Partly allowed

Bansur Nursing College v. the State of Rajasthan

Rajasthan HC23 Aug 2023WMAP/183/2023

Case brief

AI extract

What is this about?

Limited order permitting respondents to declare results and allow students who completed 2021-22 session under interim order to continue studies, subject to final institutional qualification and pending NOC adjudication.

What did the court decide?

Respondents directed to declare results for students admitted under interim order appearing in first year exam and permit them to continue studies in accordance with law.

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

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Writ Misc Application No. 183/2023

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Bansur Nursing College, Bye Pass Road, Bansur, Alwar, Rajasthan, Through Its Secretary Ajay Kumar S/o Shri Ram Kumar, Aged About 38 Years, R/o H. No. 24, Friends Colony, Lalkothi, Jaipur.

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----Petitioner

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Versus

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

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

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The Rajasthan University Of Health And Science, Through Its Registrar, Kumbha Marg, Sector-18, Pratap Nagar, Tonk Road, Jaipur.

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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.

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----Respondents

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For Petitioner(s) : Mr. Shreyansh Mardia. For Respondent(s) : Ms. Vandana Bhansali, AGC Mr. Sangram Singh Dr. Mohit Singhvi for Mr. Vishawas Khatri

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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23/08/2023

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With the consent of learned counsel for both the parties, the following order is passed :-

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Learned counsel for the petitioner submits that by virtue of interim order passed by this Court, the students have already

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[WMAP-183/2023]

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(2 of 3)

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been granted admission and they accordingly appeared in the first year examination and completed their first year of course.

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Learned counsel for the respondents are unable to refute the fact that the students herein are those who have already been granted admission in pursuance of the interim order passed by this Court and have completed the academic session 2021-22 and have also appeared in the concerned examination.

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At this juncture, a limited submission being made by the learned counsel for the petitioner is that since the controversy herein is that the students may be permitted to continue their studies, on the strength of the interim order already passed by this Court.

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Heard.

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As a limited intervention, only for those students, who are already permitted by this Court to pursue the nursing course for the academic session 2021-22, the respondents are directed to declare their results and permit them to continue their studies, strictly in accordance with law.

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List the matter on 11.09.2023 along with SBCWP No.16654/2022.

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It is however made clear that today’s order shall not create any equity in favour of the students or the institutions and shall remain subject to final qualification or disqualification of the institutions in question.

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This Court is conscious of the fact that the determination regarding the NOC(s), which have been granted or declined in pursuance of the 100 bed hospital policy, cannot be made by this Court at this stage, in the instant petition, because the same is

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[WMAP-183/2023]

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(3 of 3)

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pending adjudication before the Hon’ble Division Bench of this Hon'ble Court.

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It is needless to say that the petitioner-institution shall have to lawfully stand on his own legs, to contest the legality of the Courses, which it has offered in pursuance of the adjudication to be made by the Hon’ble Division Bench, where the policy in question is being under adjudication.

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Learned counsel for the respondents shall be free to move an appropriate application, if need arises.

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12 The respondents shall also be required to consider the scholarship eligibility of the students of the petitioner-institution, strictly in accordance with law.

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(DR.PUSHPENDRA SINGH BHATI), J.

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235-/Jitender//-

Bansur Nursing College v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Bansur Nursing College v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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