Bharat Raj Yogi S/O Nehnu Nath vs Rajasthan University Of Health ...
2021 Latest Caselaw 7651 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 14766/2021
Bharat Raj Yogi S/o Nehnu Nath, Aged About 27 Years, R/o
Village Karola Teh. Tonk District Tonk (Raj.).
                                                                   ----Petitioner
                                   Versus
1.     Rajasthan University Of Health Sciences, Through Its Vice
       Chancellor, Sector 18 Pratap Nagar, Jaipur.
2.     Controller   Of    Examinations,           Rajasthan      University   Of
       Health Sciences, Sector 18, Pratap Nagar, Jaipur.
3.     B.l.m College Of Nursing, Through Its Principal, Shop
       No.5 Riico Area,sitapura, Jaipur.
                                                                ----Respondents

For Petitioner(s) : Mr. Manish Lawaniya, 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-14766/2021]

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 III (Main) Exam. and he may also be permitted to write his

due paper in the subject of Mental Health Nursing and all subjects

of Part IV Exam., 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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