ANOOP KUMAR DHAND
Rajasthan Private Nursing Schools and Colleges Federation, through its Authorised Representative Mr. Jai Narayan Meena – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. These two writ petitions, brought under Article 226 of the Constitution of India, involve common question of law and facts, hence, with the consent of the counsel for the parties, arguments are heard together and both these matters are decided by this common order. For convenience, the facts as well as the prayer of S.B. Civil Writ Petition No. 7869/2023 is taken into consideration.
2. The instant writ petition has been filed by the petitioner with the following prayer:-
2. To restrain the respondents from interfering with the 50% quota of the Petitioner federation for admitting students in its member colleges.”
RIVAL SUBMISSIONS:
3. Learned counsel for the petitioners submits that as per the directions issued by the Hon’ble Apex Court on several Occasions, a practice is being followed by the State permitting the College Federation for granting admission on 50% seats of different discipline e.g. General Nursing & Midwifery (GNM), Bachelors of Science in Nursing, Post Bachelors of Science in Nursing and Masters of Science in Nursing. Counsel submits that an order in t
P.A. Inamdar and Others Vs. State of Maharashtra and others reported in (2005) 6 SCC 537
K.V. Rajalakshmiah Setty vs. State of Mysore reported in AIR 1967 SC 993
Food Corporation of India v. Kamdhenu Cattle Feed Industries reported in (1993) 1 SCC 71
Union of India v. Hindustan Development Corpn.
FCI Vs. Kamdhenu Cattle Feed Industries
National Buildings Construction Corpn. Vs. S. Raghunathan and Ors.
The restriction imposed by the 2016 Rules on the right guaranteed under Article 19(1)(g) is reasonable and thus saved by clause (6) of Article 19.
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The main legal point established in the judgment is that the State cannot impose a limit on the admission of students from the minority community to an unaided minority professional institution, as e....
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