Citation : 2021 Latest Caselaw 7718 Raj/2
Judgement Date : 16 December, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 15068/2021
Surender Kumar S/o Shri Gopal Ram, Aged About 30 Years, R/o
Sidana House, Malviya Nagar Jaipur (Raj.). 302017
----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.
----Respondents
For Petitioner(s) : Mr.Brijesh Kumar Bhardwaj, Adv. For Respondent(s) : Mr.Ravi Chirania, Adv. with Mr.Shahrukh Panwar, Adv.
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR
Order
16/12/2021
Learned counsel Mr.Ravi Chirania appearing for the
respondent-University.
Learned counsel for petitioner is directed to serve a copy of
the writ petition to Mr.Ravi Chirania, Adv. His name be shown in
the cause list.
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.
(2 of 2) [CW-15068/2021]
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
No.17161/2021 (Bhupendra Singh Versus Rajasthan
University of Health Sciences & Ors.) dated 09.12.2021.
Learned counsel Mr.Ravi Chirania 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 if he is
eligible to write Part IV Examination, he may also be permitted to
write his due paper(s) for Part IV Examination, however, his result
will not be declared without prior permission of the Court.
List on 17.01.2022.
(ASHOK KUMAR GAUR),J
Himanshu Soni/Ramesh Vaishnav/66
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