ORDER :

Heard learned counsel for the parties.

2. The case comes up on an application (01/22) for declaring result of students pursuing B.Sc. third year Nursing 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/B.Sc. 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 :-

S.B. Civil Writ Petition No.6869/2018 : 16/05/2018 :

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. 13218/2018 :

30/08/2018

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”.

6. In pursuance of the interim orders granted by this Court, the petitioner – Institute granted admissions to the students in the GNM and B.Sc. Nursing 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 During the pendency of the writ petitions, the ban imposed vide order dated 16/10/2017 was revoked by the State Government vide order dated 13/01/2021 on the condition that the petitioner – Institute was required to deposit a certificate issued by the Rajasthan Pollution Control Board within a period of one month.

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 certificate 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 certificate 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/BSc. Nursing Course. The approval has also been granted by the Respondent University. He, therefore, submits that in view of the order passed by the State Government on 13/01/2021, 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 2017-18 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 a judgment of this Court passed in S.B. Civil Writ Petition No.9804/2012 decided on 02/03/2017 in Vijaya Raje College of Nursing vs. State of Rajasthan & Ors.

8. Learned counsel for the respondents are not in a position to dispute the facts in the present case.

9. This Court in the identical set of facts has decided the controversy in the following terms : -

“1. By way of this writ petition, the petitioner has questioned the legality of communication dated 12.6.12 of Indian Nursing Council, New Delhi, whereby the petitioner is not permitted to admit the students for B.Sc. (Nursing) Programme during the academic session 2012-13 on account of non removal of the deficiencie