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HC reprimands govt for failing to frame rules, regulations for establishment of new paramedical institutes in J&K
4/7/2015 12:34:06 AM
Jehangir Rashid
Early Times Report
srinagar, Apr 6: The Jammu & Kashmir High Court has directed the state government to formulate a scheme and fix norms for the establishment of new paramedical institutes in the state according to the ordinance passed in this regard in 2013.
Acting on a petition of some of the paramedical institutes, Justice Tashi Rabstan on April 3, 2015, directed the respondents (government) to formulate a scheme and fix norms for the establishment of new paramedical institutes in the state strictly in terms of Section 18 of Jammu & Kashmir Paramedical Council Ordinance, 2013.
The respondents in the case are Commissioner Secretary, Health and Medical Education department, President Jammu & Kashmir State Para-Medical Council, Director Health Services Kashmir, Vice President Jammu & Kashmir State Para Medical Council and Registrar State Para Medical Council.
The petitioners through the petition had sought intervention of the court for establishing a norm for a need for establishing new paramedical institutes having regard to the manpower requirements. The petitioners had prayed that thousands of trained paramedics are unemployed and as such norms should be followed with regard to establishment of new paramedical institutes in the state.
The petition has highlighted the fact that the new paramedical institutes should be governed by the ordinance passed on August 20, 2013. The petition has mentioned that for establishment of new paramedical institutes 21 norms have to be followed with these norms falling well within the ambit of the government order.
It would be in place to mention here that the paramedical institutes have gone to the court of law after they got separated from the State Medical Faculty and were governed by the Jammu & Kashmir State Paramedical Council. This was done through the ordinance passed by the then government.
Although a year and half has passed since then the state government has failed to formulate the syllabus for the courses to be taught at these paramedical institutes. At the same time the authorities have also failed to come up with the examination scheme to be followed by these paramedical institutes.
The delay in framing of rules and regulations for the proper functioning of these paramedical institutes has led to the injustice to the students who are receiving there. The delay has also led to injustice to the people manning these paramedical institutes as they are not able to perform to the best possible level. In such a situation the courses are not completed in due course of time thus leading to problems for the students and management of the paramedical institutes.
The petitioners prayed before the court that it is the legal duty and obligation of the council to grant registration/recognition of establishment of new paramedical institutes after assessing the employment avenues of the paramedics who have already obtained their degrees. The petitioners also prayed that state is under a legal duty and obligation to assess and see that there is no mushroom growth of institutes without establishing the manpower requirements.
The petitioners in the case are Kashmir Institute of Paramedical Sciences, Lawaypora-Srinagar, Green Land Institute of Paramedical Sciences, Hawal-Srinagar, Dolphin Institute of Paramedical Sciences and Technology, Pulwama, Phoenix Paramedical College, Pulwama, Sky Lark Institute of Paramedical Sciences, Pulwama, Noorani Institute of Paramedical Institute, Pulwama and Lords Institute of Paramedical Sciences, Anantnag.
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