Allowed

Jiet College of Nursing v. State of Rajasthan

Rajasthan HC18 Oct 2023CW/3071/2022

Case brief

AI extract

What is this about?

The Rajasthan High Court, Jodhpur Bench disposed of six connected writ petitions. The petitions challenged the ability of various nursing institutions to admit students for B.Sc. Nursing and GNM courses with specific enhanced intake capacities. The Court granted relief to all petitioners since respondents admitted the institutions met eligibility criteria, directing the inclusion of these institut

What did the court decide?

Petitioners allowed to continue B.Sc. Nursing and GNM courses; Direct respondents to include petitioners in counseling lists with enhanced seats and accept affiliation fees.

Jiet College of Nursing Vs State of Rajasthan — Service and Employment | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 14997/2022

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M.b. Health And Hygiene Nursing Shikshan Sansthan, Dungarpur Through Its Secretary Shri Kapil Anand Kalal S/o Shri Poonam Chand Kalal, Aged About 41 Years, R/o Shastri Colony, Badal Mahal Road, Dungarpur - 314001 - Rajasthan.

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----Petitioner

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Versus

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1. State Of Rajasthan, Through Its Principal Secretary, Medical Dna Health Department, Government Of Rajasthan, Government Secretariat, Jaipur (Rajasthan).

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1. Rajasthan Nursing Council, Through Its Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur (Rajasthan).

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1. Rajasthan University Of Health And Science, Through Its Registrar, Kumbha Marg, Partap Nagar, Jaipur, Rajasthan.

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1. Private Physiotherapy, Nursing And Para Medical Institutions Society, Branch Office Jodhpur Through Its Secretary, Plot No. 273, Subhash Nagar, Pal Road, Jodhpur Rajasthan.

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1. Rajasthan Private Nursing Schools And Colleges Federation, Through Its Chairman, 357, Laxmi Nagar, Paota B Road, Jodhpur, Rajasthan - 342001.

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----Respondents

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Connected With

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S.B. Civil Writ Petition No. 3720/2021

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Karuna College Of Nursing, Through Its President Dr. Sutinder Pal Gupta S/o Shri Balbir Chand Gupta , Aged About 64 Years , R/o 2 Nwn , Nawan By Pass Road, Hanumangarh Junction , Distt. Hanumangarh , Rajasthan.

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----Petitioner

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Versus

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1. State Of Rajasthan, Through Its Principal Secretary , Medical And Health Department , Government Of Rajasthan , Government Secretariat , Jaipur (Raj.)

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1. Rajasthan Nursing Council, Through Its Registrar , B-39, Sardar Patel Marg , C-Scheme , Jaipur (Raj.)

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1. Rajasthan University Of Health And Science, Through Its Registrar , Kumbhamarg , Partap Nagar , Jaipur , Rajasthan.

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----Respondents

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S.B. Civil Writ Petition No. 3740/2021

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Jiet College Of Nursing, Through Its Registrar Dr. Manish Bafna S/o Shri Lalit Kumar Bafna, Aged About 44 Years, R/o Jiet Universe, N.h. 65, Pali Road, Mogra, Luni, Jodhpur, Rajasthan.

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----Petitioner

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Versus

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1. State Of Rajasthan, Through Its Principal Secretary, Medical And Health Department, Government Of Rajasthan, Government Secretariat, Jaipur (Rajasthan)

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1. Rajasthan Nursing Council, Through Its Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur (Rajasthan)

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1. Rajasthan University Of Health And Science, Through Its Registrar, Kumbha Marg, Partap Nagar, Jaipur, Rajasthan.

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----Respondents

S.B. Civil Writ Petition No. 4703/2021

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M.b. College Of Para Medical And Nursing Education, Sector-8, Mahaveer Nagar, Iii Kota 324005, Rajasthan Through Its Principal Shri Manthan Tiwari S/o Shri Arvind Kumar Tiwari, Aged About 40 Years.

