Rajasthan High Court - Jodhpur
Mahatma Gandhi Seva Sansthan vs State Of Rajasthan (2023:Rj-Jd:40215) on 22 November, 2023
Author: Rekha Borana
Bench: Rekha Borana
[2023:RJ-JD:40215]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 17924/2023
Mahatma Gandhi Seva Sansthan, (Mahatma Gandhi General
Nursing And Paramedical Institute), 52Feet Hanuman Ji,
Bagrana, Agra Road, Jaipur, Rajasthan Through Its Member-
Ashok Sharma S/o Bhagwan Sahai Sharma, Aged 50 Yers,
Residing At 219, Behind Tiwari Dharmkanta, Agra Road, Dausa,
Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through Its Secretary, Medical And
Health Department Government Of Rajasthan,
Secretariat, Jaipur.
2. The Rajasthan Nurisng Council, Jaipur Through Its
Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur.
3. 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) : Ms. Vandana Bhansali, AGC assisted
by Ms. Vrinda Samdani
Mr. Sangram Singh
HON'BLE MS. JUSTICE REKHA BORANA
Judgment
22/11/2023
1. The present petition has been filed aggrieved of the
order/communication dated 23.12.2014 (Annexure-2) whereby
the petitioner Institute was restrained from allotting
students/granting admission to students for GNM Nursing Course.
The said order is under challenge on the ground that the ban
which was imposed vide the said communication/order was
[2023:RJ-JD:40215] (2 of 4) [CW-17924/2023]
because of some ACD proceedings initiated against the petitioner
Institute which ultimately were decided in its favour and hence,
the ban as imposed vide the impugned communication be
revoked.
2. Learned counsel appearing for the respondent State raised
three preliminary objections:
(i) The present petition pertains to Jaipur jurisdiction and
hence, the same should not be entertained by this Court at
Principal Seat, Jodhpur.
(ii) Earlier the communication/order dated 23.12.2014 was
assailed by the petitioner Institute before the Jaipur Bench in S.B.
Civil Writ Petition No.15941/2015 (Mahatma Gandhi General &
Paramedical Institute vs. State of Rajasthan & Ors.) which was
decided on 04.11.2015. Vide the said order, the writ petition
preferred by the petitioner Institute was dismissed with an
observation that the petitioner may, if so, advised file a review in
the earlier writ petition i.e. S.B. Civil Writ Petition No.178/2015
(Mahatma Gandhi Sewa Sansthan vs. State & Ors.) filed by it
which was withdrawn. However, the petitioner was also granted
liberty to file an application along with necessary documents with
the State Government for allotment of seats for the academic
session 2016-17.
Learned counsel submitted that once the order already
having been assailed and the writ petition already having been
dismissed, the present writ petition for the same relief cannot be
entertained.
(iii) The present writ petition deserves to be dismissed on
count of concealment of facts also. Learned counsel submitted
[2023:RJ-JD:40215] (3 of 4) [CW-17924/2023]
that fact of S.B. Civil Writ Petition No.178/2015 having been filed
by the petitioner Institute at Jaipur Bench and the same having
been withdrawn has not been averred in the present petition.
3. Heard the counsels on the preliminary objections as raised
by learned counsel for the respondents.
4. So far as the ground regarding res judicata and concealment
of facts as raised by learned counsel for the respondents is
concerned, this Court is of the clear opinion that the order passed
in S.B. Civil Writ Petition No.15941/2015 has been placed on
record as Annexure-3 wherein the factum of filing of S.B. Civil Writ
Petition No.178/2015 and been withdrawn has been taken note of.
Therefore, it cannot be held that there is concealment of facts.
However, the factum of the impugned order/communication dated
23.12.2014 having already been assailed before the Jaipur Bench
is not in dispute.
A perusal of the order dated 04.11.2015 is sufficient to
conclude that the present writ petition has been filed assailing the
same order.
Further, this Court is of the clear opinion that the present
writ petition cannot be entertained by this Court being pertaining
to Jaipur jurisdiction.
5. At this stage, learned counsel for the petitioner sought
permission to withdraw the present petition with liberty to file
before the Jaipur Bench.
In view of the request made, the permission as prayed for is
granted with liberty to file before the Jaipur Bench. The objections
as raised by learned counsel for the respondents are kept open.
[2023:RJ-JD:40215] (4 of 4) [CW-17924/2023]
6. Accordingly, the present writ petition is dismissed as
withdrawn with liberty aforesaid.
7. Stay petition and all pending applications, if any, also stand
dismissed.
(REKHA BORANA),J
48-KashishS/-
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