Citation : 2023 Latest Caselaw 8048 Raj
Judgement Date : 6 October, 2023
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 4771/2022
Vikas Pvt. Iti, Digari, District Jodhpur Through Society Gugadwal Shikshan Sansthan, Jodhpur Through Secretary Vikas Choudhary S/o Prema Ram Choudhary, R/o 25 Prem Nagar, Behind Marwar School, Digari Kallan, Jodhpur.
----Petitioner Versus
1. State Of Rajasthan, Through Principal Secretary, Technical Education, Secretariat, Jaipur.
2. The Director, Directorate Of Technical Education, W-6, Residency Road, Jodhpur (Rajasthan).
3. Director General (Affiliation), Prashikshan Mahanideshalaya, Skill Development And Entrepreneurship Ministry, Room No. 105, 1St Floor, Cirtus Building Iari Campus, Poosa, New Delhi- 110012.
4. The Director And Joint Government Secretary, Others-
Central, Social Justice And Empowerment Department, G- 3/1, Ambedkar Bhawan, Near Civil Line, Railway Crossingh, C-Scheme, Jaipur.
5. The Additional Director (Scholarship And Hostel), Social Justice And Empowerment Department, G-3/1, Ambedkar Bhawan, Near Civil Line, Railway Crossing, C-Scheme, Jaipur.
----Respondents Connected With S.B. Civil Writ Petition No. 16547/2021 Shri Krishna College Of Nursing, Sekhpura, Kotputli, Near Eklovya College, Jaipur, Rajasthan Through Its Representative Shri Raju Lal Choudhary S/o Shri Lala Ram Choudhary, Aged About 29 Years, R/o Deshwalo Ki Dhani, Devaliya, Thikariya, Jaipur.
----Petitioner Versus
1. The State Of Rajasthan, Through Its Secretary, Medical And Health Department Government Of Rajasthan, Secretariat, Jaipur.
2. The Rajasthan Nursingh Council, Jaipur, Through Its
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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. Social Justice And Empowerment Department, Through Its Director, G-3/1, Ambedkar Bhawan, Rajmahal Residency Area, Jaipur.
----Respondents S.B. Civil Writ Petition No. 17878/2021 Tilak Institute Of Medical Sciences, A-1, Chanakyapuri, Agra Road, Jaipur, Through Its Vice Principal, Shaitan Singh Yadav, S/ o- Ram Nivas Yadav, Age - 31 Years, Resident Of - Laxmangarh, Takholi, Tonk.
----Petitioner Versus
1. The Rajasthan Nursing Council, Jaipur, Through Its Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur.
2. The Rajasthan University Of Health Science, Through Its Registrar, Kumbha Marg, Sector-18, Pratap Nagar, Tonk Road, Jaipur.
3. Social Justice And Empowerment Department, Through Its Director, G-3/1, Ambedkar Bhawan, Rajmahal Residency Area, 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 S.B. Civil Writ Petition No. 17893/2021 S. Tech College Of Nursing, Bhilwara, Stech Patel Nagar, Near Devnarayan Circle, Bhilwara Through Its Authorized Signatory Ashish Kumar Singhal Son Of Ram Gopal Singhal, Aged About 33 Years.
----Petitioner Versus
1. State Of Rajasthan, Through The Secretary To The Government, Medical And Health Department (Group-Iii),
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Jaipur.
2. Indian Nursing Council, Through Its Secretary, Situated At Combined Council Building, Kotla Road, Temple Lane, New Delhi.
3. Rajasthan Nursing Council, Through Its Secretary, Jaipur.
4. Rajasthan University Of Health Sciences, Through Its Registrar, Kumbha Marg, Sector 18, Pratap Nagar, Tonk Road, Jaipur.
5. Social Justice And Empowerment Department, Through Its Director, G-3/1, Ambedkar Bhawan, Rajmahal Residency Area, Jaipur.
----Respondents S.B. Civil Writ Petition No. 689/2022 Shekhawati Medical Training Insatitute College Of Nursing, Narayan Ka Bas, Laxmangarh, Sikar Through Its Secretary, Sunil Bhukar S/o Of Banwari Lal, Age 39 Years, R/o Bhookron Ka Bas, Rashidpura, Sikar, Rajasthan.
