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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Vijay Bishnoi, J.
K.B.S. Education Trust – Appellant
Versus
State Of Rajasthan & Ors. – Respondents
S.B. Writ Miscellaneous Application No. 101 of 2022
Decided On : 13-04-2022
Rectification - Correction of Order - The court ordered the correction of a typographical error in the previous order to accurately reflect the petitioner's intention to establish a Nursing College for GNM Course.
Fact of the Case:
The petitioner sought correction in the order to reflect the intention to establish a Nursing College for GNM Course.
Finding of the Court:
The court found that there was a typographical error in the previous order, and it ordered the correction to accurately reflect the petitioner's intention.
Issues: Correction of Order, Establishment of Nursing College for GNM Course
Ratio Decidendi: The court's decision was based on the recognition of a typographical error and the intention of the petitioner to establish a Nursing College for GNM Course.
Final Decision: The court ordered the correction of the typographical error in the previous order and extended the time for the petitioner to file the application for establishing the Nursing College for GNM Course.
JUDGMENT
Vijay Bishnoi, J. - This application under article 226 of the Constitution of India is preferred on behalf of the petitioner seeking correction in the order dated 04.03.2022 passed by this Court in SBCWP No.3309/2022, whereby the said writ petition has been disposed of.
2. Learned counsel for the petitioner has submitted that the petitioner-Institute preferred the aforesaid writ petition with a prayer that the respondent authorities may be directed to grant NOC to it by inspecting the infrastructure for establishment of GNM Course, however, inadvertently the course of B.Sc. (N) has wrongly been mentioned in the order dated 04.03.2022 and this inadvertent mistake may be rectified.
3. Having considered the overall facts and circumstances of the case, this Court is of the opinion that the petitioner-Institute is willing to establish Nursing College for GNM Course, however, due to typographical error, the course 'B.Sc.(N)' has wrongly been mentioned in the order dated 04.03.2022 and the same requires rectification/modification.
4. Hence, it is ordered that in place of the course 'B.Sc. (N)' mentioned in the order dated 04.03.2022 passed in SBCWP No.3309/2022, the course 'GNM' be read.
5. It is made clear that the time to file application granted to the petitioner-Institution seeking permission for establishing Nursing College for conducting GNM(N) Course is extended for further three weeks from today. If such application is filed by the petitioner-Institution, it is expected that the respondents shall consider and decide the same by an appropriate order within a period of three months thereafter, after conducting necessary inspection, subject to the condition that the petitioner-Institution has completed all the other requisite formalities.
6. The application stands disposed of.
Courts have the authority to order the correction of typographical errors in previous orders to accurately reflect the intentions of the parties involved.
Judicial orders can be rectified to correct bona fide errors to ensure clarity and accuracy in legal proceedings.
An institution that upgrades from a General Nursing and Midwifery course to a B.Sc. Nursing course is prohibited from reopening the GNM course under current regulations.
Institutions upgraded from General Nursing and Midwifery (GNM) courses to B.Sc. Nursing cannot simultaneously operate GNM courses due to regulatory compliance requirements.
Courts may rectify bonafide mistakes in cause titles to ensure accuracy and fairness in legal proceedings.
The main legal point established in the judgment is that the authorities must consider and process pending applications within a reasonable time, especially when conflicting decisions and communicati....
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