Allowed

Ronak Serawat S/O Ramkishor Serawat v. State of Rajasthan

Rajasthan HC2 Feb 2023CW/19546/2022

Case brief

AI extract

What is this about?

The High Court allowed writ petitions against the State of Rajasthan's order reducing the private nursing federation's admission quota from 50% to 25%. The court held the reduction arbitrary and illegal as no opportunity of hearing was given and the admission process was already concluded.

What did the court decide?

The order dated 06.12.2022 reducing the quota is set aside; respondents are at liberty to pass a fresh order in accordance with law.

Ronak Serawat S/O Ramkishor Serawat Vs State of… — Education and Admissions | Rajasthan HC (2023)

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[2023/RJJP/001361]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 19083/2022

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Rajasthan Private Nursing Schools And Colleges Federation, Through Its Authorised Representative Mr. Jai Narayan Meena E- 277, Behind New Vidhan Sabha, Lal Kothi Yojana, Jaipur-302015.

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----Petitioner

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Versus

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

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----Respondent

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Connected with

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S.B. Civil Writ Petition No. 697/2023

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Eshika D/o William Vipin Singh, Aged About 20 Years, Permanent Resident Of 79, Domes Compound, Jaipur Road, Ajmer (Raj.) At Present Studying In G.n.m. Course Of 1St Year In St. Francis Hospital And College Of Nursing, Ajmer.

¶12

Sanjana Khokher D/o Mukesh Khoker, Aged About 19 Years, R/o Gas Godam Kaliyana Pura Road, Ajmer (Raj.), At Present Studying In G.n.m. Course Of 1St Year In St. Francis Hospital And College Of Nursing, Ajmer.

¶13

Lubna Luiza Mathias D/o Benjamin Mathias, Aged About 19 Years, R/o Krishna Gopal Kalera, Ayurvedic Company, Parbatpura, Ajmer, At Present Studying In G.n.m. Course Of 1St Year In St. Francis Hospital And College Of Nursing, Ajmer.

¶14

Gunjan Khatumra D/o Bharat Kumar Khatumra, Aged About 19 Years, R/o 25/28, Balupura Road, Holy Family Hospital, Udaiganj, Ajmer (Raj.), At Present Studying In G.n.m. Course Of 1St Year In St. Francis Hospital And College Of Nursing, Ajmer.

¶15

Divya Nimel D/o Mukesh Nimel, Aged About 19 Years, R/o Shiv Puri, Bhopo Ka Bara, Ajmer (Raj.), At Present Studying In G.n.m. Course Of 1St Year In St. Francis Hospital And College Of Nursing, Ajmer.

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Aaradhana Uday D/o Rajkumar Uday, Aged About 17 Years, At Present Studying In G.n.m. Course Of 1St Year

(2 of 8)

[2023/RJJP/001361]

[CW-19083/2022]

In St. Francis Hospital And College Of Nursing, Ajmer, Minor, Through Her Natural Guardian Father Rajkumar Uday S/o Hemraj, R/o Prem Nagar, Ward No. 2, Kishangarh, Ajmer.

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----Petitioners

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Versus

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State Of Rajasthan, Department Of Medical And Health (Group-3), Secretariat, Jaipur, Through Its Secretary.

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Private Physio Therapy Nursing And Para-Medical Institutions Society, Head Office Sangam Hotel, 17, Motilal Atal Road, Jaipur Through Its Secretary.

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----Respondents

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S.B. Civil Writ Petition No. 19546/2022

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Ronak Serawat S/o Ramkishor Serawat, Address - Goruvali Dani Bhopawas, Chomu, Jaipur-303807.

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Manish Samota S/o Charan Singh, Address - Sanota Ka Bas, Raisinghpura, Khandela, Sikar.

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Ajo Chacko P Jose S/o Jose Chacko, Address - Radha Vihari Mandir K Pass, Durga Colony, Dholpur.

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Ajay Kumar Bairwa S/o Tejram Bairwa, Address - Makathot Ka Pura, Todabhim, Karauli.

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Dileep Singh Gurjar S/o Kuldeep Singh Gurjar, Address - Ward No. 3, Village Kunder Th. Uniyara, Tonk.

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Nahar Singh S/o Kailash Chand Meena, Address - 93, Mandir Thakurji, Nantodi, Udgav Bonli.

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Pankaj Sharma S/o Ramkishor Sharma, Address - Indrpuri, Khera, Ramniwas, Chaksu, Jaipur.

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Surendra Disaniya S/o Sita Ram Disaniya, Address - Village Gkuchywas, Post - Bassinaga, Kalwar, Jaipur303706

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Rohit Kumar S/o Sh. Chotu Lal Kumhar, Address - 27, Saran Tiraha K Paas, Kailashpuri Colony, Bassi, Jaipur303301

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Amit S/o Sh. Satyapal, Address - Tajpur, Vair, Bharatpur - 321408.

