Rajasthan High Court - Jodhpur
Adhiraj Singh Chouhan vs The State Of Rajasthan ... on 15 February, 2024
Author: Nupur Bhati
Bench: Nupur Bhati
[2024:RJ-JD:8059]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 7097/2023
1. Adhiraj Singh Chouhan S/o Shri Jaypal Singh Chouhan,
Aged About 19 Years, R/o Small Water Tank, Chandriya,
District Chittorgarh (Raj.)
2. Ajay Meena S/o Shri Magan Lal Meena, Aged About 22
Years, R/o Shahid Bhagat Singh Nagar, Kacchi Basti,
Udaipur (Raj.)
3. Aman Sharma S/o Shri Durga Shanker Sharma, Aged
About 19 Years, R/o Patoliya, Kapasan, Chittorgarh (Raj.)
4. Anita Damor D/o Shri Kamla Krishna Damor, Aged About
23 Years, R/o Ward No 11, Bijor Padoli Gordhan, Tehsil-
Ghatole, District Banswara (Raj.)
5. Anjana Meena D/o Shri Ganesh Lal, Aged About 19 Years,
R/o Village Shyampura Jhadol, Tehsil Sarada, District
Udaipur.
6. Ankit Prajapat S/o Shri Mangilal Prajapat, Aged About 21
Years, R/o Ward No. 22, Kumarwada, Ghatole, Banswara
(Raj.)
7. Arjun Janwa S/o Shri Ramkishan Janwa, Aged About 19
Years, R/o 16/741, Ganesh Nagar, Pahada, District
Udaipur (Raj.)
8. Ashok Ninama S/o Shri Elam Ninama, Aged About 19
Years, R/o Village Danakshi, Tehsil-Chotti Sarwan, District
Banswara (Raj.)
9. Azmudin S/o Shri Bhawaru Khan, Aged About 20 Years,
R/o Rajpurohit Chatrawas Ke Pass, Ahore, District Jalore
(Raj.)
10. Bankimchnadra S/o Shri Narayan, Aged About 20 Years,
R/o Ward No.2, Udaypurabada, Tehsil - Anandpuri,
District Banswara (Raj.)
11. Bharti Kumari Pandiya D/o Shri Bhawani Shankar
Pandiya, Aged About 27 Years, R/o Village Dayli, Tehsil
Sarada, Udaipur (Raj.)
12. Bhavesh Vaishnav S/o Shri Sitaram Vaishnav, Aged About
19 Years, R/o Partap Colony, Masjid Ke Piche, Chanderiya,
Chittorgarh (Raj.)
13. Deepak Ninama S/o Shri Vishram Ninama, Aged About 19
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Years, R/o Village Katiyor, Post Mahidam, Tehsil And
District Banswara (Raj.)
14. Lalit Kumar Garasiya S/o Shri Vishram Singh Garasiya,
Aged About 20 Years, R/o Gamaniya Moti, Dhalar,
Banswara (Raj.)
15. Mahesh Vishnoi S/o Shri Ram Gopal Vishnoi, Aged About
19 Years, R/o Ward No. 2, Bajrangpura, Village Pur, Dist.
Bhilwara.
16. Manisha Haldar S/o Shri Mahanand Haldar, Aged About 20
Years, R/o Village-Bagidora, Dist- Banswara (Raj.)
17. Manisha Kumari Bhabhor D/o Shri Mohan Lal Bhabhor,
Aged About 20 Years, R/o Vill-Kalipan, Malwas, P-Sagrod,
Dist-Banswara.
18. Mayank Dindor S/o Shri Suresh Chandra Dindor, Aged
About 21 Years, R/o Akhepur, Kushalgarh, Dist- Banswara
(Raj.)
19. Mohammed Amaan Mansuri S/o Azad Hussain Mansuri,
Aged About 20 Years, R/o 272, Sajjan Nagar, B-Block, 80
Feet Road, Mallatalai, Udaipur (Raj.)
20. Mohmmad Arman S/o Mehboob Khan, Aged About 18
Years, R/o Mpo Narlai, Tehsil-Desuri, Dist- Pali (Raj.)
21. Mohmmad Sajeb Baloch S/o Bayan Khan Baloch, Aged
About 18 Years, R/o Musalman Vas, Krishnganj, Sirohi
(Raj.)
22. Muddasar Khan S/o Aslam Khan, Aged About 22 Years, R/
o Mpo-Narlai, Tehsil-Desuri, Dist-Pali (Raj.)
23. Narbada Meghwal D/o Shri Lachhi Ram, Aged About 27
Years, R/o 57, Meghwal Mohalla Gadwada Bhimal, Tehsil
Mavli, Udaipur.
24. Prateek Vyas S/o Shri Rakesh Vyas, Aged About 19 Years,
R/o Brahmpuri, Kanore, Dist- Udaipur (Raj.)
