Allowed

Rohitash Singh and Anr. v. Raj University of Health

Rajasthan HC6 Jan 2014CW/7974/2013

Case brief

AI extract

What is this about?

A batch of writ petitions by B.Sc. Nursing students challenging the University's refusal to accept their forms due to past failures. The Court directed the Respondent to declare results of Parts II, III, and IV within a fortnight if previous parts were cleared, otherwise acting per Ordinance 299.

What did the court decide?

Direction to respondents to declare results of B.Sc. Nursing Part-II, Part-III, and Part-IV within a fortnight, subject to clearance of pending papers as per Ordinance 299.

Rohitash Singh and Anr. Vs Raj University of Health — Education and Admissions | Rajasthan HC (2014)

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CW10313/2013 & Others

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// 1 //

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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ORDER IN

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S.B. Civil Writ Petition No.10313/2013 With Stay Application No.8240/2013

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Biju Lal and Another Vs. Rajasthan University of health Sciences and Another

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S.B. Civil Writ Petition No.7971/2013 With Stay Application No.6339/2013

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Seema Tanwar and Others Vs. Rajasthan University of health Sciences and Another

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S.B. Civil Writ Petition No.7972/2013

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With

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Stay Application No.6340/2013

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Jyoti and Others Vs. Rajasthan University of health Sciences and Another

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S.B. Civil Writ Petition No.7974/2013 With Stay Application No.6342/2013

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Rohitash Singh and Another Vs. Rajasthan University of health Sciences

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S.B. Civil Writ Petition No.8212/2013 With Stay Application No.6516/2013

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Liza M Mathew Vs. Rajasthan University of health Sciences

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S.B. Civil Writ Petition No.8362/2013

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With

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Stay Application No.6628/2013

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Jatin Saini and Others Vs. Rajasthan University of health Sciences and Others

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S.B. Civil Writ Petition No.8370/2013

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With

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Stay Application No.6635/2013

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Chetan Sharma Vs. Rajasthan University of health Sciences and Others

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S.B. Civil Writ Petition No.8372/2013

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With

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Stay Application No.6637/2013

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Ratan Singh Solanki and Others Vs. Rajasthan University of health Sciences and Others

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S.B. Civil Writ Petition No.9069/2013 With

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Stay Application No.7187/2013

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CW10313/2013 & Others

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// 2 //

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Karan Singh Bhati Vs. Rajasthan University of health Sciences

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S.B. Civil Writ Petition No.9294/2013 With Stay Application No.7337/2013

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Akash Kumar Tiwari and Others Vs. Rajasthan University of health Sciences and Another

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S.B. Civil Writ Petition No.9732/2013 With Stay Application No.7716/2013

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Avinash Meena Vs. Rajasthan University of health Sciences and Another

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S.B. Civil Writ Petition No.10167/2013 With Stay Application No.8094/2013

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Jugnu Meena and Others Vs. Rajasthan University of health Sciences and Another

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S.B. Civil Writ Petition No.10171/2013 With Stay Application No.8098/2013

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Dharmendra Shrigi and Others Vs. Rajasthan University of health Sciences and Another

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S.B. Civil Writ Petition No.10172/2013 With Stay Application No.8099/2013

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Karamveer Singh and Others Vs. Rajasthan University of health Sciences and Another

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S.B. Civil Writ Petition No.10173/2013 With Stay Application No.8100/2013

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Shankar Shambhu and Others Vs. Rajasthan University of health Sciences and Another

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S.B. Civil Writ Petition No.10661/2013

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With Stay Application No.8591/2013

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Roshani Patel Vs. Rajasthan University of health Sciences

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S.B. Civil Writ Petition No.10662/2013

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With

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Stay Application No.8592/2013

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Pramod Kumar and Others Vs. Rajasthan University of health Sciences and Another

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S.B. Civil Writ Petition No.21179/2013 With Stay Application No.18192/2013

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CW10313/2013 & Others

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// 3 //

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Harsh Tiwari Vs. Rajasthan University of health Sciences

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S.B. Civil Writ Petition No.21472/2013 With Stay Application No.18453/2013

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Rahul Sharma Vs. Rajasthan University of health Sciences

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S.B. Civil Writ Petition No.21514/2013 With Stay Application No.18483/2013

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Avantika Charan and Others Vs. Rajasthan University of health Sciences

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S.B. Civil Writ Petition No.21382/2013

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Mahesh Kumar and Another Vs. Rajasthan University of health Sciences

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Date of Order ::: 06.01.2014

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Present Hon'ble Mr. Justice Mohammad Rafiq

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Shri Brijesh Bhardwaj, Shri Raj Kumar Kasana, Shri Imran Khan, Shri Rajendra Sharma, Shri Bhuwnesh Sharma, Shri R.B. Sharma, counsel for petitioners Shri Mohammad Akbar Khan for Shri M.A. Khan, counsel for respondents ####

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By the Court :-

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By this order, a bunch of writ petitions is being decided. However, for deciding the matter, the facts are being taken of Writ Petition No.10313/2013.

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All these writ petitions have been filed by petitioners, who are students of B.Sc. (Nursing), seeking direction to the respondents Rajasthan University of health Sciences to permit them to appear in the examination of B.Sc. (Nursing) Part-II, Part-III and Part-IV.