----Petitioners

Versus

(3 of 8)

[2023/RJJP/001361]

[CW-19083/2022]

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

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Rajasthan Private Nursing Schools And Colleges Federation, Through Its Secretary, E-277, Behind New Vidhan Sabha, Lal Kothi, Yojana, Jaipur-302015.

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----Respondents

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S.B. Civil Writ Petition No. 698/2023

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Anu Joseph D/o P.j. Joseph, Aged About 22 Years, Permanent Resident Of Shanti Nagar, Shiv Path, Plot No. 42-A, Samrat-1, Niwaru Road, Jothwara, Jaipur-302012 (Raj.) At Present Studying In B.sc. Nursing Course Of 1St Year In St. Francis Hospital And College Of Nursing, Ajmer.

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Ritika Bhati D/o Kanhaiya Lal Bhati, Aged About 20 Years, Permanent Resident Of Pawan Sut Colony, Jaipur Road, Ajmer- 305001 (Raj.) At Present Studying In B.sc. Nursing Course Of 1St Year In St. Francis Hospital And College Of Nursing, Ajmer.

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Aradhana D/o Amar Masih, Aged About 19 Years, Permanent Resident Of Joseph Nagar, Gaganpur, Rampur, Uttar Pradesh- 244921, At Present Studying In B.sc. Nursing Course Of 1St Year In St. Francis Hospital And College Of Nursing, Ajmer.

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Riya B John D/o Biju John, Aged About 19 Years, Permanent Resident Of 13-A, Gurujumbeshwar Nagar-B, Gandhipath, Vaishali Nagar, P.o. Jaipur-302021, At Present Studying In B.sc. Nursing Course Of 1St Year In St. Francis Hospital And College Of Nursing, Ajmer.

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Nimisha Shaji D/o Shaji T Mathew, Aged About 19 Years, Permanent Resident Of Thoppil (H), Padamughom Padamugham, P.o. Idukki, Kerala-685604, At Present Studying In B.sc. Nursing Course Of 1St Year In St. Francis Hospital And College Of Nursing, Ajmer.

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Ancila Maria D/o Jobby Joseph, Aged About 18 Years, Permanent Resident Of Kummayathottiyil (H), Chembukadavu P.o. Kodenchery, Kozhkode, Kerala673580, At Present Studying In B.sc. Nursing Course Of 1St Year In St. Francis Hospital And College Of Nursing, Ajmer.

(4 of 8)

[2023/RJJP/001361]

[CW-19083/2022]

Bigitha Babu D/o Babu, Aged About 18 Years, Permanent Resident Of Charuvila Puthen Veedu, Thachakkodu, Kottara, Meeyanoor P.o. Kollam, Kerala-691537, At Present Studying In B.sc. Nursing Course Of 1St Year In St. Francis Hospital And College Of Nursing, Ajmer.

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Melna Thomas D/o Saji Thomas, Aged About 18 Years, Permanent Resident Of 6M/514, Kudi Bhagtasani Housing Board, Jodhpur- 342005, At Present Studying In B.sc. Nursing Course Of 1St Year In St. Francis Hospital And College Of Nursing, Ajmer.

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Rithika Dona R D/o Robert Sathya Josephs, Aged About 18 Years, Permanent Resident Of 25/4A, Rc Street, Thiruvithancode, Kannya Kumari, Tamil Nadu-629174, At Present Studying In B.sc. Nursing Course Of 1St Year In St. Francis Hospital And College Of Nursing, Ajmer.

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Salina Bano D/o Abbas Kathat, Aged About 17 Years, At Present Studying In B.sc. Nursing Course Of 1St Year In St. Francis Hospital And College Of Nursing, Ajmer, Minor Through Her Natural Guardian And Mother- Smt. Hasina Bano W/o Shri Abbas Kathat, R/o Rajor, Rajsamand, Rajasthan-305901.

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----Petitioners

¶60

Versus

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State Of Rajasthan, Department Of Medical And Health (Group-3), Secretariat, Jaipur, Through Its Secretary.

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Private Physio Therapy Nursing And Para-Medical Institutions Society, Head Office Sangam Hotel, 17, Motilal Atal Road, Jaipur Through Its Secretary.

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----Respondents

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For Petitioner(s)	: Mr. Mr. Mr. Mr. Mr.	Arvind Gupta Ajatshatru Mina Eshaan Sanghi Suveer Gaur AjayChaudhary
For Respondent(s)	: Mr. Mr.	Bharat Saini, A.G.C. G.P. Sharma
	Mr.	Mahesh Chand Gupta

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HON'BLE MR. JUSTICE INDERJEET SINGH

(5 of 8)

[2023/RJJP/001361]

[CW-19083/2022]

Order

02/02/2023

These bunch of writ petitions have been filed by the Rajasthan Private Nursing College and Schools Federation and students who are adversely effected by the order dated 06.12.2022 passed by the respondents. The facts of the case in S.B. Civil Writ Petition No.19083/2022 is taken into consideration and prayer made is as under:-

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“It is, therefore, humbly prayed that entire relevant record to the present case may kindly be called for and by scanning the same writ petition may kindly be allowed as under:-

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i) by an appropriate writ order or direction thereof, thereby, order dated 05.05.2021 (Annexure-15) issued by the Principal Secretary, Department of Forest and Environment, Jaipur may kindly be quashed and set aside.

