Rajasthan High Court - Jodhpur

Shri Maharshi Dadhich Education ... vs State Of Rajasthan And Ors on 4 March, 2022

Bench: Vinit Kumar Mathur

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 6869/2018

Shri Maharshi Dadhich Education Society, Through Its Secretary Raj Dadhich S/o R.N. Dadhich, aged about 40 years, R/o - M.D. Mission College, Keshavpura, Kota, Rajasthan- 324009.

----Petitioner Versus

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

2. The Indian Nursing Council Through Its Secretary, 8Th Floor, Nbcc Center, Plot No.2, Community Center, Okhla Phase-I, New Delhi- 110020.

3. Rajasthan University Of Health Sciences, Sector-18, Kumbha Marg, Pratap Nagar, Tonk Road, Jaipur Rajasthan.

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

5. Rajasthan Private Nursing Schools And Colleges Federation Through Its Chairman, 357, Laxmi Nagar, Paota B Road, Jodhpur, Rajasthan- 342001.

----Respondents Connected With S.B. Civil Writ Petition No. 13218/2018 Shri Maharshi Dadhich Education Society, Through Its Secretary Raj Dadhich S/o R.N. Dadhich, Age About 40 Years, R/o M.D. Mission College, Keshavpura, Kota, Rajasthan - 324009

----Petitioner Versus

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

2. The Indian Nursing Council, Through Its Secretary, 8Th Floor, Nbcc Center, Plot No. 2, Community Center, Okhla Phase - I, New Delhi - 110020.

3.    Rajasthan University Of              Health Sciences,           Sector-18,
      Kumbha       Marg,     Pratap        Nagar,       Tonk     Road,     Jaipur



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        (Rajasthan).

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

5. Rajasthan Private Nursing Schools And Colleges Federation, Through Its Chairman, 357, Laxmi Nagar, Paota B Road, Jodhpur, Rajasthan - 342001.

                                                                  ----Respondents




For Petitioner(s)          :     Mr. Ankur Mathur
For Respondent(s)          :     Ms. Vandana Bhansali, AGC
                                 Mr. Abhinav Jain
                                 Mr. Sangram Singh
                                 Mr. Yashpal Khileree

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

04/03/2022

Heard learned counsel for the parties.

The case comes up on an application(01/22) for declaring

result of students pursuing B.Sc. third year Nursing Course from

the petitioner - Institute.

However, since the controversy involved in the present

matters is short, therefore, with the consent of learned counsel for

the parties, the matters are being heard finally and disposed of by

this common order.

The present writ petitions were filed by the petitioner

Institute against the order dated 16/10/2017 and other

consequential orders vide which the petitioner Institute was

banned for allotment of students for admission in the course of

GNM/B.Sc. Nursing on the ground that in the Institution, certain

deficiencies were found at the time of inspection.

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The petitioner Institute filed writ petitions before this Court

and this Court at the time of issuing notices in the writ petitions

passed the following orders :-

S.B. Civil Writ Petition No.6869/2018 : 16/05/2018 :

Issue notice.

Meanwhile, the petitioner - Institute is permitted to participate in the ongoing counselling of GNM Course but the students shall be duly informed about the ongoing litigation of the petitioner - Institute.

List the matter on 10.07.2018.

S.B. Civil Writ Petition No. 13218/2018 : 30/08/2018 Issue notice.

To be heard along with S.B. Civil Writ Petition No.6869/2018.

Meanwhile, the petitioner - Institute is permitted to participate in the ongoing counselling of GNM/BSc. Nursing Course as the case may be but the students shall be duly informed about the ongoing litigation of the petitioner - Institute".

In pursuance of the interim orders granted by this Court, the

petitioner - Institute granted admissions to the students in the

GNM and B.Sc. Nursing Course. During the pendency of the writ

petitions, the ban imposed vide order dated 16/10/2017 was

revoked by the State Government vide order dated 13/01/2021 on

the condition that the petitioner - Institute was required to

deposit a certificate issued by the Rajasthan Pollution Control

Board within a period of one month.

