Kumar Tribhuban vs State Of Rajasthan
2022 Latest Caselaw 5666 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 5423/2022

1. Kumar Tribhuban S/o Baiju Prasad Yadav, Aged About 24 Years, C/o Banwari Lal Jakhar R/o Jeevan Nagar, Sanwali Road (Salam Singh Ki Dhani) District Sikar, Rajasthan.

2. Vivekanand Kumar S/o Vinay Prasad, Aged About 24 Years, C/o Banwari Lal Jakhar R/o Jeevan Nagar, Sanwali Road (Salam Singh Ki Dhani) District Sikar, Rajasthan.

3. Ayush Kumar S/o Vinay Prasad, Aged About 19 Years, C/o Banwari Lal Jakhar R/o Jeevan Nagar, Sanwali Road (Salam Singh Ki Dhani) District Sikar, Rajasthan.

4. Shymalee Kumari D/o Binod Kumar, Aged About 26 Years, C/o Banwari Lal Jakhar R/o Jeevan Nagar, Sanwali Road (Salam Singh Ki Dhani) District Sikar, Rajasthan.

5. Ashutosh Kumar S/o Ashish Kumar, Aged About 34 Years, C/o Banwari Lal Jakhar R/o Jeevan Nagar, Sanwali Road (Salam Singh Ki Dhani) District Sikar, Rajasthan.

6. Sonu Kumar Choudhary S/o Praakash Choudhary, Aged About 21 Years, C/o Banwari Lal Jakhar R/o Jeevan Nagar, Sanwali Road (Salam Singh Ki Dhani) District Sikar, Rajasthan.

7. Khusboo Kumari S/o Vinay Kumar, Aged About 29 Years, C/o Banwari Lal Jakhar R/o Jeevan Nagar, Sanwali Road (Salam Singh Ki Dhani) District Sikar, Rajasthan.

8. Shiv Kumar S/o Binda Pasen, Aged About 29 Years, C/o Banwari Lal Jakhar R/o Jeevan Nagar, Sanwali Road (Salam Singh Ki Dhani) District Sikar, Rajasthan.

9. Shakshi Raj S/o Muna Kumar, Aged About 18 Years, C/o Banwari Lal Jakhar R/o Jeevan Nagar, Sanwali Road (Salam Singh Ki Dhani) District Sikar, Rajasthan.

----Petitioners Versus

1. State Of Rajasthan, Through The Secretary, Medical And Health Education, Secretariat, Jaipur.

2. The Rajasthan Nursing Council, Through Its Registrar D-

29, Sardar Patel Marg, C-Scheme, Jaipur.

3. Anupama Medical Prashikshan Sansthan, Through Its Secretary, Jeevan Nagar, Sikar, Rajasthan.

(2 of 3) [CW-5423/2022]

4. Private Physiotherapy Nursing And Para-Medical Nursing Society, Branch Office Through Its Secretary, Plot No.275 Subhash Nagar, Pal Road, Jodhpur, Rajasthan.

                                                                       ----Respondents


For Petitioner(s)               :     Mr. Ankur Mathur
For Respondent(s)               :



                HON'BLE MR. JUSTICE VIJAY BISHNOI

                                Judgment / Order

19/04/2022

Counsel for the petitioner has drawn attention of Court

towards order dated 25.3.2021 passed by Jaipur Bench of this

Court in Ruby Kumari & Ors.Vs. State of Rajasthan & Ors. (S.B.

Civil Writ Petition No.4168/2021), which reads as follows :

"Learned counsel for the petitioners submitted that the petitioners have

taken admission in General Nursing & Midwifery Course in Academic Session

2019-2020 after satisfying the Authorities about qualification (Senior Secondary

Examination) of the petitioners obtained from Bihar School Examination Board

Patna, Bihar.

Learned counsel submitted that the petitioners have attended the classes

regularly for the Academic Session 2019-2020 and now they have not been

permitted to write their examination which is scheduled from 01.04.2021 as per

announcement made by the Rajasthan Nursing Council, Jaipur.

Learned counsel further submitted that the qualification granted by Bihar

School Examination Board is in the list of recognized Boards as approved by

University of Rajasthan.

Learned counsel submitted that the petitioners are deprived to write their

examination on a wrong premise and in spite of fulfilling all the requisite

conditions, the respondents are not permitting the petitioners to appear in the

examination.

(3 of 3) [CW-5423/2022]

Issue notice of the writ petition as well as stay application, returnable on

08.04.2021. Notices be given 'dasti' if prayed.

In the meanwhile, the respondents are directed to allow the petitioners to

appear in GNM 1st Year Examination to be held from 01.04.2021 onwards.

The appearance of the petitioners would be on the provisional basis in the

examination and no equity would be claimed by them. The result of the petitioners

would not be declared without prior permission of the Court."

Issue notice to the respondents. Issue notice of stay

application also.

In the meanwhile, the respondents are directed to allow the

petitioners to appear in GNM 1st Year forthcoming examination.

The appearance of petitioners would be on the provisional

basis in the examination and no equity would be claimed by them.

The result of the petitioners would not be declared without prior

permission of the Court.

(VIJAY BISHNOI),J 43-mohit/-

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