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2022 Supreme(Raj) 1108

MAHENDAR KUMAR GOYAL
Mohit Katara – Appellant
Versus
Rajasthan University Of Health Sciences, Jaipur – Respondent


Advocates appeared:
Mr. Sunil Kumar Singodiya, Mr. Hemant Taylor, Mr. Prakhar, Sharma, Ms. Komal Kumari Giri, Mr. Arvind Kumar Arora, Mr. Bajrang, Sepat, Mr. Salim Khan, Mr. Arafat, Hussain, Mr. Tushar Panwar, Mr. Sultan Singh Kuri,Advocates., for the Petitioner
Mr. Virendra Lodha, Sr. Adv. with Mr. Raunak Singhvi & Mr. Rachit Sharma, Advocates., for the Respondent

JUDGMENT

1. Since, these writ petitions share common facts and questions of law, they have been heard together and are being decided vide this common order.

2. In all these cases, the petitioners, who are students of B.Sc. (Nursing) four years course, were admitted in the course in the year 2013. They are aggrieved of the action of the respondent, Rajasthan University of Health Sciences (for brevity- 'RUHS') whereby, they have been denied permission to write the remaining papers(s) of B.Sc. (Nursing) course, examination-2022.

3. The contention of the learned counsels for the petitioners is that since, after their admission in the year 2013, examination for the first time took place in the year 2015 and not in the year 2014, the Ordinance, 299-V-10 does not come in way of permitting them to write the remaining papers(s) in the examination-2022. They submit that although, the judgment of a co-ordinate Bench of this Court in case of Fauran Singh v. RUHS and Anr.: S.B. Civil Writ Petition No.10298/2019 and other connected matters, has been stayed by a Division Bench of this Court in D.B. Special Appeal Writ No.77/2021; but, since mere stay does not wipe out its effect as the special appea

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