Rajasthan High Court - Jodhpur
Deepshikha Kala Sansthan vs The State Of Rajasthan on 25 November, 2022
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 17913/2022
Deepshikha Kala Sansthan, Having Its Registered Office At
Sector 3, Varun Path, Mansarovar, Jaipur, Rajasthan Through Its
Director Mr. Prem Surana S/o Nirmal Kumar Surana, Age 66
Years, Resident Of 08 Gaurav Nagar, Near Cm House, Civil Lines,
Jaipur.
----Petitioner
Versus
1. The State Of Rajasthan, Through Its Secretary, Medical
And Health Department Government Of Rajasthan,
Secretariat, Jaipur.
2. The Rajasthan Nursing Council, Jaipur Through Its
Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur.
3. The Rajasthan University Of Health Science, Through Its
Registrar, Kumbha Marg, Sector-18, Pratap Nagar, Tonk
Road, Jaipur.
4. 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. Shreyansh Mardia
For Respondent(s) : Mr. Manish Vyas, AAG, Dr. Mohit
Singhvi
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
25/11/2022
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
(2 of 3) [CW-17913/2022]
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.
(3 of 3) [CW-17913/2022]
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
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
283-msrathore/-
Powered by TCPDF (www.tcpdf.org)