----Petitioner Versus
1. The Rajasthan Nursing Council, Jaipur, Through Its Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur.
2. The Rajasthan University Of Health Science, Through Its Registrar, Kumbha Marg, Sector - 18, Pratap Nagar, Tonk Road, Jaipur.
3. Social Justice And Empowerment Department, Through Its Director, G-3/1, Ambedkar Bhawan, Rajmahal Residency Area, 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 S.B. Civil Writ Petition No. 758/2022 Shiv Sai Pvt. Iti, (Old Address) Near Raipura Circle, Devil Aram Road, District Kota, (New Address), New Bus Stand Mandawar District Dausa (Raj.), Through Secretary Yogendra Kumar Meena S/o Shri Ram Jeevan Meena, Aged About 30 Years, R/o Digariya Kapoor, Tehsil Baswa, District Dausa (Raj.).
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----Petitioner Versus
1. State Of Rajasthan, Through Principal Secretary, Technical Education, Secretariat, Jaipur.
2. The Director, Directorate Of Technical Education, W-6, Residency Road, Jodhpur (Rajasthan).
3. Director General (Affiliation), Prashikshan Mahanideshalaya, Skill Development And Entrepreneurship Ministry, Room No. 105, 1St Floor, Cirtus Building Iari Campus, Poosa, New Delhi- 110012.
4. The Director And Joint Government Secretary, Others-
Central, Social Justice And Empowerment Department, G- 3/1, Ambedkar Bhawan, Near Civil Line, Railway Crossingh, Jaipur.
5. The Additional Director (Scholarship And Hostel), Social Justice And Empowerment Department, G-3/1, Ambedkar Bhawan, Near Civil Line, Railway Crossing, Jaipur.
----Respondents S.B. Civil Writ Petition No. 796/2022 Symbiosis Institute Of Nursing, Plot No. 1-3, Mahaveer Nagar-A, Muhana Road, Opp. V.t. Road, Mansarovar, Jaipur, Rajasthan, Through Its Director Shri Ram Babu Sharma S/o Shri Ramji Lal Sharma, Aged About 40 Years.
----Petitioner Versus
1. State Of Rajasthan, Through Social Justice And Empowerment Department, Secretariat, Jaipur, Rajasthan.
2. Rajasthan Nursing Council, Through Its Registrar, C-
Scheme, B-39, Sardar Patel Marg, Ashok Nagar, Jaipur, Rajasthan.
3. Rajasthan University Of Health Sciences, Through Its Registrar, Sector 18, Kumbha Marg, Pratap Nagar, Jaipur, Rajasthan.
4. Private Physoitherapy, Nursing And Para Medical Institutions Society Through Its President, Having Office Address At Plot No. 273, Subhash Nagar, Pal Road, Jodhpur.
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----Respondents S.B. Civil Writ Petition No. 1697/2022 S.g. Nursing College, Bhinmal Through Its Principal Shankar Lal Choudhary S/o Shri Prema Ram Choudhary, Aged About 32 Years, R/o Village Post Gong, Tehsil Raniwara, District Jalore, Rajasthan.
----Petitioner Versus
1. State Of Rajasthan, Through The Secretary, Medical And Health Department, Government Of Rajasthan, Secretariat, Jaipur.
2. The Rajasthan Nursing Council, Through Its Registrar, B-
39, Sardar Patel Marg, C-Scheme, Jaipur.
3. The Rajasthan University Of Health Scinece, Through Its Registrar, Kumbha Marg, Sector-18, Pratap Nagar, Tonk Road, Jaipur.
4. The Social Justice Ans Empowerment Department, Through Its Director, G-3/1, Ambedkar Bhawan, Rajmahal Residency Area, Jaipur, Rajasthan.
----Respondents S.B. Civil Writ Petition No. 1712/2022 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. The Rajasthan Nursing Council, Jaipur, Through Its Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur.
2. The Rajasthan University Of Health Science, Through Its Registrar, Kumbha Marg, Sector - 18, Pratap Nagar, Tonk Road, Jaipur.
