Disposed

Trilok Singh Nursing College v. State of Rajasthan

Rajasthan HC4 May 2023CW/5023/2023

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging hospital affiliation criteria. The court held that since the disqualification regarding the 100-beded hospital condition was inapplicable, the petition was disposed of by following the order in a connected writ petition (S.B. Civil Writ Petition No. 2488/2023).

What did the court decide?

The present petition is disposed of in terms of the order passed in S.B. Civil Writ Petition No. 2488/2023; the reconsideration shall not be impacted by Annexure-5.

Trilok Singh Nursing College Vs State of… — Pension and Retirement Benefits | Rajasthan HC (2023)

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[2023/RJJD/013480]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 5023/2023

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Trilok Singh Nursing College, Galiyakot Road, Sagwara, Dungarpur Running By Society Of Trilok Singh Shikshan Evam Anusandhan Sansthan, Laxmangarh, Sikar (Raj.) Through Its Secretary Neelam Mahla W/o Bhupendra Singh Mahla, Aged 47 Years, Resident Of Co. Trilok Singh College, Near Narodara Bus Stand, Nh52, Lachhmangarh, Sikar (Raj.).

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----Petitioner

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Versus

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State Of Rajasthan, Through Its Principal President, 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 And Science, Through Its Registrar, Kumbha Marg, Partap Nagar, Jaipur, Rajasthan.

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

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----Respondents

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For Petitioner(s)	: Mr. CS Kotwani.
For Respondent(s)	: Ms. Vrinda Samdani for Ms. Vandana
	Bhansali, AGC.
	Mr. Mohit Singhvi for RUHS.
	Mr. Sangram Singh for RNC.

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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04/05/2023

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Mr. C.S. Kotwani, learned counsel for the petitioner fairly submits that the college in question is located in the TSP area and the condition of 100 bedded own hospital does not apply on the present petitioner.

[2023/RJJD/013480]

[CW-5023/2023]

(2 of 3)

Learned counsel for the petitioner further submits that the order dated 27.04.2023 passed by this Court in S.B. Civil Writ Petition No. 2488/2023 (Shri Maharashi Dadhich Shiksha Samiti Vs. State Of Rajasthan & Ors.) alongwith other connected matters, shall apply in the present case, because the disqualification of 100 own bedded hospital is not applicable on the present petition. The operative portion of order dated 27.04.2023 reads as follows:-

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“13. In view of the above submissions, this Court while adjudicating category No.1 out of the broader propositions jointly framed by learned counsel for the parties; allowing the present writ petitions directs the respondents to abide by the assurances given by their counsel and revisit the NOC and grant the same to the petitioners within a period of 30 days from the date of receiving a certified copy of this order, in case they are fulfilling the condition of own 100 bed hospital criteria as well as other eligibility criteria for grant of NOC.

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14. In case, there is any rejection, it shall have to carry a speaking order for each institute, giving reasons.

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15. It is further directed that once such result is declared within a period of 30 days; if intake capacity is available for the students of the respective courses and the minimum time period for required attendance is remaining, the respondents shall be required to take a considered decision for conducting fresh counselling for the vacant seats equitably between the institutions, which succeed in the process of grant of NOC.

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16. In case, the affiliation fee or any other fee chargeable by the State and the University is the issue for grant of NOC, then the petitioners shall be given at least one chance to submit such amount, strictly in accordance with law.

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17. It is needless to say that, such considered decision on fresh counselling shall be taken while keeping into consideration the interest of the on going academic session, the students concerned and the institutions.

(3 of 3)

[2023/RJJD/013480]

[CW-5023/2023]

18. In case, any grievance remains, the parties shall be at liberty to come back to the Court.

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19. It is made clear that the list of cases falling in the category-I has been jointly submitted by all the respective counsel for the parties.

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20. If any case in the list of present cause title falls outside the purview of category-I, the respondents shall be at liberty to reject the NOC.”

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Learned counsel for the respondents fairly submit that since the disqualification of 100 own bedded hospital is not there, therefore, the adjudication going on before the Hon’ble Division Bench will not impact upon the present petitioner and it can be disposed of in terms of the order passed by this Court in the matter of Shri Maharashi Dadhich Shiksha Samiti Vs. State Of Rajasthan (Supra) .

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In view of the above, the present petition is disposed of in terms of the order passed by this Court in S.B. Civil Writ Petition No. 2488/2023. The reconsideration which shall be done by the respondents shall not be impacted by the Annexure-5.

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All pending applications also stand disposed of.

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(DR.PUSHPENDRA SINGH BHATI), J.

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73-Sudheer/-

Trilok Singh Nursing College v. State of Rajasthan

Case brief

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Trilok Singh Nursing College v. State of Rajasthan

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