Medical and Madhav University.

23. As far as D.B. Special Appeal (Writ) Nos.73/2021, 74/2021, 75/2021, 76/2021, 77/2021, 78/2021, 79/2021, 80/2021, 81/2021, 83/2021, 84/2021, 85/2021, 87/2021, 88/2021, 90/2021, 91/2021, 96/2021 filed by the State of Rajasthan are concerned, it is aggrieved by the mention of 'other Universities' within the State of Rajasthan in the order impugned. Since the Writ Petitions were pertaining to Universities mentioned therein, passing a general order including all Universities was not called for, the order impugned is thus clarified to this effect that 'other Universities' mentioned in Para 9.8 of the impugned order would mean the Universities as mentioned in Para 9 of the impugned order. It is clarified that Universities who are not having this course mentioned in their Schedule and not mentioned in Para 9, would not be covered by the judgment passed by learned Single Judge.

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24. D.B. Special Appeal (Writ) Nos.73/2021, 74/2021, 75/2021, 76/2021, 77/2021, 78/2021, 79/2021, 80/2021, 81/2021, 83/2021, 84/2021, 85/2021, 87/2021, 88/2021, 90/2021, 91/2021, 96/2021 filed by the State of Rajasthan are accordingly, partly allowed. In Para 9.8 of the impugned order, in place of "NIMS University and other Universities within State of Rajasthan", the same shall be read as "NIMS University, Singhania University, JRN Vidyapeeth (Deemed) University, Jaipur National University, Mahatma Gandhi University of Medical Sciences and Technology, Mahatma Jyoti Rao Phoole University, SMS Medical and Madhav University."

25. As far as D.B. Special Appeal (Writ) Nos.863/2020, 889/2020, 5/2021 & 539/2021, filed by the appellants are concerned, since the prayer made by them is not opposed by the opposite side as well as State and RPMC, it is made clear that no adverse effect would be caused to the appointments already made. In view of the same, D.B. Special Appeal (Writ) Nos.863/2020, 889/2020, 5/2021 & 539/2021, filed by the appellants are accordingly, allowed.

26. As far as D.B. Special Appeal (Writ) Nos.66/2021, 840/2020, 841/2020, 842/2020, 843/2020, 847/2020, 866/2020, 956/2020, 9/2021, 11/2021, 14/2021, 19/2021, 30/2021, 31/2021, 35/2021, 36/2021, 46/2021, 50/2021 & 437/2022, filed by the RPMC are concerned, with the above modification, the same are disposed of.

27. All pending applications stand disposed."

4. Accordingly, this appeal is also disposed of on similar terms. Pending application, if any, also stands disposed of.

(UMA SHANKER VYAS),J (MANINDRA MOHAN SHRIVASTAVA),CJ

KAMLESH KUMAR-RAHUL/54

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