Quashed

Rajasthan Para Medical Council v. Jayoti Vidayapeeth Womens University

Rajasthan HC4 Feb 2019SAW/250/2019

Case brief

AI extract

What is this about?

The High Court Bench quashed an interim order dated 7.1.2019 passed by the learned Single Judge which had granted provisional registration to students of a university without deciding the merits of the main writ petition, citing that final-style relief cannot be granted interlocutorily.

What did the court decide?

Impugned order dated 7.1.2019 quashed and set aside; appeal disposed of with direction to decide main petition.

Rajasthan Para Medical Council Vs Jayoti… — Education and Admissions | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Special Appeal Writ No. 250/2019

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Rajasthan Para Medical Council, Through Its Registrar, Jaipur, Rajasthan.

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----Appellant

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Versus

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Jayoti Vidayapeeth Womens University, Through Its Registrar Vedaant Gyan Valley Village Jharna National Highway No. 8 Jaipur, Rajasthan.

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State Of Rajasthan, Through The Secretary Medical And Health Department Jaipur Rajasthan

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----Respondents

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For Appellant(s) : Mr. Bharat Saini For Respondent(s) : Mr. Vinay Mathur

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HON'BLE MR. JUSTICE MOHAMMAD RAFIQ HON'BLE MR. JUSTICE GOVERDHAN BARDHAR

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Order

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04/02/2019

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Having heard learned counsel for the parties and perusing

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the impugned order dated 7.1.2019, we find that the learned Single has by the impugned order granted same relief, which was prayed for by the respondent-writ petitioner in the writ petition. The following is the prayer clause in the writ petition:

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"It is therefore most respectfully prayed that this Hon’ble Court may graciously be pleased call for the record, accept and allow this special appeal (writ) in the interest of justice and be further pleased to quashed and set aside the impugned order dated 07.01.2019 passed by the learned Single Judge."

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(2 of 3)

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[SAW-250/2019]

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The learned Single Judge in the impugned order has passed

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the following order:

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"Upon hearing the learned counsel parties and in view of the fact that the petitioner – University, is, established under the statute and the Decree Courses are the Courses, which have been specifically indicated under ScheduleII to Section 4 of the petitioner – University, incorporated under the Act of 2008; so also in view of the factual matrix aforesaid and in view of the law declared by the Apex Court of the land in the case of Dr. B.L. Asawa v. State of Rajasthan & Ors.: AIR 1982 SC 933; I am inclined to grant interim prayer of the petitioner – University, directing the respondent – Rajasthan Para Medical Council to allow registration to the students of the petitioner – University provisionally, which shall remain subject to the norms, those may be framed in accordance with law.

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In the meanwhile and till the next date, effect and operation of the impugned orders dated 3rd May, 2017 and 2^nd June, 2017 (Annexure-3 and 5), shall also remain stayed"

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The effect of the aforesaid order is the same, which would have been if the main writ petition itself would have been allowed. It is trite that a relief, which is in the nature of final relief, cannot be granted at the interlocutory stage when the main writ petition is yet to be decided.

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At this stage, learned counsel for the parties inform that the main matter itself is listed before the learned Single Judge on 6.2.2019.

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(3 of 3) [SAW-250/2019]

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While therefore we are inclined to set aside the impugned judgment, we request the learned Single Judge to decide the main petition. This would in no way be taken to reflect on the merits of the case either way. The learned Single Judge would be entitled to take any view of the matter, which he is inclined on being persuaded by the parties.

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The impugned order dated 7.1.2019 is quashed and set aside

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and the appeal is accordingly disposed of.

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(GOVERDHAN BARDHAR),J

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(MOHAMMAD RAFIQ),J

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RS/Dheeraj/106

Rajasthan Para Medical Council v. Jayoti Vidayapeeth Womens University

Case brief

What is this about?

What did the court decide?

Rajasthan Para Medical Council v. Jayoti Vidayapeeth Womens University

Case brief

What is this about?

What did the court decide?

What the court decided

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