Surgyan Meena vs State Of Rajasthan And Ors

Learned counsel for the petitioner, informed that the petitioner herein has filed application for registration before the Para Medical Council before 30.07.2020 and has submitted application form pursuant to the advertisement dated 12.06.2020.

It is also asserted that he/she has been called for documents verification/counselling; but the registration certificate, pursuant to his/her application, has not been granted so far.

Learned counsel for the petitioner, argued that since the terms of the advertisement requires a valid registration on the date of counselling, petitioner will be deprived of his/her right of consideration, pursuant to the application form, submitted by him/her.

According to the petitioner, he/she has applied for registration before the Registrar, Rajasthan Paramedical Counsel before last date of submitting application form (30.07.2020).

Mr. Bhavit Sharma, learned counsel for the respondent Paramedical Council, submitted that on or after 30.07.2020, the Council has received about 3000 applications and the Council is finding it very difficult to process all those applications within the limited time available or the time allowed by the Court. It is also pointed out that the applicants, who have approached the Council at the eleventh hour, have relied upon degrees given by various Universities spread in different parts of the country and eliciting requisite information from such universities, is taking its own time.

On the other hand, learned counsel for the petitioner argued that if the application for registration is not expeditiously decided, petitioner's right of claiming appointment shall be marred for want of registration.

Mr. Mehta, learned counsel for the State submitted that if a candidate has not filed his/her application before the Council by 30.07.2020, he/she cannot claim right of being considered de hors the conditions of the advertisement. He further submits that a candidate is required to show registration certificate at the time of document verification.

In view of the submissions made by rival parties, the present writ petition is disposed of with the direction to the respondent - Para Medical Council, Jaipur to consider petitioner's application for registration within four weeks, in case the same has been sent on or before 30.07.2020 and fee for registration has been remitted or Demand Draft has been got issued by 30.07.2020. If the application has been received after 30.07.2020, the same be decided within 10 weeks.

Needless to observe that if any of the petitioner's application for registration is wanting in any manner, the Council would be free to call for the requisite information or to take appropriate decision. The petitioner shall be free to avail appropriate remedies, if his/her application for registration is rejected.

The State shall consider petitioner's registration certificate (if produced) in accordance with law.

The stay application also stands disposed of accordingly.