Non-disclosure of previous dismissal and objectionable conduct of the petitioner-institution led to the dismissal of the writ petition and imposition of a significant cost.

ORDER

1. This writ petition is filed by the petitioner-institution seeking the following reliefs :-

I. This is most humbly prayed that by an appropriate writ, order of direction notices dated 27.01.2022 (Annex.-3), 29.01.2022 (Annex.-4), 01.02.2022 (Annex.-6) and notice (unrated) received on 01.02.2022 (Annex.-7) may kindly be quashed and set aside.

II. This is most humbly prayed that by an appropriate writ, order or direction the consequential proceedings caused due to the notices dated 27.01.2022, 29.01.2022, 01.02.2022 and notice (unrated) received on 01.02.2022 may kindly be quashed and set aside.

III. The petitioner may be permitted to undertake B.Sc.(N), P.B.Sc. And M.Sc. Course for the academic session 2021-22 and the name of the petitioner may be included in all the rounds of counseling;

IV. The Respondent authorities may kindly be directed to include the petitioner institution in the list of institution eligible and allowed to take admission of students for B.Sc.(N) Course for the academic session 2021-22.

V. That the petitioner institution be declared to be entitled to take admission of students for B.Sc.(N) course for the session 2021-22;

VI. That the Respondent No.5 Federation may be directed to include the name of the petitioner's institute for counseling sessions for the academic session 2021-22.

VII. This is most humbly prayed that by an appropriate writ, order of direction, the Respondents be restrained to disaffiliate the petitioner institution in the interest of the students and faculty staff therein.

VIII. Any other writ or direction which the Hon'ble court deem fit and proper in the interest of justice may be passed in favor of the petitioner and further the cost of the writ petition may kindly be awarded in favor of the petitioner.

2. Learned counsel Mr. Virendra Lodha, Sr. Adv assisted by Mr. Abhinav Jain appearing on behalf of the respondent No.2 - Rajasthan University of Health Sciences has made a preliminary objection regarding maintainability of the writ petition. It is submitted that the petitioner-institution has also filed a writ petition being SBCWP No.2687/2022 before this Court at Jaipur Bench praying for similar reliefs and the said writ petition came to be dismissed as withdrawn vide order dated 26.4.2022 with liberty to the petitioner to file a fresh writ petition in view of subsequent developments. It is further submitted that now this fresh writ petition is filed by the petitioner-institution at the Principal Seat of the High Court, Jodhpur without disclosing that earlier writ petition filed on behalf of the petitioner-institution seeking similar reliefs has already been dismissed by this Court at Jaipur Bench as having been withdrawn.

3. Mr. Lodha, learned Senior Advocate has argued that the conduct of the petitioner-institution is objectionable and condemnable as the petitioner-institution has filed successive writ petitions without disclosing the fact that earlier, the writ petition filed by it seeking similar reliefs has already been dismissed though as withdrawn.

4. Mr. Lodha, learned Senior Advocate has also informed this Court that another writ petition being SBCWP No.5254/2022 titled as Prince Meena & Ors. vs. State of Rajasthan & Ors. has also been preferred on behalf of the students of the petitioner- institution wherein, they have also prayed for granting similar reliefs as prayed in this writ petition as well as in the earlier writ petition filed by the petitioner-institution before this Court at Jaipur Bench.

5. Mr. Lodha, learned Senior Advocate has also informed that in SBCWP No.5254/2022, the learned Single Judge at Jaipur Bench has issued notices on 06.05.2022 and the next date fixed in the matter is 26.05.2022. It is further submitted that in the above- referred writ petition, the petitioner - institution has also been made party respondent No.6.

6. Learned counsel Mr. Shreyansh Mardia appearing on behalf of the petitioner has categorically made a statement that he is not aware of the f