Writ petition for regularizing students admitted under interim order for B.Sc. Nursing Course 2020-21. Court allowed petition based on State NOC for 50 seats.
Petition allowed to regularize students admitted under interim order. Respondents directed to ensure completion of course in accordance with law.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 2641/2021
R.G.M. College Of Nursing, Through Its Administrative Officer Shri Pawan Kumar Dadhich S/o Shr Devi Lal Ji, Aged About 44 Years, R/o Khasra No. 1208, Pal Link Road, Jodhpur.
----Petitioner
Versus
----Respondents
| For Petitioner(s) | : Mr. Ankur Mathur with |
|---|---|
| Mr. Harshvardhan Thanvi | |
| For Respondent(s) | : Ms. Vandana Bhansali, AGC |
| Mr. Sangram Singh | |
| Dr. Mohit Singhvi. |
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
12/10/2023
1.1 Mr. Mathur, learned counsel further submits that on 16.02.2021, an interim order was passed by this Court, which was
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for the purpose of academic session 2020-21 for 50 seats. The order dated 16.02.2021 reads as follows:
“In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.
It is submitted by learned counsel for the petitioner that in similar nature writ petition being SBCWP No.961/2021, notices have been issued and interim order has been granted by the Court.
In view of the submissions made, issue notice.
Issue notice of stay application also, returnable within four weeks.
List alongwith SBCWP No.961/2021.
In the meanwhile, if the counselling is still in progress, the petitioner – institution may be provisionally included for allotment of students for admission to BSC Course for upcoming academic year 2020-21 as per the annual intake capacity of 50 seats sanctioned by the State/Rajasthan Nursing Council. However, it is made clear that inclusion of petitioner – institution for allotment of students and admission accorded in pursuance thereto, shall not create any right of equity in favour of petitioner – institution or the students admitted to the course pursuant to this interim order. The admission accorded shall remain subject to the decision of the writ petition. List on 15.03.2021 alongwith SBCWP No. 1804/2021.”
1.2 Mr. Mathur also submits that an order dated 12.03.2023 showing State NOC of 50 seats is already on record as Annexure-9 in S.B. Civil Writ Petition No.14677/2023, pertaining to the same petitioner-institution.
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purposes. The respondent is directed to ensure all legal rights of the petitioner-Institution for lawful completion of the course for the academic session 2020-21, strictly in accordance with law. All pending applications stand disposed of.
(DR. PUSHPENDRA SINGH BHATI), J.
C4-Zeeshan
2 issues framed by the court
Whether students admitted through interim order for academic session 2020-21 should be regularized given State NOC of 50 seats.
Whether petitioner institution must be allowed to complete the course for academic session 2020-21 in accordance with law.
1 provisions across 1 enactments
R.G.M. College Of Nursing
State Of Rajasthan
Rajasthan Nursing Council
Rajasthan University Of Health And Science
Private Physiotherapy Nursing And Para Medical Institutions Society
Dr. Pushpendra Singh Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
