Shailesh Machhar vs The State Of Rajasthan
2023 Latest Caselaw 950 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 7532/2019

1. Shailesh Machhar S/o Shri Virendra Machhar, Aged About 20 Years, Resident Village Gaduli, Tehsil Gangartali, District Banswara (Raj.).

2. Abhishek Kumar Yadav S/o Shri Indra Kumar Yadav,, Aged About 22 Years, Resident Of Yadav Colony, Salwatiya, District Bhilwara (Raj.).

3. Achla Ram S/o Shri Joga Ram,, Aged About 25 Years, Resident Of Sardarpura Doodhu, Dhorimanna, District Barmer (Raj.).

4. Ayush Sharma S/o Shri Natwar Lal Sharma,, Aged About 20 Years, Resident Of Village Mungana, Tehsil Dhariyawad, District Pratapgarh (Raj.).

5. Dilip Kumar Vairagi S/o Shri Chattar Das Vairagi,, Aged About 22 Years, Resident Of Village Sattu Hathai, Thesil And District Dungarpur (Raj.).

6. Divyani Kalal D/o Shri Ramesh Kalal,, Aged About 22 Years, Resident Of Village Nichili Sigari, Tehsil Jhadol Phalasia, District Udaipur (Raj.).

7. Eshu Damor S/o Shri Kari Lal Damor,, Aged About 21 Years, Mukam Post Annpora, Post Venja, Tehsil Jhontri, District Dungarpur (Raj.).

8. Hansraj Damor S/o Shri Moti Lal Damor,, Aged About 19 Years, Village Post Bawadi, Tehsil Chikli, District Dungarpur (Raj.).

9. Jain Bhagyashree D/o Shri Bhanwar Lal,, Aged About 19 Years, Resident Of Nagda Bazar, Boharwadi, Salumber District Udaipur (Raj.0.

10. Jaya Parmar D/o Shri Banshi Lal Parmar, Aged About 20 Years, Resident Of Village Vpo Kolkhanda Pal Fala Oada, Tehsil And District Dungarpur (Raj.).

11. Karan Singh Sisodia S/o Shri Pardeep Singh Sisodia,, Aged About 20 Years, Resident Of 19- Somnath Colony, Pratapnagar, District Chittorgarh (Raj.).

12. Lakshita Kunwar D/o Shri Mahendra Singh,, Aged About 20 Years, Resident Of Nayi Abadi, Jawal, District Sirohi (Raj.).

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13. Leela Kumari Meena D/o Shri Meghraj Meena,, Aged About 24 Years, Resident Of 169- Chittorafala, Parod, Tehsil Salumber, District Udaipur (Raj.).

14. Leela Shankar Damor S/o Shri Hari Singh Damor,, Aged About 30 Years, Resident Of Village Khandi Obri, Upala Phala, Tehsil Kherwara, District Udaipur (Raj.).

15. Manish Kumar Meena S/o Shri Babulal Meena, Aged About 23 Years, Resident Of Village Odwas, Post Masaro Ki Obri, Tehsil Rishabhdeo, District Udaipur (Raj.).

16. Mukesh Parmar S/o Shri Hira Lal Parmar,, Aged About 21 Years, Resident Of Village Gehuwara, Post Punali, District Dungarpur (Raj.).

17. Neema Kumari D/o Shri Thavra,, Aged About 21 Years, Resident Of Village Dhani Lamba Pipal, Post Amar Singh Ka Gada, Tehsil Ganoda, District Banswara (Raj.).

18. Prakash Pargi S/o Shri Nathu Lal Pargi,, Aged About 19 Years, Resident Of Vpo Patiya Kodar, Post Bhaler Bhodar, Tehsil Anandpuri, District Banswara (Raj.).

19. Pulkit Sukhwal S/o Shri Shiv Kumar Sukhwal,, Aged About 19 Years, Resident Of Bassi Mohalla, Kuraj, District Rajsamand (Raj.).

20. Ramesh Chandra Katara S/o Shri Vijay Singh, Aged About 20 Years, Resident Of Village Rohanwadi, Tehsil Gangartalai, District Banswara (Raj.).

21. Reena Kumari Maida D/o Shri Ramesh Maida, Aged About 23 Years, Resident Of Village Shagvadiya Post Limthan, District Banswara (Raj.).

22. Renuka Patidar D/o Shri Gotam Lal Patidar,, Aged About 22 Years, Resident Of Ward No. 6 Mpo Karawara, Tehsil Simalwara, District- Dungarpur (Raj.).

23. Vikas Choudhary S/o Shri Kailash Chandra Choudhary,, Aged About 22 Years, Resident Of Village Post Lasdawan, Tehsil Nimbahera, District Chittorgarh (Raj.).

24. Sangeeta Kumari D/o Shri Gamna,, Aged About 26 Years, Resident Of Village Ummedgadi, Tehsil Bagidora, District Banswara (Raj.).

----Petitioners Versus

1. The State Of Rajasthan, Through Its Principal Secretary,

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Medical And Health (Gr.iii) Department, Government Of Rajasthan, Secretariat, Jaipur.

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

3. Geejanjali School Of Nursing, Geejanjali Medicity, Hiran Magri Extension, Manwakhera, Udaipur (Raj.). Through Its Principal.