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----Petitioner

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Versus

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1. State Of Rajasthan, Through Its Principal Secretary, Medical And Health Department, Government Of Rajasthan, Government Secretariat, Jaipur (Rajasthan).

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1. Rajasthan Nursing Council, Through Its Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur (Rajasthan).

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1. Rajasthan University Of Health And Science, Through Its Registrar, Kumbha Marg, Partap Nagar, Jaipur, Rajasthan.

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1. Private Physiotherapy, Nursing And Para Medical Institutions Society, Branch Office Jodhpur Through Its Secretary, Plot No. 273, Subhash Nagar, Pal Road, Jodhpur, Rajasthan.

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----Respondents

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S.B. Civil Writ Petition No. 6095/2021

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Karuna College Of Nursing, Through Its President Dr. Sutinder Pal Gupta S/o Shri Balbir Chand Gupta, Aged About 64 Years, 2 Nwm, Nawan By Pass Road, Near Nawan Railway Crossing, Hanumangarh Junction, Dist. Hanumangarh, Rajasthan.

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----Petitioner

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Versus

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1. State Of Rajasthan, Through The Principal Secretary, Medical And Health (Group-Iii) Department, Government Of Rajasthan, Secretariat, Jaipur.

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1. Rajasthan Nursing Council, Through Its Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur, Rajasthan.

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1. Additional Director (Training), Legal And Health Department, Secretariat, Jaipur, Rajasthan.

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1. Private Physiotherapy, Nursing And Para Medical Institutions Society, Branch Office Jodhpur Through Its Secretary, Plot No. 273, Subhash Nagar, Pal Road, Jodhpur, Rajasthan.

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----Respondents

¶53

S.B. Civil Writ Petition No. 14781/2021

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Karuna Colege Of Nursing, Through Its President Dr. Sutinder Pal Gupta S/o Shri Balbir Chand Gupta, Aged About 64 Years, 2 Nwm, Nawan By Pass Road, Near Nawan Railway Crossing, Hanumangarh Junction, Dist. Hanumangarh, Rajasthan.

¶55

----Petitioner

¶56

Versus

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1. State Of Rajasthan, Through The Secretary, Medical And Health (Group-Iii) Department, Government Of Rajasthan, Secretariat, Jaipur.

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1. Rajasthan Nursing Council, Through Its Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur, Rajasthan.

¶59

1. Additional Director (Training), Legal And Health Department, Secretariat, Jaipur, Rajasthan.

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Private Physiotherapy, Nursing And Para Medical Institutions Society, Branch Office Jodhpur Through Its Secretary, Plot No. 273, Subhash Nagar, Pal Road,

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Jodhpur, Rajasthan.

----Respondents

S.B. Civil Writ Petition No. 3071/2022

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Jiet College Of Nursing, Jiet Universe, N.h. 65, Pali Road, Mogra, Luni, Jodhpur, Rajasthan Through Its Registrar Dr. Manish Bafna S/o Shri Lalit Kumar Bafna, Aged About 45 Years.

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----Petitioner

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Versus

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State Of Rajasthan, Through Its Principal Secretary, Medical And Health Department, Government Of Rajasthan, Government Secretariat, Jaipur (Rajasthan).

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Rajasthan Nursing Council, Through Its Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur (Rajasthan).

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Rajasthan University Of Health Science, Through Its Registrar, Kumbha Marg, Pratap Nagar, Jaipur, Rajasthan.

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Private Physiotherapy, Nursing And Para Medical Institutions Society, Branch Office Jodhpur Through Its Secretary, Plot No. 273, Subhash Nagar, Pal Road, Jodhpur, Rajasthan.

¶73

----Respondents

¶74

S.B. Civil Writ Petition No. 3122/2022

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Karuna College Of Nursing, 2 Nwn, Nawan By Pass Road, Hanumangarh Junction, District Hanumangarh, Rajasthan Through Its President Dr. Sutider Pal Gupta S/o Shri Balbir Chand Gupta, Aged About 65 Years.

