Shrinath B.Sc. College Of Nursing vs State Of Rajasthan ...
2023 Latest Caselaw 8959 Raj

[2023:RJ-JD:37436]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 533/2022 Shrinath B.Sc. College Of Nursing, Through Its Principal Rajkamal Jain S/o Anil Kumar Jain, Aged About 44 Years R/o Rajnagar, Rajsamand, Rajasthan.

----Petitioner Versus

1. 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 Ms. Nilansha Singhvi For Respondent(s) : Ms. Vandana Bhansali Mr. Sangram Singh for RNC Mr. Rajesh Punia for RUHS

HON'BLE DR. JUSTICE NUPUR BHATI

Order

02/11/2023

1. The matter has been listed in the category of 'for orders'.

However, with the consent of learned counsel for the parties, the

matter is heard finally, today itself.

2. The present writ petition has been filed under Article 226 of the

Constitution of India with the following prayer:-

[2023:RJ-JD:37436] (2 of 3) [CW-14943/2021]

"i. The respondents may kindly be directed to permit the petitioner to enhance the seats in B.Sc. Course from 40 students to 50 students for the academic session 2021- 22;

ii. The Respondent authorities may kindly be directed inspect the Petitioner institute and a further direction may be granted to do the needful within a period of 3 months.

Iii. Any other appropriate relief which the Hon'ble Court deems just and proper in the facts and circumstances of the case may kindly be passed in favour of the Petitioner. iv. Costs of the writ petition be also awarded in favour of the petitioner."

2. Learned counsel for the parties jointly submit that the

controversy involved in the present writ petitions is squarely

covered by the judgment dated 30.10.2023 passed by this Court

in S.B. Civil Writ Petition No.252/2023 (Shrinath B.Sc.

College of Nursing Vs. State of Rajasthan and Ors.) which is

reproduced hereunder:

"1. The present writ misc. application has been preferred claiming the following reliefs:-

"It is, therefore, most humbly and respectfully prayed that this application may kindly be allowed and the Respondent authorities may kindly be directed to enroll and register the students for B.S.C. (N) Course and Respondent No.3 may be directed to upload the details of the admitted students of the Petitioner Institute on its web portal and process the enrollment of students of the Petitioner Institute for the academic session 2022-

23. It is further prayed that the Respondents may also permit the students of the Petitioner Institute to sit in examinations and declare their results thereafter."

2. Learned counsel for the applicant, at the outset submits that vide letter dated 21.03.2023, the Rajasthan Nursing Council (RNC) has already granted permission for 50 seats for the B.Sc.

[2023:RJ-JD:37436] (3 of 3) [CW-14943/2021]

Nursing Course and the State has also continued with the NOC of 50 seats vide order dated 02.03.2023.

3. Learned counsel for the respondents admit the aforesaid facts that the applicant is having a valid NOC from RNC and the State for 50 seats and a decision has been taken to allow the applicant-institution to continue with the course in question.

4. Since learned counsel for the respondents are agreeable to the proposition as far as the present-applicant meeting all criteria for B.Sc Nursing Course, thus, there is no dispute pertaining to the eligibility of the institution and students to continue with the course.

5. In light of the aforesaid joint statement made by learned counsel for the parties, the present writ misc. application is allowed and the present applicant-institution and the students will be accordingly allowed to continue with the B.Sc. Nursing Course and all benefits accruing in law shall be available to the students as well as the institution including enrollment, declaration of result, appearing in revaluations examinations and registration upon payment of fee."

3. In view of the aforequoted judgment dated 30.10.2023,

Shrinath B.Sc. College of Nursing (supra), the instant writ

petition is disposed of in the same terms.

4. Stay petition and all pending applications, if any, stand

disposed of.

(DR. NUPUR BHATI),J 140-amit/-

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