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2025 DAILYLAW 12757 (RAJ)

MOHAMMED IMRAN S/O SHRI NAIMUDDEEN v. STATE OF RAJASTHAN

CW/5620/2025 · 2025-07-01

Anoop Kumar Dhand

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:24143] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.3930/2022 Jairam Verma Son Of Shri Shivram Verma, Aged About 30 Years, Resident Of Jodhpura Via Pragpura Tehsil Kotputli Dist. Jaipur Rajasthan. ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, Medical And Health Department, Government Secretariat, Jaipur. 2. Directorate Of Medcial Education, State Of Rajasthan, Chikitsa Shiksha Bhawan, Govind Marg, Jaipur. 3. Principal And Controller, S.m.s. Medical College, Jaipur, Rajasthan. 4. Department Of Physical Medicine And Rehabilitation, Through Head Of Department, S.m.s. Hospital, Jaipur. 5. Rajasthan University Of Health Sciences, Through Registrar, Kumbha Marg, Pratap Nagar, Jaipur. 6. Rehabilitation Council Of India, Through Its Chairperson, B-22, Qutub Industrial Institutional Area, New Delhi - 110016. ----Respondents Connected With S.B. Civil Writ Petition No.5620/2025 Mohammed Imran S/o Shri Naimuddeen, Aged About 34 Years, R/o 728, Dudu House, Behind Ramganj Bazar, Rajasthan. ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, Medical And Health Department, Government Secretariat, Jaipur. 2. Directorate Of Medical Education, State Of Rajasthan, Chikitsa Shiksha Bhawan, Govind Marg, Jaipur. 3. Principal And Controller, S.m.s. Medical College, Jaipur, Rajasthan. 4. Department Of Physical Medicine And Rehabilitation, Through Head Of Department, S.m.s. Hospital, Jaipur. 5. Rajasthan University Of Health Sciences, Through [2025:RJ-JP:24143] (2 of 4) [CW-3930/2022] Registrar, Kumbha Marg, Pratap Nagar, Jaipur. 6. Rehabilitation Council Of India, Through Its Chairperson, B-22, Industrial Institutional Area, New Delhi. ----Respondents For Petitioner(s) : Mr. Himanshu Jain For Respondent(s) : Mr. Ashish Kumar with Mr. Digvijay Singh Mr. Raunak Singhvi Mr. Rajesh Mootha Mr. Yash Joshi for Mr. Vigyan Shah, AAG JUSTICE ANOOP KUMAR DHAND Order 01/07/2025 1. Since common question of law and facts are involved in these writ petitions, hence with the consent of counsel for the parties, these writ petitions are being decided by this common order. 2. For convenience, the prayer mentioned in SB Civil Writ Petition No.3930/2022 has been taken into consideration. 3. The instant writ petition has been filed with the following prayer:- “i. issue an appropriate writ, order or direction whereby respondents may be directed to approach Rehabilitation Council of India for seeking necessary approval for the Academic Course of Bachelor of Prosthetic and Orthotic (BPO) for the Session 2013-14 in S.M.S. Medical College, Jaipur; ii. by an appropriate writ, order or direction, Rehabilitation Council of India may be directed to grant approval to the course of Bachelor of Prosthetic and Orthotic (BPO) for the Session 2013-14 in the S.M.S. Medical College, Jaipur; [2025:RJ-JP:24143] (3 of 4) [CW-3930/2022] iii. by an appropriate writ, order оr direction, Rehabilitation Council of India may be directed to register the petitioners for the course of Bachelor of Prosthetic and Orthotic (BPO) and also to grant the recognition and affiliation to the institution through which petitioner has successfully completed their Academic Course. iv. Any other order or direction which this Hon'ble Court deems fit and proper in the facts and circumstances of the case may also be passed in favour of the Petitioner.” 4. At the outset, learned counsel for the parties are in agreement that the controversy involved in this writ petition has already been set at rest by the co-ordinate Bench of this Court in the case of Devendra Samota & Others Versus State of Rajasthan & Others (S.B. Civil Writ Petition No.12917/2017) on 20.09.2022. Learned counsel submits that a Special Appeal bearing D.B. Civil Special Appeal (Writ) No.224/2024 was submitted by the Rehabilitation Council of India against the aforesaid order passed by the Single Bench before the Division Bench, however the appeal has already been dismissed by the Division Bench of this Court vide order dated 19.05.2025. Learned counsel submits that, under these circumstances, the instant writ petition be disposed of in light of the similar directions issued in the case of Devendra Samota (supra). 5. Heard and considered the submissions made at Bar and perused the material available on the record. 6. Considering the arguments put forward by learned counsel for the parties and looking to the fact that controversy involved in these writ petitions has already been set at rest in the case of Devendra Samota (supra) by the co-ordinate Bench of this Court vide order dated 20.09.2022 and looking to the fact that the order passed by the Single Bench has already been upheld by this Court [2025:RJ-JP:24143] (4 of 4) [CW-3930/2022] in D.B. Civil Special Appeal (Writ) No.224/2024 (Rehabilitation Council of India Versus Radhe Shyam Kumawat & Others), this Court finds no valid reason to take a different view. 7. Accordingly, these writ petitions stand allowed in terms of the similar directions issued in the case of Devendra Samota (supra). 8. Learned counsel for the respondents is directed to grant approval of the course which have been acquired by the petitioners for the session 2014-15 and they may also be registered with the council by treating them as having valid qualification acquired from the recognised institution. The authorities are directed to do the needful exercise within a period of six weeks from the date of receipt of certified copy of this order. 9. Stay applications as well as all applications (pending, if any) also stand disposed of. (ANOOP KUMAR DHAND),J Karan/147-148