Rajasthan High Court - Jodhpur
Rajasthan College Of B.Sc. ... vs State Of Rajasthan on 18 November, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 17365/2022
Rajasthan College Of B.sc. Nursing, Ganeshpura Road, Somnath
Nagar, Dausa, Through Its Director Dr. Ram Sagar Nagar S/o
Shri Mangilal Ji Nagar, Aged About 52 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. 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. Mohit Singhvi
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Judgment / Order
18/11/2022
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 and Health
(Group-3), Department & Anr. (S.B. Civil Writ Petition
No.1365/2022). The order reads as follows:
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"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 Ganpati
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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.
(DR.PUSHPENDRA SINGH BHATI), J.
ns. 162-1/-
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