Allowed

Choudhary Nursing College v. State of Rajasthan

Rajasthan HC1 May 2023CW/600/2023

Case brief

AI extract

What is this about?

This court allowed the pending writ petition regarding nursing college affiliation, directing the respondents to abide by the assurances given in the connected matter and granting relief in terms of the earlier order concerning NOC and counselling for vacant seats.

What did the court decide?

The instant writ petition was allowed in terms of the order in Shri Maharashi Dadhich Shiksha Samiti; all pending applications disposed of.

Choudhary Nursing College Vs State of Rajasthan — Education and Admissions | Rajasthan HC (2023)

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[2023/RJJD/013275]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 600/2023

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Choudhary Nursing College, (B.sc. Nursing), Rajgarh, Dist. Churu Through President Of Swami Vivekanand Public School Sanstha, Sadulpur, Dist. Churu (Rajasthan) Dr. J.s. Choudhary Son Of Shri Hari Singh, Aged About 54 Years, Resident Of Kalri Tehsil Rajgarh, District Churu.

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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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Deputy Secretary, Medical And Health Department (Gr-3), 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 Sciences, Jaipur (Rajasthan), Through Its Registrar.

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Private Physiotherapy, Nursing And Para Medical Institution Society Having Office Address At Plot No. 273, Subhash Nagar, Pal Road, Jodhpur.

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----Respondents

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For Petitioner(s)	: Mr. Vikas Bijarnia.
For Respondent(s)	: Mr. Mohit Singhvi for RUHS.
	Mr. Sangram Singh for RNC.
	Ms. Vrinda Samdani

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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01/05/2023

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Learned counsel for the petitioner has submitted that the controversy involved in this matter is squarely covered by the order rendered by this Court in Shri Maharashi Dadhich

[2023/RJJD/013275]

[CW-600/2023]

(2 of 3)

Shiksha Samiti Vs. State Of Rajasthan & Ors. (S.B. Civil Writ Petition No. 2488/2023) decided on 27.04.2023 alongwith other connected matters and learned counsel seeks disposal in the same terms. The operative portion of which 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.

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

(3 of 3)

[2023/RJJD/013275]

[CW-600/2023]

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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In view of the above, the instant writ petition is allowed in terms of the order passed by this Court in Shri Maharashi Dadhich Shiksha Samiti (supra) .

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All pending applications also stand disposed of.

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(DR. PUSHPENDRA SINGH BHATI), J.

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C-3-Jitender

Choudhary Nursing College v. State of Rajasthan

Case brief

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Choudhary Nursing College v. State of Rajasthan

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