GOPAL KRISHAN VYAS,J. - (1.) The instant special appeal has been filed by the Rajasthan Para Medical Council under Rule 134 of the Rajasthan High Court Rules read with Article 225 of the Constitution of India so as to challenge the judgment dated 7.2.2018 passed by the learned Single Judge in SBCWP No. 13990/2016 (Hitesh Kumar Sharma and Ors. v. State of Rajasthan and Ors.) whereby the learned Single Judge while following the judgment in the case of Sunil Bishnoi and Ors. v. State of Rajasthan and Ors. (SBCWP No.8149/2015), decided on 1.2.2018 allowed the writ petition only to the extent that respondent no.3 Rajasthan Para Medical Council, Jaipur shall register the petitioners-respondents in case they are otherwise found eligible within a period of one month from the date of receiving certified copy of the order.
(2.) Learned counsel for the appellant vehemently argued that in the writ petition, the respondents nowhere stated that their technical qualification i.e., diploma in Medical Lab Technology (DMLT), or Diploma in Radiology Technology (DRT) or Diploma in Ophthalmic Technology (DOT) obtained from the Pacific Medical University, Udaipur is recognized by the State of Rajasthan, as well as by the Rajasthan Para Medical Council Regulations, 2014. Learned counsel for the appellant further submits that in the case of Gand Mal Dhakar and Ors. v. State of Rajasthan and Ors. (DBSAW No.955/2011, decided on 17.2.2017) the candidates not possessing the requisite statutory eligibility cannot be considered for appointment on the post created under the statue, therefore, the respondents are not entitled for any appointment. Further, the learned counsel for the appellant invited our attention towards the judgment of this court in the case of Ajju Khan v. State of Rajasthan (SBCWP No.700/2016) in which the petitioner sought equivalence of the diploma or certificate course in laboratory technician obtained from the private Universities with the requisite recognized qualification as per the provisions of Rules of 1965 and that writ petition was dismissed on 19.9.2016, therefore, it is submitted that the respondents are not entitled for any relief granted by the learned Single Judge.
(3.) Lastly, learned counsel for the appellant argued that under Section 17 of the Rajasthan Para Medical Council Act, 2008 (hereinafter referred to as the Act of 2008 for short) and Regulation 42 and 43 of the Regulations of 2014 a person having recognized para medical qualification is entitled to be registered as para medical professional, noneelse, but this aspect of the matter has not been considered properly by the learned Single Judge, therefore, this appeal may kindly be allowed and the judgment impugned may kindly be quashed.;