IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Vinit Kumar Mathur, J.
Ruhi Nursing College Bhilwara, Through Its Director Chandra Singh Chouhan S/o Madan Singh Chouhan - Petitioner
Vs.
State Of Rajasthan, Through Its Principal Secretary, Medical And Health Department, Government Of Rajasthan, Government Secretariat, Jaipur (Rajasthan) - Respondent
S.B. Civil Writ Petition No. 17009 of 2019, 12064 of 2020, 14060 of 2018
Decided On : 11-03-2022
Constitution of India, 1950 – Article 226 – Power of high court to issue certain writs – Case comes up on an application (01/22) for declaring result of students pursuing GNM Course from petitioner- Institute – However, since controversy involved in present matters is short, therefore, with consent of learned counsel for parties, matters are being heard finally and disposed of by this common order –Held, Court have considered submissions made at the Bar and the undisputed facts in present case noted above show that for Academic Session onwards for GNM Courses, State Government passed an order vide which, petitioner Institute was banned for admissions and allotting students on account of certain deficiencies in petitioner Institute – Court is of view that students who have been admitted by the petitioner Institute in view of interim orders passed by this Court, they may be allowed to complete their courses and respondents are directed to issue degrees and other certificates to students who have completed their course for Academic Session – Writ petitions disposed of.
JUDGMENT
Heard learned counsel for the parties.
2. The case comes up on an application (01/22) for declaring result of students pursuing GNM third year Course from the petitioner- Institute.
3. However, since the controversy involved in the present matters is short, therefore, with the consent of learned counsel for the parties, the matters are being heard finally and disposed of by this common order.
4. The present writ petitions were filed by the petitioner Institute against the order dated 16/10/2017 and other consequential orders vide which the petitioner Institute was banned for allotment of students for admission in the course of GNM Nursing on the ground that in the Institution, certain deficiencies were found at the time of inspection.
5. The petitioner Institute filed writ petitions before this Court and this Court at the time of issuing notices in the writ petitions passed the following orders :-
Issue notice.
Meanwhile, the petitioner – Institute is permitted to participate in the ongoing counselling of GNM Course but the students shall be duly informed about the ongoing litigation of the petitioner – Institute.
List the matter on 10.07.2018.
S.B. Civil Writ Petition No. 17009/2019:
15/11/2019
Issue notice.
To be heard along with S.B. Civil Writ Petition No.6869/2018.
Meanwhile, the petitioner – Institute is permitted to participate in the ongoing counselling of GNM/BSc. Nursing Course as the case may be but the students shall be duly informed about the ongoing litigation of the petitioner – Institute”.
S.B. Civil Writ Petition No. 12064/2020:
09/12/2020
Mr. Manish Vyas, AAG prays for and is granted further time to file reply to the writ petition.
List in the third week of January, 2021 along with SB CWP Nos. 10530/2015, 9414/2016, 11038/2017, 10031/2018, 11344/2018, 17864/2018 and 14540/2019.
Meanwhile, the petitioner-institution may be provisionally permitted to participate in the counseling for allotment of the students for admission to GNM Nursing Course for the academic session 2020-21. However, inclusion of the petitioner-institution in counseling allotment of the students and the admission accorded thereto shall not create any right to equity in favour of the petitioner-institution or the students admitted and the same shall be subject to decision of this writ petition.
6. In pursuance of the interim orders granted by this Court, the petitioner – Institute granted admissions to the students in the GNM Course. During the pendency of the writ petitions, the ban imposed vide order dated 16/10/2017 was revoked by the State Government vide order dated 27/10/2021 on the condition that the petitioner – Institute was required to deposit bills of Laboratory, Library and Teaching Staff within a period of three months.
7. Learned counsel for the petitioner – Institute submits that in pursuance of the conditional revocation order of the State Government dated 13/01/2021, the petitioner – Institute has deposited the requisite documents before the competent authorities and removed the deficiencies pointed out during the course of inspection, and, therefore, the State Government has revoked the ban order dated 16/10/2017. On account of the deposition of the documents and removing the deficiencies pointed out during the Course of Inspection, the name of the petitioner – Institute has been reflected in the list of Institutions shown by the Rajasthan Nursing Council, Jaipur for admitting the students in GNM Course. He, therefore, submits that in view of the order passed by the State Government on 27/10/2021, the impediment created vide order dated 16/10/2017 has been removed and, therefore the students who have been admitted for pursing the said courses for the Academic Session 2018-19, 2019-20 and 2020-21 may be permitted to participate in the Examinations and they may be granted the requisite degrees and certificates for the same. Learned counsel for the petitioner – Institute has relied upon
The court established that changes in regulatory approvals can retroactively validate student admissions and examination eligibility.
Court is of firm opinion that without issuing any notice to Petitioner Institution for withdrawal of permission granted there cannot be any unilateral denial of renewal in the year 2022.
The main legal point established is that the courses completed by the students from the petitioner-institute should not be disturbed, as the deficiencies pointed out by the Indian Nursing Council had....
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