Disposed

Basanti Devi v. the State of Rajasthan

Rajasthan HC16 Aug 2023CW/13396/2020

Case brief

AI extract

What is this about?

The High Court directed petitioners to apply for study leave from the competent authority, supplying the judgment in Himmat Singh. The petitioners were permitted admission only under the In Service Candidate category during the pendency of the petition.

What did the court decide?

Petitioners directed to apply for study leave within four weeks; competent authority to decide within eight weeks; stay application disposed.

Basanti Devi Vs the State of Rajasthan — Education and Admissions | Rajasthan HC (2023)

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[2023:RJ-JD:25755]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 13396/2020

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Basanti Devi D/o Shri Kundan Lal, Aged About 39 Years, Resident Of H-117, Uit Colony, Pratap Nagar, Jodhpur (Raj.).

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Kusum D/o Shri Amar Chand, Aged About 37 Years, Resident Of K-411, Street No. 13, Shiv Basti, Baldev Nagar, Masuriya, Jodhpur (Raj.).

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----Petitioners

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Versus

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The State Of Rajasthan, Through Its Additional Chief Secretary, Department Of Medical And Health Services, Rajasthan, Jaipur.

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The Director (Non-Gazetted), Medical And Health Services, Rajasthan, Health Bhawan, Jaipur.

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Chief Medical And Health Officer, Jodhpur.

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Rajasthan Private Nursing Schoold Federation, Through Its Secretary/president, Office Of E-277, Lal Kothi Yojna, Behind Vidhan Sabha, Jaipur (Raj.).

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----Respondents

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For Petitioner(s)	: Mr.	Yash Pal Khileree
For Respondent(s)	: Mr.	Gaurav Ranka for
	Ms.	Vandana Bhansali

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JUSTICE DINESH MEHTA

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Order

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16/08/2023

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The petitioners had approached this Court with an apprehension that the respondents will not permit them to take admission in GNM Course 2020-2021.

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Mr Khileree, learned counsel for the petitioners, at the outset, submitted that during the pendency of the writ petition, the petitioners have been given admission in the course under the category of ‘In Service Candidate’.

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He, however, submitted that petitioners’ prayer for grant of study leave as mentioned in prayer clause No.(d) still remains to be considered by the respondents.

(2 of 2)

[2023:RJ-JD:25755]

[CW-13396/2020]

In support of his contention that the petitioners are entitled for study leave, learned counsel for the petitioners invited Court’s attention to Rule 110 of Rajasthan Service Rules, 1951 so also the judgment dated 30.11.2022 passed by this Court in the case of

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Himmat Singh & Ors. Vs. State of Rajasthan & Ors. : S. B. Civil Writ Petition No.17843/2015.

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The present writ petition is disposed of with a direction to the petitioners to apply for grant of study leave before the competent authority by way of filing a representation along with photocopy of the judgment in the case of Himmat Singh (supra) and a certified copy of the order instant.

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In case, the representation is addressed within a period of four weeks, the competent authority shall consider the same in accordance with law preferably within a period of eight weeks of receiving the same.

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If the order passed by the competent authority in relation to the petitioners’ claim for study leave is prejudicial to their rights, they shall be free to take appropriate legal remedies, including filing of a fresh petition.

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The stay application also stands disposed of accordingly.

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(DINESH MEHTA),J

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71-akansha/-

Basanti Devi v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Basanti Devi v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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