Citation : 2026 Latest Caselaw 5448 Raj
Judgement Date : 9 April, 2026
[2026:RJ-JD:16711]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 5261/2026
Nilendra Singh S/o Devendra Singh, Aged About 21 Years,
Resident Of City Kotwali Ke Piche, District Bikaner, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through Its Principal Secretary,
Medical And Health Department, Government Secretariat,
Jaipur, Rajasthan.
2. Rajasthan University Of Health Sciences (Ruhs), Through
Its Registrar, Kumbha Marg, Sector-18, Pratap Nagar,
Jaipur, Rajasthan.
3. Vice-Chancellor, Rajasthan University Of Health Sciences
(Ruhs), Kumbha Marg, Sector-18, Pratap Nagar, Jaipur,
Rajasthan.
4. Joint Secretary (Medical And Health Group-3), Medical
And Health Department, Government Of Rajasthan,
Secretariat, Jaipur, Rajasthan.
5. Indian Nursing Council (Inc), Through Its Secretary, 8Th
Floor, Nbcc Centre, Okhla Phase-I, New Delhi - 110020.
6. Rajasthan Nursing Council (Rnc), Through Its Registrar,
Jaipur, Rajasthan.
7. Rajiv Nursing School Society (Bikaner College Of B.sc.
Nursing), Through Its Chairman / Authorized Signatory,
Bikaner, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Manish Dadhich
For Respondent(s) : Mr. Narpat Singh Deora for
Mr. N.S. Rajpurohit
Mr. Mahendra Vishnoi
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
09/04/2026
1. In the instant writ petition, petitioner made following
prayer:-
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to:
a) Issue an appropriate writ, order or direction directing the respondents to forthwith declare the result of the
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petitioner of B.Sc. Nursing Semester-IlI (Main Examination) July-2025;
b) Issue an appropriate writ, order or direction directing the respondents to permit the petitioner to fill and submit the examination form for B.Sc. Nursing Semester-IV (Main Examination) and to allow him to appear in the said examination;
c) Issue an appropriate writ, order or direction directing the respondents to permit the petitioner to continue his academic progression and to allow him to apply for and appear in B.Sc. Nursing Semester-V (Main Examination) as and when scheduled;
d) In the alternative, direct the respondents to transfer/migrate the petitioner to a nearby college duly recognized and approved by the Indian Nursing Council (INC) and/or affiliated/recognized by the Rajasthan Nursing Council (RNC), with protection of his academic year and continuity of studies;
e) Declare that the petitioner shall not be made to suffer on account of any alleged regulatory deficiency or dispute between the respondents and the institution, the petitioner having been admitted through a centralized counselling process conducted by the competent authority;
f) Pass any other appropriate order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the present case;
g) Award costs of the writ petition in favour of the petitioner."
2. Counsel appearing for both parties, submit that the issue
involved in the present writ petition, is substantially similar to that
of involved in SB Civil Writ Petition No.5399/2026: Ravindra
Kumar Beniwal & Ors. Vs. State of Rajasthan & Ors., which
has been decided by the Coordinate Bench, vide order dated
19.03.2026. Hence, it has been prayed to decide the present writ
petition in terms of the order dated 19.03.2026.
3. For ready reference, final order dated 19.03.2026 is being
reproduced hereunder:-
"1. Learned counsel for the petitioners-students submits that in pursuance of the interim order dated 25.01.2024 passed by this Court in SB Civil Writ Petition No.19290/2023 : Rajiv Nursing School Soceity Vs. State of Rajasthan & Ors.,admission has been granted to the petitioners in B.Sc. (Nursing) Course.
2. Learned counsel also submits that the petitioners have already appeared in exams upto Third Semester and undergone studies of
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Fourth Semester and requested for direction for completion of their studies in B.Sc. (Nursing) Course.
3. Learned counsel for the respondent-State submits that NOC of the respondent No.5-College has already been rejected and, therefore, the petitioners cannot be allowed to continue their studies in the respondent-Institute.
4. In this background, this Court vide order dated 17.02.2026 directed the learned counsel for the respondent-University toinform the availability of vacant seat of B.Sc. Nursing Course so asto transfer the petitioners in some other college.
5. Today, learned counsel representing the respondent-University has provided the list of vacant seat position in B.Sc. Nursing-2023- 2024 Batch and submits that as much as 138 seatsare still lying vacant.
6. Looking to the fact that petitioners have already undergone the studies upto Third and Fourth Semesters and to safeguard their future prospects, this Court deems it appropriate to dispose of the writ petition, while granting liberty to the petitioners to file a representation within a period of 10 days to the respondent- University requesting to transfer them to any other college having the vacant seats of B.Sc. Nursing-2023-2024 Batch.
7. In case, any representation is filed, the respondent-University shall first declare the result of petitioners of Third Semester of B.Sc. Nursing Course and also the respondent-University shall consider and decide the request for transfer of petitioners to any other college within a period of 15 days thereafter, while taking into account the fact that petitioners have already completed Third Semester and studies/classes of Fourth Semester.
8. Stay application and all pending application(s) are also disposed of.
4. In view of the above, the instant writ petition is disposed of
in terms of the order dated 19.03.2026 (supra).
5. Stay application and pending application(s), if any, stand
disposed of.
(SUDESH BANSAL),J Sachin Sharma/ 104
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