Doon Institute Of Medical Sciences vs State Of Uttarakhand & Others
2024 Latest Caselaw 1084 UK

Uttarakhand High Court

Doon Institute Of Medical Sciences vs State Of Uttarakhand & Others on 5 June, 2024

   IN THE HIGH COURT OF UTTARAKHAND
               AT NAINITAL

         HON'BLE THE CHIEF JUSTICE MS. RITU BAHRI
                             AND
            HON'BLE MR. JUSTICE RAKESH THAPLIYAL


              SPECIAL APPEAL NO. 168 OF 2024


                       05TH JUNE, 2024


Doon Institute of Medical Sciences   ......      Appellant


Versus


State of Uttarakhand & others        ......      Respondents

                           WITH

              SPECIAL APPEAL NO. 169 OF 2024



Uttaranchal P.G. College of Bio-
Medical Science and Hospital         ......      Appellant


Versus


State of Uttarakhand & others        ......      Respondents

                           WITH

              SPECIAL APPEAL NO. 172 OF 2024



Gurunanak College of Nursing         ......      Appellant


Versus


State of Uttarakhand & others        ......      Respondents

                           WITH

              SPECIAL APPEAL NO. 157 OF 2024
                                  2




Pithoragarh College of Nursing               ......            Appellant


Versus


State of Uttarakhand & others               ......             Respondents



Counsel for the appellant        :   Mr.   Sanpreet    Singh    Ajmani,
                                     learned counsel

Counsel for the respondents      :   Mr. C.S. Rawat, learned Chief
                                     Standing Counsel assisted by Mr.
                                     Gajendra Tripathi, learned counsel
                                     for the State / respondent Nos. 1
                                     and 2

                                 :   Mr. N.S. Pundir, learned counsel
                                     for respondent No. 5

                                 :   Mr. Tarun Pande, learned counsel
                                     for respondent No. 6



The Court made the following:


JUDGMENT:

(per Hon'ble The Chief Justice Ms. Ritu Bahri)

After hearing counsel for the parties, all the

above Special Appeals are being disposed of keeping in view

the fact that the main writ petition is listed before the

learned Single Judge on 18.06.2024. However, since the

students studying in the appellant-Institutes namely, Doon

Institute of Medical Sciences, Uttaranchal P.G. College of

Biomedical Science & Hospital, and Gurunanak College of

Nursing were admitted on 30.11.2023, i.e. the last date of

admission; and in respect of one college, i.e. Pithoragarh

College of Nursing, the students were admitted on the date

when the essentiality certificate has been issued, the

grievance of the appellant-Institutes is that the main writ

petition is fixed for hearing on 18.06.2024, and they will

suffer badly if the students are not allowed to participate in

the examination.

2) Keeping in view the above fact, all these special

appeals are disposed of. The students studying in the

appellant-Institutes can appear in the examination

provisionally. All the pleas will be taken by the counsel for

the appellants, as well as counsel for the respondents before

the learned Single Bench on 18.06.2024. The respondents

are also directed to follow the guidelines framed by the

Indian Nursing Council.

3) Let copy of this order be supplied to counsel for

the parties today itself as per rules.

4) Consequently, all pending applications in these

appeals also stands disposed of.

_______________ RITU BAHRI, C.J.

________________ RAKESH THAPLIYAL, J.

       TH
Dt: 05      JUNE, 2024
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