4. The Rajasthan Private Nursing Schools Federation, E-277, Behind New Building Of Legislative Assembly, Lal Kothi Scheme Jaipur Through Its Secretary

----Respondents

For Petitioners : Mr. D.S. Sodha For Respondent : Mr. Akhilesh Rajpurohit Mr. Mahendra Vishnoi

HON'BLE DR. JUSTICE NUPUR BHATI

Judgment

Reserved On 19/01/2023 Pronounced On 24/01/2023

1. The writ petition has been preferred claiming the following

reliefs:-

"It is therefore, humbly prayed, that this writ petition may kindly be allowed and:-

i. by an appropriate writ, order or direction, it may be declared that the admission of the petitioners in GNM course in the respondent no.3 institution is just, valid, and legal;

ii. by an appropriate writ, order or direction, the respondent no.2 may kindly be directed to accept the examination forms of the petitioners for GNM 1st Yr. Exam-2019 and allow the petitioners to participate in the said examination scheduled to be held in June, 2019 and further to pursue their GNM course with all consequential directions;

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iii. Any other appropriate order or direction, which this Hon'ble Court considers just and proper in the facts and circumstances of this case, may kindly be passed in favour of the petitioners.

iv. Costs of the writ petition may kindly be awarded to the petitioners."

2. This Court, vide order dated 30.05.2019, directed the

respondents to accept the examination forms of the petitioner-

students for General Nursing and Midwifery (hereinafter "GNM")

1st Year Course, 2019 and to allow them to provisionally

participate in the examination scheduled for the same.

3. Subsequently, this Court vide order dated 05.11.2020, while

disposing of the second stay application (Application No.

5879/2020), permitted the petitioners to provisionally appear in

the remaining papers of the GNM 1 st Year Course Examination and

the GNM 2nd Year Course Examination. the GNM Course.

4. Vide order dated 17.12.2021, this Court permitted the

student-petitioners to participate for the GNM Final Year Course

Examination, which was scheduled to commence from

05.01.2022, if they were otherwise eligible and entitled for the

same.

5. All of the aforesaid orders explicitly stated that no right/

equity shall be created in favour of the student-petitioners, as a

consequence of the permissions so granted to them.

6. Furthermore, vide order dated 25.04.2022, finding that as

reply was filed, either to the present petition nor to the application

(I.A. No. 01/22) therein, directed the respondents to declare the

results of the student-petitioners for the GNM Course.

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7. Mr. Akhilesh Rajpurohit, learned counsel appearing for

Respondent no.3 submitted that the State Government permitted

the concerned Medical Colleges for intake of 100 students for

admission every year in the GNM Course, vide order dated

28.02.2007. And that the Indian Nursing Counsel also granted

permission to the respondent no. 3-college for intake of 100 seats

for admission for each academic session from time to time.

However, that the Rajasthan Nursing Council vide order dated

20.10.2008 granted the respondent no. 3-college, the approval for

the admission of 60 students only in the GNM Course.

8. It was further submitted that the dispute with regard to the

said intake capacity of students was pending consideration before

this Court, and that during the pendency of the petition, the State

Government vide order dated 16.08.2022 granted a No Objection

Certificate/Certificate (at Annexure-R/3/1) permitting the

institution to continue functioning with its intake of 100 students.

9. It was also submitted that the Rajasthan Nursing Council,

vide order dated 19.10.2022, clarified its position that the original

order passed by it stood amended to the extent of granting

permission for affiliation for 100 seats. And that vide amended

order dated 20.10.2022 (at Annexure-R/3/3) the Rajasthan

Nursing Council issued affiliation/recognition for intake of 100

seats for the academic sessions 2022-2023 as well.

10. It was further submitted that on account of the changed

circumstances; vide the amended order dated 20.10.2022 of the

Rajasthan Nursing Council, Jaipur (at Annexure-R/3/3) whereby

the seats were increased from 60 to 100 for the respondent no.3-

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college, and that all the student-petitioners are currently pursuing

their GNM Final Year Course, and that therefore, they be treated

as eligible students for the purpose of continuing with the GNM

Final Year Course, with the respondent no.3-college.

11. Heard learned counsel for the parties, as well as perused the

record of the case.

12. As an upshot of the above discussion, this Court finds that

interim orders have been granted in favour of the student-

petitioners, and that subsequently vide order dated 25.04.2022,

this Court directed the respondents to declare the results of the

student-petitioners for the GNM Course.

13. This Court also finds that vide the amended order dated

20.10.2022, a conscious decision has been taken by the Rajasthan

Nursing Council, Jaipur to grant temporary affiliation/recognition

for 100 seats in the respondent no.3.

14. This Court is thus of the view that on account of the changed

circumstances; as the amended order dated 20.10.2022 has been

passed by the Rajasthan Nursing Council, Jaipur, whereby a

conscious decision has been taken to grant temporary

affiliation/recognition for 100 seats in the respondent no.3 and,

looking into the facts and circumstances as stated hereinabove,

that the student-petitioners are presently pursuing their GNM Final

Year Course, and have been granted interim protection vide the

orders, dated 30.05.2019, 05.11.2020, 17.12.2021 and

25.04.2022 respectively, passed by this Court in favour of the

student-petitioners, it would in the interest of justice to direct the

respondent no.2 and the respondent no.3 to permit the student-

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petitioners to continue with their GNM Final Year Course, and to

also permit them to appear in the GNM Final Course Examination,

as and when held, and to declare the results of the student-

petitioners for the same, accordingly.

15. With the aforesaid directions, the present writ petition stands

disposed of. Accordingly, all pending applications also stand

disposed of.

16. No order as to costs.

(DR. NUPUR BHATI),J 49-Sanjay/-

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