3. Social Justice And Empowerment Department, Through Its Director, G-3/1, Ambedkar Bhawan, Rajmahal Residency Area, Jaipur.
4. Private Physiotherapy, Nursing And Para Medical Institutions Society, Branch Office Jodhpur, Through Its Secretary, Plot No. 273, Subhash Nagar, Pal Road,
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Jodhpur, Rajasthan.
----Respondents S.B. Civil Writ Petition No. 2487/2022 Bhadu Pvt. Ltd., Ward No. 19, Pilibanga, District Hanumangarh (Raj.) Through Society Bhadu Education Society, Hanumangarh Through Secretary Subash Chandra S/o Har Lal, Aged 52 Years, R/o Ward No. 23, Dhulwani, Pilibanga, District Hanumangarh (Raj.).
----Petitioner Versus
1. State Of Rajasthan, Through Principal Secretary, Technical Education, Secretariat, Jaipur.
2. The Director, Directorate Of Technical Education, W-6, Residency Road, Jodhpur (Rajasthan).
3. Director General (Affiliation), Prashikshan Mahanideshalaya, Skill Development And Entrepreneurship Ministry, Room No. 105, 1St Floor, Cirtus Building Iari Campus, Poosa, New Delhi 110012
4. The Director And Joint Government Secretary, Other Central, Social Justice And Empowerment Department, G- 3/1, Ambedkar Bhawan, New Civil Line, Railway Crossingh, Jaipur.
5. The Additional Director (Scholarship And Hostel), Social Justice And Empowerment Department, G-3/1, Ambedkar Bhawan, New Civil Line, Railway Crossing, Jaipur.
----Respondents S.B. Civil Writ Petition No. 2948/2022 Kisan Pvt. Iti., Sikar Road, Kuchaman City, District Nagaur, Through Society Marwar Health Care Society, Kuchaman City, District Nagaur Through Secretary Pawan Karwa S/o Sh. Nathu Ram Karwa, Aged 28 Years, R/o Sikar Road, Kuchaman City, District Nagaur (Raj.).
----Petitioner Versus
1. State Of Rajasthan, Through Principal Secretary, Technical Education, Secretariat, Jaipur.
2. The Director, Directorate Of Technical Education, W-6,
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Residency Road, Jodhpur (Rajasthan).
3. Director General (Affiliation), Prashikshan Maha-
Nideshalaya, Skill Development And Entrepreneurship Ministry, Room No. 105, Ist Floor, Cirtus Building Iari Campus, Poosa, New Delhi 110012.
4. The Director And Joint Government Secretary, Other-
Central, Social Justice And Empowerment Department, G- 3/1, Ambedkar Bhawan, Near Civil Line, Railway Crossing, Jaipur.
5. The Additional Director (Scholarship And Hostel), Social Justice And Empowerment Department, G-3/1, Ambedkar Bhawan, Near Civil Line, Railway Crossing, Jaipur.
----Respondents S.B. Civil Writ Petition No. 2949/2022 Shri Dev Pvt. Iti, Bharatpur, New Address Halena Road, Nadbai, District Bharatpur Through President Lalaram S/o Murthoo Singh Gurjar, Aged About 40 Years, R/o Nadbai, Bharatpur, Rajasthan.
----Petitioner Versus
1. State Of Rajasthan, Through Principal Secretary, Technical Education, Secretariat, Jaipur.
2. State Of Rajasthan, Through Principal Secretary, Social Justice And Empowerment, Secretariat, Jaipur.
3. The Director, Directorate Of Technical Education, W-6, Residency Road, Jodhpur (Rajasthan).
4. The Director And Joint Government Secretary, Others -
Central, Social Justice And Empowerment Department, G- 3/1, Ambedkar Bhawan, Near Civil Line, Railway Crossingh, Jaipur.
5. The Additional Director (Shcolarship And Hostel), Social Justice And Empowerment Department, G-3/1, Ambedkar Bhawan, Near Civil Line, Railway Crossingh, Jaipur.
----Respondents S.B. Civil Writ Petition No. 3045/2022 Saint Florence College Of Nursing, Through Its Principal Manish Sharma S/o Shri Kripa Shankar Sharma, Aged 36 Years, R/o Isi, Riico Institutional Area, Sitapura, Tonk Road, Jaipur.
