Citation : 2021 Latest Caselaw 7650 Raj/2
Judgement Date : 15 December, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 14862/2021
Habib Mohammad Son Of Shri Ismail Harsouri, Aged About 28
Years, Resident Of Village And Post Sarwar, District Ajmer (Raj.)
----Petitioner
Versus
1. Rajasthan University Of Health Science, Kumbha Marg,
Pratap Nagar, Sanganer, Jaipur (Raj.) Through Its Vice
Chancellor.
2. Controller Of Examination, Rajasthan University Of Health
Science, Kumbha Marg, Pratap Nagar, Sanganer, Jaipur
(Raj.)
----Respondents
For Petitioner(s) : Ms. Sudesh Kasana, Adv. For Respondent(s) : Mr. Ravi Chirania, Adv. with Mr. Shahrukh Panwar, Adv.
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR
Order
15/12/2021
Learned counsel for the petitioner submitted that the
controversy raised in the present writ petition is squarely covered
by decision rendered by Coordinate Bench of this Court in the case
of Fauran Singh Versus Rajasthan University of Health
Sciences & Anr. (S.B. Civil Writ Petition No.10298/2019 &
other connected writ petitions), decided vide common order dated
31.07.2020.
Learned counsel for the petitioner further submitted that on
the strength of the said judgment, the Principal Seat at Jodhpur
has also passed interim order in S.B. Civil Writ Petition
(2 of 2) [CW-14862/2021]
No.17161/2021 (Bhupendra Singh Versus Rajasthan
University of Health Sciences & Ors.) dated 09.12.2021.
Learned counsel-Mr. Ravi Chirania appearing for the
Rajasthan University of Health Sciences submitted that the order
passed by the Single Bench in the case of Fauran Singh Vs RUHS
(supra), is under challenge before the Division Bench.
Learned counsel for the respondent-University further
submitted that issue until decided by the Division Bench, is not
attained finality, however, counsel does not dispute the fact of
passing interim order at the Principal Seat at Jodhpur.
Learned counsel for the respondent-University is granted
four weeks time to file reply.
This Court, as an interim measure, directs that the petitioner
would be allowed to fill the examination form for B.Sc. (Nursing)
Part IV (Main) Exam. and he may also be permitted to write his
due paper in the subject of Nursing Research & Statistics,
however, his result will not be declared without prior permission of
the Court.
List on 17.01.2022.
(ASHOK KUMAR GAUR),J
Ramesh Vaishnav /86/Himanshu Soni
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