Rajasthan High Court - Jodhpur
Abhishek vs Union Of India (2025:Rj-Jd:51118) on 26 November, 2025
Author: Nupur Bhati
Bench: Nupur Bhati
[2025:RJ-JD:51118]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 7870/2025
Abhishek S/o Shri Ram Prakash, Aged About 25 Years, Resident
of Village Biral, P.S. Khedapa, Tehsil Bhopalgarh, District Jodhpur
(Raj.).
----Petitioner
Versus
1. Union of India, Through Secretary, Ministry of Public Health
And Family Welfare, Government of India, New Delhi -
110001
2. Secretary, Indian Nursing Council, 8th Floor, NBCC Center,
Plot No.2, Community Center, Okhla Phase-I, New Delhi -
110020
3. Registrar, Rajasthan University of Health Science, Sector 18,
Kumbha Marg Pratap Nagar, Jaipur - 302033
4. Principal, Government College of Nursing Rajasthan, J.L.N.
Marg, Sawai Mansingh Hospital, Near Charak Bhawan, Jaipur
(Raj.).
----Respondents
For Petitioner(s) : Mr. C.R. Choudhary
For Respondent(s) : Mr. Sher Singh Rathore for
Mr. N.S. Rajpurohit, AAG
Mr. M.M. Dhera for
Mr. Abhinav Jain
Mr. Yashpal Khileree for Resp. No.2
HON'BLE DR. JUSTICE NUPUR BHATI
Order
26/11/2025
1. This writ petition has been filed by the petitioner under
Article 226 of the Constitution of India, seeking following reliefs:
"It is, therefore, most humbly and respectfully prayed
that the writ petition filed by the petitioner may kindly
be accepted and allowed and impugned office order
dated 01/04/2025 (Annexure-5) passed by respondent
No. 4 Principal, Government College of Nursing
Rajasthan, Jaipur may kindly be quashed and set-aside
and respondents No. 3 & 4 may be directed to declare
the result of Third Semester of B.Sc. Nursing and they
(Uploaded on 26/11/2025 at 05:58:00 PM)
[2025:RJ-JD:51118] (2 of 5) [CW-7870/2025]
may further be directed to allow the petitioner to attend
the regular classes of B.Sc. Fourth Semester to
complete the course of B.Sc. Nursing in respondent No.
4 college and after conduct of subsequent examinations
his results may be declared accordingly and same may
not be withheld. Any other order which is in favour of
the petitioner may kindly be passed in the interest of
justice."
2. Brief facts of the case are that the petitioner has passed
Secondary and Sr. Secondary Examination in the year 2017 and
2019 respectively (Annex.1 respectively) and thereafter he has
applied for B.Sc. Nursing and he was allotted respondent No.3-
college i.e. Government College of Nursing Rajasthan as a regular
student, Jaipur vide Identity card (Annex.2) of petitioner and
petitioner being a regular student has joined the course of Nursing
and passed First and Second Semesters and promoted to Third
Semester.
2.1. During Second Sem. course, F.I.R. No.261/2024 (Annex.3)
was registered at PS. Malviya Nagar, District South Delhi against
petitioner and co-accused Deepanshu Choudhary for the offences
u/s 419, 468, 471, 120-B I.P.C. mentioning therein that the
petitioner has appeared as a fake candidate in place of co-accused
Deepanshu Choudhary for the NEET Examination conducted on
dated 05.05.2024 at exam centre Sarvodaya (Co-Ed) MMTC/STC,
Begumpur, New Delhi.
2.2. Meanwhile the investigation of above case, the petitioner
arrested and he was released on bail and during the pendency of
above criminal case against the petitioner, his course of Third
Sem. has been completed and thereafter he has appeared for the
examinations of all subjects vide Provisional Admission Card
(Uploaded on 26/11/2025 at 05:58:00 PM)
[2025:RJ-JD:51118] (3 of 5) [CW-7870/2025]
(Student Copy) of B.Sc. Nursing III Semester (Main) Exam. Jan.-
2025 (Annex.4) of the petitioner.
