Ramayan Shikshan Sansthan (Pink ... vs State Of Rajasthan
2022 Latest Caselaw 14256 Raj

Citation : 2022 Latest Caselaw 14256 Raj
Judgement Date : 5 December, 2022

Rajasthan High Court - Jodhpur

Ramayan Shikshan Sansthan (Pink ... vs State Of Rajasthan on 5 December, 2022

Bench: Vijay Bishnoi

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 18303/2022

Ramayan Shikshan Sansthan (Pink City College Of Nursing), 59- 60, Green Colony, Moti Nagar, Queens Road, Jaipur Through Its President Shri Shyam Sunder Ramawat S/o Shri Raja Ram Ramawat, Aged About 55 Years.

----Petitioner Versus

1. State Of Rajasthan, Through Its Principal Secretary, Medical And Health Department, Government Of Rajasthan, Government Secretariat, Jaipur (Rajasthan).

2. The Social Justice And Empowerment Department, Through Its Secretary, Secretariat, Jaipur, Rajasthan.

3. Joint Secretary (Group-3), Medical And Health Department, Government Of Rajasthan, Government Secretariat, Jaipur (Rajasthan).

4. Rajasthan Nursing Council, Through Its Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur (Rajasthan).

5. Rajasthan University Of Health And Science, Through Its Registrar, Kumbha Marg, Partap Nagar, Jaipur, Rajasthan.

6. Private Physiotherapy, Nursing And Para Medical Institutions Society, Branch Office Jodhpur Through Its Secretary, Plot No. 273, Subhash Nagar, Pal Road, Jodhpur Rajasthan.

----Respondents

For Petitioner(s) : Mr. Ankur Mathur For Respondent(s) : Mr. Manish Vyas, AAG, Dr. Mohit Singhvi

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

05/12/2022

Learned counsel for the petitioner submits that in an

identical matter, a coordinate Bench of this Hon'ble Court at

(2 of 3) [CW-18303/2022]

Jaipur Bench passed an order dated 19.10.2022 in Ganpati

Keshyo Rai College of Nursing Vs. Secretary Medical

and Health(Group-3), Department & Anr. (S.B. Civil

Writ Petition No.1365/2022). The order reads as follows:

"The matter comes up on an application (1/2022)filed by the petitioner seeking a direction for the respondents to enroll its students pursuing studies in B.Sc.Nursing Part-I.

Learned counsel for petitioner submits that this Court, vide its order dated 24.02.2022, directed the respondent-University to permit the petitioner to participate in the counseling process for admission in B.Sc. Nursing Part-I and in pursuance whereof, admissions were granted to the students. He submits that now, the respondent-University is not issuing enrollment number to its students.

Learned counsel for the respondent- University prays for an adjournment.

Learned counsel for the petitioner submits that tomorrow is the last date for issuance of enrollment number to the students of B.Sc. Nursing Part-I.

In view thereof, the prayer of adjournment is rejected.

Heard learned counsels.

In view of the fact that the petitioner- Institution has been permitted by this Court to participate in counseling process for admission in B.Sc. Nursing Part-I, it is beyond comprehension as to how the respondent- University can deny issuance of enrollment number to the students so admitted.

Therefore, the application is allowed. The respondent-University is directed to issue enrollment number to the students of the petitioner-Institution immediately."

Learned counsel for the petitioner makes a statement at

Bar in this matter, the inspection report is positive and still

the State is not issuing the NOC.

(3 of 3) [CW-18303/2022]

Upon being asked, learned counsel for the respondent-

University fairly submits that the controversy, which was

before the Hon'ble Court at the time of passing of the order in

Ganpati Keshyo Rai College of Nursing (supra) whereby the

aforesaid order has been passed, is same as raised herein.

Thus, the aforequoted order shall operate in favour of the

present petitioner also.

However, the respondents shall be free to file an