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----Petitioner Versus
1. The Rajasthan Nursing Council, Jaipur, Through Its Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur.
2. The Rajasthan University Of Health Science, Through Its Registrar, Kumbha Marg, Sector - 18, Pratap Nagar, Tonk Road, Jaipur.
3. Social Justice And Empowerment Department, Though Its Director, G-3/1, Ambedkar Bhawan, Rajmahal Residency Area, 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 S.B. Civil Writ Petition No. 3175/2022 Ridhi Sidhi Education And Research, Society, A - 343, Saraswati Nagar, Jodhpur, Through Its Secretary, Ashok Bishnoi S/o Malkan Singh, Age - 34 Years, Resident Of - 5, Ratanada Extension Scheme, Jodhpur, District - Jodhpur, Rajasthan.
----Petitioner Versus
1. The Rajasthan Nursing Council, Jaipur, Through Its Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur.
2. The Rajasthan University Of Health Science, Through Its Registrar, Kumbha Marg, Sector 18, Pratap Nagar, Tonk Road, Jaipur.
3. Social Justice And Empowerment Department, Through Its Director, G-3/1, Ambedkar Bhawan, Rajmahal Residency Area, 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 S.B. Civil Writ Petition No. 3195/2022 Jaiswal College Of Nursing, 1-Ka-28, Vigyan Nagar, Kota Through
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Its Principal, Rafeek Mohammad Qureshi S/o Aziz Mohammad Qureshi, Age 44 Years, Resident Of House No. 865, Shastri Nagar, Dadabaddi, Kota.
----Petitioner Versus
1. The Rajasthan Nursing Council, Jaipur Through Its Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur.
2. The Rajasthan University Of Health Science, Through Its Registrar, Kumbha Marg, Sector-18, Pratap Nagar, Tonk Road, Jaipur.
3. Social Justice And Empowerment Department, Through Its Director, G-3/1, Ambedkar Bhawan, Rajmahal Residency Area, 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 S.B. Civil Writ Petition No. 4692/2022 Lakshya Pvt. Iti, Bohra Ji Ka Talab Ke Pass, V.p. Batoda, Tehsil Bamanwas, District Sawai Madhopur (New Address) Through Society Youth Affairs And Human Resource Society, Kota Through Secretary Smt. Vijita Ahuja W/o Ravi Sinha, Aged 30 Years, R/o Gurudwara Road Junction, Kota (Raj)
----Petitioner Versus
1. State Of Rajasthan, Through The Principal Secretary, Technical Education, Government Secretariat, Jaipur- 302005
2. State Of Rajasthan, Through The Principal Secretary, Social Justice And Empowerment, Secretariat Government, Jaipur - 3020057
3. The Director, Directorate Of Technical Education, W-6, Residency Road, Jodhpur (Rajasthan).
4. The Director And Joint Government Secretary, Others Central, Social Justice And Empowerment Department, G- 3/1, Ambedkar Bhawan, Near Civil Line, Railway Crossing, Jaipur.
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5. The Additional Director (Scholarship And Hostel), Social Justice And Empowerment Department, G-3/1, Ambedkar Bhawan, Near Civil Line, Railway Crossing, Jaipur.
----Respondents S.B. Civil Writ Petition No. 4769/2022 R.r. Pvt. Iti, Mahuwa Road, Machedi, Rajgarh, District Alwar Society Mahatama Jyhoti Rao Phule Seva Sansthan, Alwar Through Secretary Smt. Pushpa Devi W/o Sh. Chiranji Lal Saini, Aged 41 Years, R/o Purana Rajgarh, District Alwar (Raj.).
----Petitioner Versus
1. State Of Rajasthan, Through Secretary, Ministry Of Social Justice And Empowerment, G-3/1, Rajmahal Residential Area, Civil Lines Phatak, Jaipur.
2. The Director And Officiating Joint Secretary, Ministry Of Social Justice And Empowerment, G-3/1, Rajmahal Residential Area, Civil Lines Phatak, Jaipur.