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ii) by an appropriate writ order or direction thereof, thereby, minutes of meeting dated 29.12.2021 (Annexure-23) may kindly be quashed and set aside.

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iii) by an appropriate writ order or direction thereof, thereby, respondents may kindly be directed to proceed further in pursuance of recommendations dated 19.11.2020, 23.11.2020 and 01.12.2020 for awarding project to the petitioner company.

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iv) by an appropriate writ order or direction thereof, thereby, respondents may kindly be directed to issue the license in the name of the petitioner company for authorizing the construction of passenger ropeway from Mehandipur Balaji main road, Near Adarsh Vidhya Mandir to Bhairav Baba. v) any other appropriate order or direction which the Hon’ble Court may deem just, proper and expedient in the facts and circumstances of the case may kindly be passed in favour of the petitioner company, vi) Cost of the writ petition may also be awarded in favour of the petitioner company.”

(6 of 8)

[2023/RJJP/001361]

[CW-19083/2022]

Grievance of the petitioner’s federation is that since the year 2004, the Members of the petitioner’s federation are running the various courses including B.Sc. Nursing and G.N.M. Course. It has been mentioned in the writ petition that since the year 2004, 50% of the seats have been filled by the State Government and 50% seats have been filled by the Federation for admission of the students. The State Government issued the order dated 06.12.2022 whereby reduced the quota of federation from 50% to 25% for the Session 2022/-2023 and 100% would be filled by the State Government from the Session 2023-2024.

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Counsel for the petitioners submits that passing of the order dated 06.12.2022 by the respondents is clear case of nonapplication of mind on the part of the respondents. Counsel further submits that the respondent-university of Health Sciences issued an advertisement in the month of August, 2022 for filling up the seats of B.Sc. Nursing and G.N.M. Courses and informed the students the schedule for submitting the application form in the said notification, it has been clearly been mentioned that in the private colleges, 50% seats shall be filled by the State Government and remaining 50% seats for each private college shall be filled through concerned federation. Counsel further submits that the petitioner-federation has issued advertisement in the month of August for admitting the students for Session 20222023 in the private colleges as per their 50% quota and have completed the conselling process and given admission to the students in the month of November, 2022. Counsel further submits that the State Government has also completed the counselling in t he first week of December, 2022. Counsel further

(7 of 8)

[2023/RJJP/001361]

[CW-19083/2022]

submits that the petitioners have admitted the students in private nursing colleges upto the extent of 50% as per the prevailing practice which is continuing since 2004 and the State Government has changed the percentage of admission quota from 50 to 25% quota vide order dated 06.12.2022 without assigning any reason and study of students has already been started in the respective colleges.

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Counsel for the respondents have opposed the writ petition and submitted that the petitioner-federation has no vested right for giving admission of the students for indefinite period, the State Government has every right to reduce the quota or close the quota of admitting students on their own. Counsel further submits that they have received several complaints against the private nursing institutions with regard to exploiting the students therefore, in the interest of students the order dated 06.12.2022 has been passed by them. Counsel further submits that on inspection, the respondents have found several deficiencies in running of institutions by Private Nursing Colleges.

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Heard counsel for the parties and perused the record.

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These writ petitions filed by the petitioners deserves to be allowed for the reasons; firstly, prior to passing of the order dated 06.12.2022, no opportunity of hearing has been given by the respondents to the petitioners which in my considered view is in violation of principle of natural justice; secondly, the practice for admitting the students 50% by the State Government and 50% by the Federation for Private Nursing Institutions is going on since 2004 and reducing to quota for the Session 2022-2023 by the respondents vide order dated 06.12.2022 is arbitrary and illegal

(8 of 8)

[2023/RJJP/001361]

[CW-19083/2022]

as the federation has already completed the counselling process of admitting the students in respective private colleges as per their quota of 50%; thirdly, the R.U.H.S. has issued the schedule for admission of the students in the month of August, 2022 followring that the federation has also issued the schedule for admitting the students and the process of admission has already been completed by the Federation as per prevailing system of admitting the students and now after completion of said admission process, the action of the respondents is not justifiable and the order dated 06.12.2022 has been passed without application of mind; and lastly, if the State Government found any irregularity in running the institutions by the Private Nursing Colleges then no order has been placed on record by the respondents as to what action has been taken by them against the defaulting institutions.

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In that view of the matter, these writ petitions stand allowed. The order passed by the respondents dated 06.12.2022 is set aside. However, the respondents are at liberty to pass fresh order in accordance with law.

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(INDERJEET SINGH),J

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JYOTI /204-207

Ronak Serawat S/O Ramkishor Serawat v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ronak Serawat S/O Ramkishor Serawat v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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