Allowed

The Rajasthan University of Health Sciences v. Ravi Choudhary

Rajasthan HC2 Jan 2024SAW/1105/2022

Case brief

AI extract

What is this about?

Division Bench allowed the Special Appeal Writ, setting aside the Single Judge's order which had rejected the respondent's writ petition. The lower court had relied on Fauran Singh, which was subsequently reversed by a Division Bench on 08.12.2022 prejudicial to the current appellant.

What did the court decide?

Special Appeal allowed; impugned order set aside; respondent's writ petition dismissed.

The Rajasthan University of Health Sciences Vs Ravi… — Property and Title | Rajasthan HC (2024)

¶1

[2024:RJ-JD:31-DB]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶3

D.B. Spl. Appl. Writ No. 1105/2022

¶4

The Rajasthan University Of Health Sciences, Jaipur Through Its Registrar.

¶5

----Appellant

¶6

Versus

¶7

Ravi Choudhary S/o Shri Keshrimal Choudhary, Aged About 28 Years, Resident Of Vp Sawan, Neemuch (Mp), Presently Studying At Mewar B.sc. Nursing College, Udaipur.

¶8

Mewar B.sc. Nursing College, Udaipur, Through Its Principal.

¶9

----Respondents

¶10

For Appellant(s) : Mr. Virendra Lodha, Sr. Adv. assisted by Mr. Sheetal Kumbhat. For Respondent(s) : Mr. Dinesh Jyani.

¶11

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI

¶12

Order

¶13

02/01/2024

¶14

The present special appeal writ has been preferred claiming the following reliefs:-

¶15

“It is, therefore, most humbly and respectfully prayed that record of the case may kindly be called for and the present appeal may kindly be allowed and the impugned Order dated 05.12.2022 passed in S.B. Civil Writ Petition No.17144/2021 may kindly be quashed and set aside and the writ petition filed by the respondent No.1 may kindly be ordered to be rejected in toto.”

¶16

Mr. Virendra Lodha, learned Senior Counsel assisted by Mr. Sheetal Kumbhat appearing on behalf of the appellant submits that the impugned order is passed on the premise of the lead case of Fauran Singh Vs. Rajasthan University of Health Sciences

[2024:RJ-JD:31-DB]

[SAW-1105/2022]

(2 of 3)

& Anr. (S.B. Civil Writ Petition No.10298/2019) decided on 31.07.2020 whereby the issue regarding the number of attempts which may be allowed to a candidate for appearing in the exam is considered by this Court.

¶21

2.1 Learned Senior Counsel further submits that the privaterespondents completely relied upon the sole reliance for deciding their case sought intervention of this Court only on the basis of Fauran Singh (Supra) .

¶22

2.2 Learned Senior Counsel has pointed out that D.B. Civil Appeal Writ No.899/2021 preferred by Rajasthan University of Health Sciences, Jaipur through its Registrar where Fauran Singh and NIMT College of Nursing are the respondents and in the same, the appeal of the present appellant has been allowed and the orders passed by the learned Single Judge are set aside and the writ petitions filed by the respondents are dismissed. The order passed in the matter of Fauran Singh (Supra) on 08.12.2022 reads as follows:-

¶23

“Heard.

¶24

These appeals arise out of an order passed by Learned Single Judge where the issue arose as to whether the students, who had completed more than 8 years, are entitled to be admitted in the examination in B. Pharmacy and B. Sc. (Nursing).

¶25

Learned counsel for the parties have placed before us order dated 07.12.2021 passed by the Division Bench of this Court in Deepika Sharma Versus Rajasthan University of Health Sciences & Others (D.B. Special Appeal (Writ) No.1010/2021) as also order dated 11.11.2022 passed in Yogendra Versus Rajasthan University of Health Sciences & Others (D.B.

(3 of 3)

[2024:RJ-JD:31-DB]

[SAW-1105/2022]

Special Appeal (Writ) No.1188/2022 and batch of appeals).

¶30

Having gone through the aforesaid two orders, we are of the view that the issue raised in these appeals is covered by the aforesaid orders placed before us by learned counsel for the respective parties.

¶31

Accordingly, these appeals are allowed and the orders passed by the learned Single Judge are set aside and the writ petitions filed by the respondents are dismissed.

¶32

A copy of this order be placed on record of each connected appeal.”

¶33

Learned counsel for the respondents is unable to controvert the aforesaid factual matrix of the case whereby the sole reliance of the respondents was on Fauran Singh (Supra) while getting the case decided, which has been reversed by the Hon’ble Division Bench of this Court at Jaipur Bench in the aforesaid order.

¶34

It is also noted by this Court that the result of the exam underwent by the respondents upon the interim orders is also negative.

¶35

Accordingly, this appeal is allowed and the order passed by the learned Single Judge is set aside and the writ petition filed by the respondents is dismissed.

¶36

All pending applications, if any, stand disposed of.

¶37

(RAJENDRA PRAKASH SONI),J

¶38

(DR.PUSHPENDRA SINGH BHATI),J

¶39

13-Jitender

The Rajasthan University of Health Sciences v. Ravi Choudhary

Case brief

What is this about?

What did the court decide?

The Rajasthan University of Health Sciences v. Ravi Choudhary

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Union of India and Ors. Vs Brij Lal and Anr.

Shankar Vs State of Rajasthan

Sanjay Kumar Vs the State of Rajasthan

State of Rajasthan Vs Om Prakash

Smt. Durga Devi Mairda Vs State of Rajasthan

Commissioner, of Wealth Tax and Anr. Vs the Lake Palace Hotels and Motels Ltd.