3. The Additional Director (Scholarship And Hostel), Ministry Of Social Justice And Empowerment, G-3/1, Rajmahal Residential Area, Civil Lines Phatak, Jaipur.
----Respondents S.B. Civil Writ Petition No. 6039/2022
1. Pooranmal Kuldeep S/o Shri Kajormal Kuldeep, Aged About 27 Years, R/o Village Hanutpura, Tehsil Shahpura, Jaipur.
2. Parvati W/o Shri Kajodmal Gurjar D/o Sardar Singh Gurjar, Aged About 29 Years, R/o Village Roopaheli, Tehsil Malpura, District Tonk, Rajasthan.
----Petitioners Versus
1. The Rajasthan Nursing Council, Jaipur Through Its Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur.
2. The Rajasthan University Of Health Science, Through Its Registrar, Kumbha Marg, Sector-18, Tonk Road, Jaipur.
3. Social Justice And Empowerment Department, Through Its Director, G-3/1, Ambedkar Bhawan, Rajmahal Residency Area, Jaipur.
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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 S.B. Civil Writ Petition No. 18668/2022 Rajasthan School Of Nursing, Gurha Gorji, Jhunjhunu Through Secretary Of Rajasthan Public School Shiksha Samiti, Guda Gaurji, Jhunjhunu Pyare Lal Son Of Shri Harphool Singh, Aged About 48 Years, Resident Of Bajawa Rawatka, Jhunjhunu.
----Petitioner Versus
1. State Of Rajasthan, Through Its Principal Secretary, Medical And Health Department, Government Of Rajasthan, Government Secretariat, Jaipur (Rajasthan).
2. Joint Secretary, Medical And Health Department (Gr-3), Government Of Rajasthan, Government Secretariat, Jaipur (Rajasthan).
3. Rajasthan Nursing Council, Through Its Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur (Rajasthan).
4. Private Physiotherapy, Nursing And Para Medical Institutions Society Having Office Address At Plot No. 273, Subhash Nagar, Pal Road, Jodhpur.
5. Director, Social Justice And Empowerment Department, G-3/1 Ambedkar Bhawan, Rajmahal Residency Area, Jaipur.
----Respondents
For Petitioner(s) : Mr. Vikas Bijarnia.
Mr. Ankur Mathur Mr. DS Sodha Mr. Shreyansh Mardia a/w Ms. Nilasha Singhvi.
Mr. Munesh Bhardwaj.
Mr. Jayram Saran.
Mr. Jaideep Singh Saluja.
For Respondent(s) : Mr. A.K. Gaur, AAG a/w Mr. Salman Agha and Mr. Anupam Gopal Vyas Mr. Manish Vyas, AAG a/w Mr. Kailash Choudhary.
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Ms. Vandana Bhansali, AGC a/w Mr. Gaurav Ranka.
Mr. Manish Tak, Dy. G.C.
Mr. Mahendra Vishnoi for RNC Mr. Sangram Singh for RNC Dr. Mohit Singhvi for RUHS Mr. BS Tanwar Mr. Aidan Choudhary.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
06/10/2023
1. Learned counsel for the parties are in agreement that the controversy involved in these cases are squarely covered by the decision of a coordinate Bench of this Court at Jaipur Bench in a bunch of writ petitions led by S.B. Civil Writ Petition No.11841/2022 (Ganpati Keshyo Rai College of Nursing V/ s The State of Rajasthan & Ors.) and other connected matters decided on 21.10.2022.
2. Learned counsel for the respondents submit that they will check the eligibility of the petitioners' while keeping into consideration the aforementioned judgment.
3. For the self same reasons, the present writ petitions are disposed of in terms of the order passed by the Jaipur Bench of this Court in the case of Ganpati Keshyo Rai College of Nursing (Supra). However, the eligibility of the admission of the students shall be reckoned keeping in view the last date of admission fixed by the respondents and also orders passed by this Court, if applicable.
4. It is made clear that if any grievance remains, the petitioners shall be at liberty to approach this Court again.
5. All pending applications, if any, also stand disposed of.
(DR.PUSHPENDRA SINGH BHATI), J.
322-340-Jitender
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