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----Petitioner

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Versus

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1. State Of Rajasthan, Through Its Principal Secretary, Medical And Health Department, Government Of Rajasthan, Government Secretariat, Jaipur (Rajasthan).

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1. Rajasthan Nursing Council, Through Its Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur (Rajasthan).

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1. Rajasthan University Of Health Science, Through Its Registrar, Kumbha Marg, Partap Nagar, Jaipur, Rajasthan.

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1. Private Physiotherapy, Nursing And Para Medical Institutions Society, Branch Office Jodhpur Through Its Secretary, Plot No. 273, Subhash Nagar, Pal Road, Jodhpur, Rajasthan.

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----Respondents

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For Petitioner(s)	:	Mr. Ankur Mathur a/w Mr. Harshvardhan Thanvi.
For Respondent(s)	:	Mr. Anil Kumr Gaur, AAG Ms. Vandana Bhansali, AGC a/w Ms. Vrinda Samdani
		Mr. Sangram Singh Mr. Mahendra Vishnoi Mr. Manish Tak
		Dr. Mohit Singhvi

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

18/10/2023

The petitioners have preferred these present writ petitions

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claiming the following reliefs :-

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"In S.B. Civil Writ Petition No.3740/2021:

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(i) The writ petition filed by the petitioner may kindly be allowed;

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(ii) The record of the case may kindly be called for:

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(iii) It may kindly be declared that the petitioner institution is entitled to take admission of students for B.Sc. Nursing Course for the academic session 2020-21 with intake capacity of 60 seats.

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(iv) The respondents may kindly be directed to include petitioner in the list of institutions with intake capacity of 60 seats and allowed to take admission of students for B.Sc. Nursing Course for the session 2020-21. (v) The respondent University may further be directed to accept the annual affiliation and other fees for enhanced intake capacity of seats.

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(vi) Any other appropriate relief which this Hon'ble Court deems just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner.

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(vii) Costs of the writ petition be also awarded favour of the petitioner.

¶99

In S.B. Civil Writ Petitions No.4703/2021 :

¶100

"i. the writ petition filed by the petitioner may kindly be allowed;

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II. The record of the case may kindly be called for; III. It may kindly be declared that the petitioner institution is entitled to take admission of students for B.Sc. Nursing Course for the academic session 2020-21 with intake capacity of 50 seats.

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IV. The respondents may kindly be directed to include petitioner in the list of institutions with intake capacity of 50 seats and allowed to take admission of students for B.Sc. Nursing Course for the session 2020-21.

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V. The respondent federation/association may be directed to recommend the authorities for enhancement of seats and also be directed to include the petitioner institution in its counseling with intake capacity of 50 seats.

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VI. The respondent University may further be directed to accept the annual affiliation and other fees for enhanced intake capacity of seats."

¶108

In S.B. Civil Writ Petition No.6095/2021:

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"(a) The record of the case may kindly be called for;

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(b) The respondents may be directed to allow the petitioner Institution to admit 60 students in GNM Course in consonance with the permissions accorded. (c) The respondents may further be directed to include the name of the petitioner institution in the list of eligible institutions for the purpose of counseling for the academic session 2020-21 in GNM Course with intake capacity of 60 students.

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(d) The respondents may further be directed to grant affiliation to the 60 students to be admitted in the petitioner institution in accordance with law.

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(e) Cost of litigation and damages may also be allowed in favour of the petitioner.

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(f) Any other appropriate writ or order or direction which is favorable to the petitioner in the facts and circumstances of the case may kindly be granted to the petitioner."

¶114

In S.B. Civil Writ Petition No.14781/2021 :-

¶115

"(a) The record of the case may be called for.

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(b) The respondents may be directed to allow the petitioner institution to admit 60 students in GNM Course in consonance with the permissions accorded.