2.3. It is stated that the investigation / trial of the criminal case
pending against the petitioner in pursuance of F.I.R. No. 261/2024
is still pending, however, respondent No.4-Principal, Government
College of Nursing, Rajasthan, Jaipur has passed office order
dated 01.04.2025 (Annex.5) suspending the petitioner with
immediate effect due to malpractices and enquiry contemplated
against the petitioner. Thus, being aggrieved and dissatisfied with
the impugned office order dated 01.04.2025 (Annex.5), the
petitioner prefers the instant writ petition before this Court under
Article 226 of Constitution of India.
3. Learned counsel for the petitioner submits that the petitioner
was placed under suspension vide order dated 01.04.2025
(Annex.-5) issued by the respondent No.4-Principal, Government
College of Nursing, Rajasthan, Jaipur on the ground that
investigation / trial of the criminal case is pending against the
petitioner in pursuance of FIR No.261/2024. He submits that the
petitioner is pursuing the B.Sc Nursing Course. He submits that
the co-ordinate Bench of this Court on 27.05.2025 granted an
interim order to the petitioner while staying the effect and
operation of the order dated 01.04.2025 by which the petitioner
was suspended and however, the respondents were directed to
allow the petitioner to attend the classes. Thereafter, vide order
dated 16.07.2025, the co-ordinate Bench of this Court had
directed the respondent-University to declare the petitioner's
result of the 3rd semester examination and the university was also
given direction to accept the petitioner's offline examination
(Uploaded on 26/11/2025 at 05:58:00 PM)
[2025:RJ-JD:51118] (4 of 5) [CW-7870/2025]
form(s) along with the late fee payable. Counsel for the petitioner
further submits that in compliance of the interim orders granted
by the co-ordinate Bench of this Court, the petitioner has
appeared in the examinations and has also appeared in the 4 th
semester examination and the results has not been declared by
the respondent and the petitioner shall suffer irreparable loss, if
the result is not declared as the petitioner shall not be able to
attend the examination for the 5th semester. He also submits that
the issue involved in the present case is squarely covered by the
judgment dated 23.05.2025 passed by the co-ordinate Bench of
this Court in the case of "Vikas Vishnoi Vs. Contoller of
Examinations & Ors." and other connected writ petitions.
4. Counsel representing the respondents is not in a position to
refute the submission made by counsel for the petitioner.
5. In view of the submissions made by counsel for the parties
that the issue in hand is squarely covered by judgment dated
23.05.2025 passed by the co-ordinate Bench of this Court in the
case of "Vikas Vishnoi Vs. Contoller of Examinations & Ors." and
other connected writ petitions, the present writ petition is allowed
in the same terms as in the case of "Vikas Vishnoi (supra).
6. The suspension order dated 01.04.2025 (Annexure-5) is
quashed and set aside and suspension shall naturally be treated
quashed from the date of the order instant.
7. The respondent-college(s) shall forthwith allow petitioner to
attend classes. In case, petitioner fulfill the requisite attendance
criteria, he shall be allowed to appear in the ensuing examination
in accordance with law.
(Uploaded on 26/11/2025 at 05:58:00 PM)
[2025:RJ-JD:51118] (5 of 5) [CW-7870/2025]
8. The petitioner shall be allowed to complete his course, but
the respondents shall neither issue him degree, nor shall he be
registered, unless the trial is concluded and he is acquitted of the
charges.
9. In case, the petitioner is held guilty in the trial, the NMC
shall be free to take appropriate decision in accordance with law,
which may include even cancellation of his admission in the
medical course.
10. Needless to observe that in case, the petitioner is acquitted,
then obviously, he shall be issued degree(s) as soon as his is
acquitted.
11. Stay application as well as all other pending application(s), if
any, also stand disposed of, accordingly.
(DR. NUPUR BHATI),J
207-Arjun/-
(Uploaded on 26/11/2025 at 05:58:00 PM)
Powered by TCPDF (www.tcpdf.org)
