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2025 DAILYLAW 37904 (RAJ)

JAGDISH PRASAD JANDU S/O SHRI JODHA RAM JAT v. STATE OF RAJASTHAN THROUGH ITS ADDITIONAL CHIEF SECRETARY

CW/19061/2018 · 2025-11-25

Anand Sharma

body2025

Judgment text

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[2025:RJ-JP:47645] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.19061/2018 Jagdish Prasad Jandu S/o Shri Jodha Ram Jat, aged about 38 years, R/o Klyanpura, Post-Kuli-Khachariawas, Tehsil- Dantaramgarh, District Sikar. ----Petitioner Versus 1. State of Rajasthan through its Additional Chief Secretary, Medical and Health Department, Government of Rajasthan, Government Secretariat, Jaipur. 2. Registrar, Para Medical Council, Rajasthan, Jaipur. 3. Chairman, Rajasthan Paramedical Council, Rajasthan, Jaipur. ----Respondents For Petitioner(s) : Mr. Babu Lal Nasuna For Respondent(s) : Mr. Bharat Saini with Mr. Bholu Ram Mr. Prem Prakash HON'BLE MR. JUSTICE ANAND SHARMA Order 25/11/2025 1. This petition has been filed by the petitioner against order dated 06.08.2018 passed by the Registrar, Rajasthan Para Medical Council, Jaipur, whereby application for registration submitted by the petitioner with the Council has been rejected. The reasons for rejection as assigned in the impugned letter is that the petitioner has procured diploma in Electro Cardio Graph only after passing 10th class examination, which is not permissible as per the prevailing guidelines of the Council. 2. Learned counsel for the petitioner submits that in a similar matter where also diploma was secured by the candidate [2025:RJ-JP:47645] (2 of 3) [CW-19061/2018] after passing 10th class examination and his application for renewal was rejected on the similar ground, Co-ordinate Bench of this Court has decided the S.B. Civil Writ Petition No.19060/2018 titled as Jagdish Prasad Jandu Vs. State of Rajasthan & Ors. on 17.10.2024, wherein following directions have been given as under: "7. Regulation 51 stipulated minimum qualification for admission under Para Medical Diploma Courses and shall be applicable to the admissions to be taken after the enforcement of the RPMC Act. Regulation 51 has no retrospective application. In other words, shall not nullify the diplomas courses already permitted prior to enforcement of the RPMC Act. The diploma holder holding diploma earlier to 05.08.2008 would be governed by Regulation 42 which provides the condition for registration. 8. The candidature of the petitioner for registration was rejected relying upon Regulation 51, laying the minimum qualification for taking admission into the medical course after the enforcement of the RPMC Act and without considering the prayer as per Regulation 42. Consequently, the impugned order set-aside and the matter is remitted back to respondent No.2 to decide the application of the petitioner afresh in accordance with law." 3. Learned counsel for the respondents submits that apart from the reasons assigned in the impugned letter, on other grounds also petitioner is not eligible for registration. 4. However, in view of the fact that only one reason has been mentioned in the impugned letter which is that the petitioner has acquired a diploma only after passing 10th class examination and the issue is covered vide order dated 17.10.2024 passed in the case of Jagdish Prasad Jandu (supra), this court deems it just and proper to decide the present petition also in the same [2025:RJ-JP:47645] (3 of 3) [CW-19061/2018] terms, in which the above petition filed by the Jagdish Prasad Jandu (supra) has been decided. 5. Consequently, the impugned letter dated 06.08.2018 is set aside and the matter is remitted back to the respondent No.2 for deciding the application of the petitioner afresh in accordance with law. 6. Accordingly, the present petition stands disposed of. 7. Pending application(s), if any, also stands disposed of. (ANAND SHARMA),J DAKSH/60