Rajasthan High Court - Jodhpur
Gayatri Vidhyapeeth, (Nimt ... vs State Of Rajasthan on 7 December, 2022
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 17400/2022
Gayatri Vidhyapeeth, (Nimt College Of Nursing), 1-4 Indra
Gandhi Nagar, Bagrana, Post Kanota, Agra Road, Jaipur,
Rajasthan, Through Its Representative Shri Rishi Sharma S/o
Shri Damodar Sharma, Aged About 35 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, Through Its
Secretary, Secretariat, Jaipur, Rajasthan.
3. Rajasthan Nursing Council, Through Its Registrar, B-39,
Sardar Patel Marg, C-Scheme, Jaipur (Rajasthan).
4. Rajasthan University Of Health And Science, Through Its
Registrar, Kumbha Marg, Partap Nagar, Jaipur, Rajasthan.
5. 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
07/12/2022
Learned counsel for the petitioner submits that in an
identical matter, a coordinate Bench of this Hon'ble Court at
Jaipur Bench passed an order dated 19.10.2022 in Ganpati
Keshyo Rai College of Nursing Vs. Secretary Medical
(2 of 3) [CW-17400/2022]
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.
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
(3 of 3) [CW-17400/2022]
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
application for vacation of this order, in case, need arises. It
is also made clear that the grant of enrollment shall not
create any right in favour of the petitioner and the same shall
be subject to the grant of NOC and final outcome of the writ
petition. The respondent-University shall be free to inform the
students regarding the status of the case.
List the matter after four weeks.
(VIJAY BISHNOI),J
93-msrathore/-
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