ORIENTAL COLLEGE, AMARWADA Vs. STATE OF M. P.

JUDGEMENT

(1.) In this petition filed under Article 226 of the Constitution of India, the petitioner-college has prayed for a direction to respondent No.3- University for issuance of formal order of affiliation on the basis of inspection conducted on 22/2/2021. It is further prayed that students admitted by petitioner-college in Bachelor in Medical Lab Technology (Degree Course) and Diploma in Medical Lab Technician be allowed to appear in the examinations for the academic session 2019-20. The petitioners have also assailed the order dtd. 17/12/2021 (Annexure R/3-

(2.) ) passed by respondent No.3 by amending the petition whereby prayer for affiliation made by the petitioner was declined by the University. 2. Draped in brevity, the necessary facts for adjudication of this matter are that the petitioner-college was established to impart education in Para Medical Course at Amarwada, District Chhindwara. The petitioner-college got itself affiliated with Civil Hospital, Amarwada by order dtd. 24/7/2019 for imparting training to its pupil. The Civil Hospital, Chhindwada is a 100 bedded Hospital. The Madhya Pradesh Sah Chikitsiya Parishad Adhiniyam, 2000 (hereinafter referred as 'Adhiniyam') governs the field and respondent No.2 is a statutory body constituted under this Adhiniyam. The respondent No.2 is competent to grant recognition to the institutions for running Para Medical Education Courses in the State of Madhya Pradesh.

(3.) In exercise of powers under Sec. 45 of the said Adhiniyam, Madhya Pradesh Para Medical Education (Norms and Guidelines for Establishment of Para Medical Institutions) Rules, 2007 were framed which provides criteria for grant of recognition for running Medical Education Courses. The petitioner-college preferred an application before respondent No.2 on 15/4/2019 (Annexure R-2/1) seeking the recognition. The application was submitted in prescribed format and requisite fees for grant of recognition for Degree and Diploma Courses was paid. In turn, respondent No.2 conducted spot inspection and verified the documents. The petitioner was found eligible and entitled for establishment of institutions for running said courses and accordingly by order dtd. 20/2/2020 (Annexure P/3), recognition was granted to the petitioner.