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| Petition of Paramedical Institute for increasing seat intake, start of addl courses allowed | | | Early Times Report
Jammu, Jan (JNF) 7 : J&K High Court today allowed the petition filed by Aakash Institute of Paramedical Sciences seeking qaushment of Government Order No.245-HME of 2012 dated March 22, 2012 seeking extension of No Objection Certificate (NOC) to permit it to impart instructions in additional course of Male Multipurpose Health Worker with intake capacity of 60 seats and to increase the intake capacity of already permitted courses of Female Multipurpose Health Worker and Medical Assistant/Pharmacist, to 60 each.
Justice JP Singh of Jammu & Kashmir High Court Jammu Wing after hearing Adv Nitin Bhasin for the petitioner whereas Deputy AG Neeru Goswami appearing for the state, allowed the petition and issued directions to State Government in the Health and Medical Education Department to consider the petitioner's request afresh in the light of the recommendations made by the Jammu and Kashmir State Medical Faculty, Jammu for its appropriate reasoned decision thereon, as warranted under rules, within six weeks.
While allowing the petition, Justice JP Singh observed that it was not disputed at the time of consideration of the Petition that the Jammu and Kashmir State Medical Faculty was created by the State Government to monitor the affairs of Institutions imparting instructions in Para Medical Courses. The State Medical Faculty is authorized by the Government to conduct inspections for forming opinion as to whether the Institution was equipped with requisite infrastructure to run Para Medical Courses on the basis whereof Government considers issuance or otherwise of No Objection Certificate for running Para Medical Courses. The decision taken by the Government without considering the recommendations of the State Medical Faculty and that too without spelling out any reasons for rejection of petitioner's request, cannot, therefore, be viewed but arbitrary and unwarranted.
The Government Order passed on the petitioner's request for issuance of No Objection Certificate to run additional Course and to increase its intake capacity does not indicate it to have been passed on the basis of any policy laid down. The decision of the Government cannot, therefore, be sustained because the petitioner's request has been rejected for absolutely no reasons muchless sound and rational and allowed the petition with the directions. |
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