25. Premlata Nagda D/o Shri Mangi Lal Nagda, Aged About 26
Years, R/o 07, Parshav Colony, Road No. 2, Santosh
Nagar, Gariyawas, Udaipur (Raj.)
26. Pushkar Jat S/o Shri Sohan Lal, Aged About 19 Years, R/o
Vill-Damakhera, Tehsil-Kapasan, District Chittorgarh
(Raj.)
27. Rahul Kumar Regar S/o Shri Prakash Chandra, Aged
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About 20 Years, R/o Regar Mohalla, Kankarwa,
Chittorgarh (Raj.)
28. Rajaram Laxkar S/o Shri Suresh Laxkar, Aged About 20
Years, R/o Jawahar Nagar, Akola, Chittorgarh (Raj.)
29. Rakesh Kumar Meena S/o Shri Mohan Lal, Aged About 18
Years, R/o Aakhiya Vas, Badgaon, Sirohi (Raj.)
30. Ram Awatar Gurjar S/o Shri Suraj Karan Gurjar, Aged
About 21 Years, R/o Gujaro Ka Mohalla, Devliyan Patti
Gujran, Teelanju, Tonk (Raj.)
31. Ramila Kumari Meena S/o Shri Dhanraj Meena, Aged
About 24 Years, R/o House No. 3/310, Rbh Colony, Sec-
14, Udaipur (Raj.)
32. Salonee Mehata D/o Shri Kailashji Mehata, Aged About 18
Years, R/o Kapurawato Ka Bada, Adkaliya, Salumber,
Udaipur (Raj.)
33. Seeta Ram Sharma S/o Shri Prakash Chandra Sharma,
Aged About 21 Years, R/o Vill-Hingwaniya, Post- Akola,
Teh- Bhopalsagar, District Chittorgarh (Raj.)
34. Sheetal Chhanwal S/o Mohan Lal Chhanwal, Aged About
31 Years, R/o H.n. 247, Uit Colony, Pratap Nagar, Udaipur
(Raj.)
35. Suresh Garasiya S/o Shri Magu Garasiya, Aged About 20
Years, R/o V.p.o. Dhalar, Tehsil Gangadtalai,
Banswara(Raj.)
36. Tahir Hussain Silawat S/o Mohammad Rafik Silawat, Aged
About 20 Years, R/o Village Ladnu, District Nagore (Raj.)
37. Vikas Katara S/o Shri Nanka Katara, Aged About 22
Years, R/o Puniyakhedi, Phephar, Chotisarvan, Banswara
(Raj.) - 327001
38. Vikas Labana S/o Shri Javer Chand, Aged About 19 Years,
R/o Kherwara, Adiwali, Udaipur (Raj.)
----Petitioners
Versus
1. The State Of Rajasthan, Through Its Principal Secretary,
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.
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3. Geetanjali School Of Nursing, Geetanjali 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 Petitioner(s) : Mr. Rajat Dave
For Respondent(s) : Mr. Akhilesh Rajpurohit
Mr. Sangram Singh
HON'BLE DR. JUSTICE NUPUR BHATI
Judgment
15/02/2024
1. The instant writ petition has been preferred by the
petitioners under Article 226 of the Constitution of India claiming
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-2023 and allow the petitioners to participate in the
said examination scheduled to be held from May/June,
2023 and further to pursue their GNM course with all
consequential directions;
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 29.05.2023, directed the
respondents to accept the examination forms of the petitioners-
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students for General Nursing and Midwifery (hereinafter "GNM")
1st Year Course, 2023 and to allow them to provisionally
participate in the examination scheduled for the same.
3. 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.
4. Furthermore, vide order dated 06.11.2023, the respondents
were directed to declare the results of the student-petitioners for
the GNM Ist Year Examination, 2023.
5. 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
dated28.02.2007. 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
dated20.10.2008 granted the respondent no. 3-college, the
approval for the admission of 60 students only in the GNM Course.
6. 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 permitting the institution to continue
functioning with its intake of 100 students.
7. 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
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permission for affiliation for 100 seats. And that vide amended
order dated 20.10.2022 the Rajasthan Nursing Council issued
affiliation/recognition for intake of 100 seats for the academic
sessions 2022-2023 as well.
8. 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 whereby the seats were
increased from 60 to 100 for the respondent no.3-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 Course, with
the respondent no.3-college.
9. Heard learned counsel for the parties, as well as perused the
record of the case.
10. 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 06.11.2023,
this Court directed the respondents to declare the results of the
student-petitioners for the GNM Ist Year Examination, 2023.
11. 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.
12. 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,
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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 29.05.2023 and 06.11.2023 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-petitioners to continue with
their GNM Course, and to also permit them to appear in the GNM
Course Examination, as and when held, and to declare the results
of the student- petitioners for the same, accordingly.
13. With the aforesaid directions, the present writ petition stands
disposed of. Accordingly, all pending applications also stand
disposed of.
14. No order as to costs.
(DR. NUPUR BHATI),J
131-/Devesh Thanvi/-
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