¶120

(c) The respondents may further be directed to include the name of the petitioner institution in the list of eligible institutions for the purpose of counseling for the academic session 2021-22 in GNM Course with capacity of 60 students.

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(d) The respondents may further be directed to grant affiliation to the 60 students to be admitted in the petitioner institution in accordance with law.

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(e) Cost of litigation and damages may also be allowed in favour of the petitioner.

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(f) Any other appropriate writ or order or direction which is favorable to the facts and circumstances of the case may kindly be granted to the petitioner."

¶124

In S.B. Civil Writ Petition NO.3122/2022 :-

¶125

"i. the writ petition filed by the petitioner may kindly be allowed;

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ii. The record of the case may kindly be called for; iii.It may kindly be declared that the petitioner institution is entitled to take admission of students for B.Sc. Nursing Course for the academic session 2021-22 with intake capacity of 40 seats.

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iv. The respondents may kindly be directed to include petitioner in the list of institutions with intake capacity of 40 seats and allowed to take admission of students for B.Sc. Nursing Course for the session 2021-22.

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V. The respondent University may further be directed to accept the annual affiliation and other fees for enhanced intake capacity of seats.

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vi. Any other appropriate relief which this Hon'ble Court deems just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner.

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vii. Costs of the writ petition be also awarded in favour of the petitioner."

¶134

In S.B. Civil Writ Petition No.14997/2022 :-

¶135

"i. the writ petition filed by the petitioner may kindly be allowed;

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ii. The record of the case may kindly be called for : iii. It may kindly be declared that the petitioner institution is entitled to take admission of students for B.Sc. Nursing Course for the academic session 2022-23 with intake capacity of 60 seats.

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iv. The respondents may kindly be directed to include petitioner in the list of institutions with intake capacity of 60 seats and allowed to take admission of students for B.Sc. Nursing Course for the session 2022-23.

¶138

v. The respondent University may further be directed to accept the annual affiliation and other fees for enhanced intake capacity of seats.

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vi. Any other appropriate relief which this Hon'ble Court deems just and proper in the Facts and circumstances of the case may kindly be passed in favour of the petitioner.

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vii. Costs of the writ petition be also awarded in favour of the petitioner."

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The matters pertain to B.Sc Nursing Course.

¶142

Learned Additional Advocate General Mr. Anil Kumar Gaur, learned Additional Government Counsel Ms. Vandana Bhansali along with Ms. Vrinda Samdani, learned counsel Mr. Mahendra Vishnoi, Mr. Sangram Singh and Dr. Mohit Singhvi fairly submits that in these matters, the NOC have been granted and an express decision has been taken by all respective bodies to allow the petitioners-institutions to continue with the courses in question.

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Since all the respondents are agreeable to the proposition as far as the present petitioners meeting all the criteria for a valid nursing course and thus, there is no dispute pertaining to the eligibility of the institutions and students to continue with the courses. Although in some of the institutions, prospective NOC has been granted but the same also shall not preclude them from the benefit of running the institutions because ultimately they have approval of all the necessary statutory bodies, which include the Rajasthan Nursing Council, Rajasthan Health University and State Government.

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In light of the aforesaid joint statements made by learned counsel representing the respondents, the present petitions are allowed and the institutions as well as the students will be accordingly allowed to continue with the courses in question i.e. the B.Sc (N) and GNM course, for the academic session 2020-21, 2021-22 and 2022-23 with respective seats, and all benefits accruing in law shall be given to the students as well as institutions.

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All pending applications also stand disposed of.

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(DR.PUSHPENDRA SINGH BHATI), J.

¶150

498, 500 & 501-AnilKC/jitender

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492, 494, 495, 496, 497,

Jiet College of Nursing v. State of Rajasthan

Case brief

What is this about?

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Jiet College of Nursing v. State of Rajasthan

Case brief

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