Rajasthan High Court - Jodhpur
Bansal Nursing Charitable Trust vs State Of Rajasthan on 13 May, 2022
Bench: Manindra Mohan Shrivastava, Farjand Ali
(1 of 2) [SAW-417/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Spl. Appl. Writ No. 417/2022
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.
----Appellant
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 Appellant(s) : Mr. Ankur Mathur
For Respondent(s) : Mr. Yash Pal Khilleree
HON'BLE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA
HON'BLE MR. JUSTICE FARJAND ALI
Judgment
13/05/2022
Challenge to order dated 20.04.2022 is on twin grounds.
Firstly, that the restrain order is beyond the scope of the writ
petition because the writ petition pertained only to academic
session 2020-21 and not 2021-22. Secondly, it is submitted that
in any case another writ petition was filed by the appellant-
Institution in the matter of dispute with regard to entitlement of
the appellant to increase intake capacity up to 50. In that case
(2 of 2) [SAW-417/2022]
also an interim order has been passed dated 23.10.2021.
Therefore, the order of learned Single Judge on 20.04.2022 to the
extent it restricts the appellant, not to admit more than 30
students in B.Sc. Nursing Course in future session is in conflict
with order dated 23.10.2021 in SB Civil Writ Petition
No.14785/2021.
Apart from the argument relating to the scope of this writ
petition, we find that in respect of the next academic session
2021-22 the appellant has already filed a writ petition and therein
interim order has been passed on 23.10.2021. There is nothing on
record as to show that this order was brought to the notice of
learned Single Judge and is not even reflected from the order.
Therefore, we allow the appellant to file appropriate application for
modification of order dated 20.04.22 to bring to the notice of the
court order dated 23.10.2021 passed in SB Civil Writ Petition
No.14785/2021.
Till the application for modification is decided, as there is an
order in favour of the appellant in another writ petition dated
23.10.2021, passed before the order impugned, the further
process of counseling shall be permitted corresponding to intake
capacity of 50 seats for session 2021-22.
The writ petition is disposed of accordingly.
(FARJAND ALI),J (MANINDRA MOHAN SHRIVASTAVA),ACJ
62-nidhi/neha-
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