Bansal Nursing Charitable Trust vs State Of Rajasthan
2022 Latest Caselaw 5769 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 1804/2021

Bansal Nursing Charitable Trust, Bansal School Of Nursing And Bansal College Of Nursing Manaksar Hanumangarh Through Its Managing Driector Shri Vishnu Purohit S/o Shri B.l. Purohit, Aged About 51 Years.

----Petitioner Versus

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

2. Indian Nursing Council, Through Its President, Combined Council Building, Kotla Road, Temple Lane, New Delhi.

3. Rajasthan University Of Health And Science, Through Its Registrar, Kumbha Marg, Pratarp Nagar, Jaipur, Rajasthan.

4. Rajasthan Private Nursing Schools And College Federation, Through Its Chairman, 357, Laxmi Nagar, Paota B Road, Jodhpur, Rajasthan.

                                                                 ----Respondents


For Petitioner(s)         :     Mr. Ankur Mathur
                                Mr. Uttam Khan
For Respondent(s)         :     Mr. G.R. Punia, Sr. Adv. assisted by
                                Mr. Rajendra Prasad
                                Mr. Yashpal Khileree for respondent
                                No.2



            HON'BLE MR. JUSTICE VIJAY BISHNOI

                          Judgment / Order

20/04/2022

The matter comes up for consideration of application (IA

No.1/21) preferred on behalf of respondent No.3- University under

Article 226(3) of the Constitution of India for vacating the ex parte

interim order dated 09.02.2021 passed by this Court whereby, the

respondents were directed to provisionally allot students to the

(2 of 3) [CW-1804/2021]

petitioner-institution for admission in B.Sc. course for upcoming

academic year 2020-21 as per the annual intake capacity of 60

seats sanctioned by the State/Rajasthan Nursing Council.

Another application (IA No.1/22) has been preferred by the

petitioner-institution with a prayer to direct the respondents to

enroll 40 students of the petitioner-institution in B.Sc. Nursing

course and allow them to appear in the ensuing examination.

Learned counsel for the petitioner-institution has submitted

that the State Government has granted permission to the

petitioner-institution in the year 2007 to admit 50 students,

however later on, the Indian Nursing Council came into picture

and it has granted permission to the petitioner-institution to admit

30 students only.

Learned counsel for the petitioner-institution has submitted

that this Court as well as the Hon'ble Supreme Court in various

pronouncements have held that the Indian Nursing Council has no

business to grant permission to any institution for admitting

students.

It is submitted that after the said pronouncements the

petitioner-institution is entitled to give admission to 50 students

as per the NOC issued by the State Government.

Learned counsel Mr. G.R. Punia, Sr. Adv. assisted by

Mr. Rajendra Prasad has argued that as a matter of fact, the

petitioner-institution was earlier granted permission to admit 30

students only and it has furnished affiliation fees for 30 students

only and, therefore, the petitioner-institution cannot be allowed to

admit more than 30 students in the ongoing course.

Having heard learned counsel for the parties, I deem it

appropriate to direct the respondents to allow students of the

(3 of 3) [CW-1804/2021]

petitioner-institution mentioned in the admission list filed

alongwith application No.1/22 to appear in the first year of B.Sc.

Nursing Examination, however, result of the said students shall not

be declared without the permission of this Court. The respondent

university is directed to allow the petitioner-institution to deposit

affiliation fees of remaining students.

With these observations, the application No. 1/22 is disposed

of.

So far as the application No.1/21 preferred on behalf of the

respondent-University for vacating ex parte interim order is

concerned, in the facts and circumstances of the case, I deem it

appropriate to dispose of the same with a direction to the

petitioner-institution not to admit more than 30 students in B.Sc.

Nursing course in future sessions till pendency of this writ petition.

The interim order dated 09.02.2021 passed by this Court is

modified accordingly.

(VIJAY BISHNOI),J 176-mohit/-

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