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Prayer made in Writ Petition No.8212/2013, reads thus,

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“i) Issue a writ order or direction in the nature thereof thereby direct the respondent to declare the result of petitioner of B.Sc. (Nursing) Part-II;

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ii) Issue any other writ order or direction, which this Hon'ble Court deems fit and

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CW10313/2013 & Others

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// 4 //

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proper, may kindly be passed in favour of the petitioner; iii) Cost of the writ petition be also awarded in favour of the petitioner.”

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Prayer made in Writ Petition No.10313/2013, reads

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thus,

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“i) By an appropriate writ, order or directions the impugned action of the respondents of not accepting the examination forms of the petitioners and then not permitting them for appearing in the examination of B.Sc. Nursing Part-III, scheduled to be held since 02.07.2013 be quashed and set aside;

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ii) By an appropriate writ, order or directions, in the nature thereof, the respondents may kindly be directed for accepting the examination forms of the petitioners and then permitting them for appearing in the examination of B.Sc. Nursing Part-III, scheduled to be held since 02.07.2013 with all consequential benefits;

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iii) Any other order(s) which this Hon'ble Court deems just and proper in the facts and circumstances of the case may also be passed in favour of the petitioners.”

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Prayer made in Writ Petition No.21472/2013, reads

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thus,

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“1) It is therefore prayed that this prayer may kindly be allowed and by an appropriate order or direction to respondent for result of the petitioners B.Sc. Nursing Part 3^rd & 4^th year (exam was held in the month of July, 2013) may kindly be declared as earlier as possible and cost of the litigation may kindly be awarded to petitioners;

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1. Any other appropriate order or direction which this Hon'ble Court may deem just and proper in the facts of the present case may also be passed in favour of the petitioners”

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Prayer in all other writ petitions is thus identical seeking direction to the respondents to permit the petitioners in examination of B.Sc. Nursing Part-II, PartIII and Part-IV.

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This court vide interim orders passed on different dates directed respondents to provisionally permit the petitioners to appear in the B.Sc. Nursing Part-II, Part-III and Part-IV examination, 2013, however, with observation

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CW10313/2013 & Others

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// 5 //

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that it will be subject to final decision/outcome of the writ petitions.

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According to the petitioners, they appeared in the examinations of B.Sc. (Nursing) Part-I, II or III, but they were declared fail either in one or two papers yet they were permitted to prosecute studies of next higher class and also appeared in the examination, their results thereof were declared but their mark-sheets were not issued. They were permitted to attend the classes in the promoted course of B.Sc. (Nursing) Part-II, Part-III or Part-IV. However, when the examinations were approaching, respondents refused to accept the examination forms of the petitioners and in those circumstances petitioners had to approach this court by filing present writ petitions.

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Shri Mohammad Akbar Khan, brief-holder of Shri M.A. Khan, learned counsel for respondents, has argued that as per the provisions of University Ordinance 299 (V)(B)(C) read with Ordinance 299 (V)(C)(E), it is incumbent upon the students to pass in the papers of all subjects of B.Sc. (Nursing) Part-I, Part-II or Part-III, while pursuing the study course of B.Sc. (Nursing) Part-III or Part-IV. If their paper(s) of B.Sc. (Nursing) Part-I, remained due, they are not entitled to get their result of B.Sc. Nursing PartIII declared. Similarly, if their paper(s) of B.Sc. (Nursing) Part-II, remained due, they are not entitled to get their result of B.Sc. Nursing Part-IV declared. Only on their qualifying in such due papers of B.Sc. (Nursing) Part I, Part-II or Part-III, their result of B.Sc. (Nursing) Part-III or Part-IV can be declared. In other words, what learned counsel for respondents seeks to convey is that the result of the petitioners of B.Sc. (Nursing) Part-III or Part-IV can be declared only if they clear all the due papers of B.Sc. (Nursing) Part-I, Part-II and Part-III.

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Having regard to the limited nature of controversy, the writ petitions are disposed of with following

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CW10313/2013 & Others

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// 6 //

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directions,

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(1) that respondents shall declare result of the petitioners of B.Sc. (Nursing) Part-II within a fortnight, if they have as per Ordinance 299 (V)(3)(C) passed examinations of B.Sc. (Nursing) Part-I. If any of the petitioners is found to have failed in B.Sc. (Nursing) PartI, respondents shall be free to act in accordance with said Ordinance.

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(2) that respondents shall declare result of the petitioners of B.Sc. (Nursing) Part-III within a fortnight, if they have as per Ordinance 299 (V)(3)(C) passed examinations of B.Sc. (Nursing) Part-I and Part-II. If any of the petitioners is found to have failed in B.Sc. (Nursing) Part-I and Part II, the respondents shall be free to act in accordance with said Ordinance.

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(3) that respondents shall declare result of petitioners of B.Sc. (Nursing) Part-IV within a fortnight, if they have as per Ordinance 299 (V)(3)(C) passed examinations of B.Sc. (Nursing) Part-I, Part-II and Part-III. If any of the petitioners is found to have failed in B.Sc. (Nursing) Part-I, Part-II and Part-III, the respondents shall be free to act in accordance with said Ordinance.

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Writ petitions are accordingly allowed. This also disposes of stay applications.

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(Mohammad Rafiq) J.

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//Jaiman//

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All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.

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Giriraj Prasad Jaiman PS-cum-JW

Rohitash Singh and Anr. v. Raj University of Health

Case brief

What is this about?

What did the court decide?

Rohitash Singh and Anr. v. Raj University of Health

Case brief

What is this about?

What did the court decide?

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