Learned counsel for the petitioner - Institute submits that in

pursuance of the conditional revocation order of the State

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Government dated 13/01/2021, the petitioner - Institute has

deposited the requisite certificate before the competent authorities

and removed the deficiencies pointed out during the course of

inspection, and, therefore, the State Government has revoked the

ban order dated 16/10/2017. On account of the deposition of the

certificate and removing the deficiencies pointed out during the

Course of Inspection, the name of the petitioner - Institute has

been reflected in the list of Institutions shown by the Rajasthan

Nursing Council, Jaipur for admitting the students in GNM/BSc.

Nursing Course. The approval has also been granted by the

Respondent University. He, therefore, submits that in view of the

order passed by the State Government on 13/01/2021, the

impediment created vide order dated 16/10/2017 has been

removed and, therefore the students who have been admitted for

pursing the said courses for the Academic Session 2017-18 may

be permitted to participate in the Examinations and they may be

granted the requisite degrees and certificates for the same.

Learned counsel for the petitioner - Institute has relied upon a

judgment of this Court passed in S.B. Civil Writ Petition

No.9804/2012 decided on 02/03/2017 in Vijaya Raje

College of Nursing vs. State of Rajasthan & Ors.

Learned counsel for the respondents are not in a position to

dispute the facts in the present case.

This Court in the identical set of facts has decided the

controversy in the following terms : -

"1. By way of this writ petition, the petitioner has questioned the legality of communication dated 12.6.12 of Indian Nursing Council, New Delhi, whereby the petitioner is not permitted to admit the students for

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B.Sc. (Nursing) Programme during the academic session 2012-13 on account of non removal of the deficiencies pointed out pursuant to the inspection conducted. The petitioner has also sought directions to permit it to admit the students for B.Sc. (Nursing) Course for academic session 2012-13.

2. On 6.10.12 while issuing notices to the respondents, an interim order was passed by this court in the following terms:

"In the meanwhile, the allotment of the students already made to the petitioner institution for the B.Sc. (Nursing) Course for the Academic Session 2012-13, shall not be withdrawn."

3. Pursuant to the interim order passed as aforesaid, the students admitted to the B.Sc. (Nursing) Programme pursued their studies, appeared in the examination and by now they are in process of completing the B.Sc. (Nursing) Programme.

4. Learned counsel appearing for the petitioner contended that the petitioner institution has already been granted to conduct the B.Sc. (Nursing) Programme during the academic sessions 2013- 14, 2014-15, 2015-16 and 2016-17. Suffice it to say that the deficiencies as pointed out stand removed and the petitioner institution is running the B.Sc. (Nursing) Programme under the recognition granted by the Indian Nursing Council.

5. In the considered opinion of this court, the petitioner institution having granted the recognition by the respondent Indian Nursing Council after removal of the deficiencies pointed out during the academic sessions 2013-14, 2014-15, 2015-16 and 2016-17, there is no reason why the students who have already pursued the studies of the course during the academic session 2012-13 onwards and are completing their course should be deprived of the benefits thereof merely because, at the relevant time, for a particular academic

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session on account of certain deficiencies the permission to conduct the course was withheld.

6. In this view of the matter, the petition is disposed of with the directions to the respondents to issue the degrees and migration certificates to the students of the petitioner institution who have pursued the studies of B.Sc. (Nursing) Course during the academic session 2012-13 pursuant to the interim order passed by this court as aforesaid and subsequent thereto on the strength of the recognition granted by the Indian Nursing Council and who after passing the examinations, have completed the course.

7. No order as to costs"

I have considered the submissions made at the Bar and the

undisputed facts in the present case noted above show that for

the Academic Session 2017-18 for GNM and B.Sc. Nursing

Courses, the State Government passed an order on 16/10/2017

vide which, the petitioner Institute was banned for admissions and

allotting students on account of certain deficiencies in the

petitioner Institute. In the circumstances, the interim orders were

passed in the present writ petitions in pursuance of which, the

petitioner Institute had given admissions to the students who have

pursued their courses. During the pendency of the writ petitions,

the State Government has revoked the ban order dated