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RAJASTHAN HIGH COURT
Vijay Bishnoi, J.
Deepshikha Kala Sansthan - Appellant
Versus
State of Rajasthan & Ors. - Respondents
Writ Misc Application No. 229 of 2021
Decided On : 15-09-2021
RECTIFICATION - WRIT PETITION - The court addressed a petition under Article 226 of the Constitution of India seeking rectification of a previous order that mistakenly included 'Post Basic' in reference to a B.Sc. Nursing course. The court interpreted the error as a bona fide mistake requiring correction, thereby clarifying the intent of the original order to facilitate the establishment of a Nursing College for a B.Sc. Nursing course without the 'Post Basic' designation.
Fact of the Case:
The petitioner-society, registered under the Rajasthan Societies Registration Act, 1958, sought a writ for the inspection of its institute to obtain permission to establish a B.Sc. Nursing course. The previous order mistakenly referred to a 'Post Basic B.Sc.(N) course'.
Finding of the Court:
The court found that the inclusion of 'Post Basic' was a bona fide error that needed rectification to reflect the true intent of the petitioner's request.
Issues: Whether the court should rectify the previous order to remove the erroneous reference to 'Post Basic' in the context of the B.Sc. Nursing course.
Ratio Decidendi: The court held that clerical or bona fide errors in judicial orders can be corrected to ensure that the orders accurately reflect the intentions of the parties involved.
Result: The court ordered the omission of the words 'Post Basic' from the order dated 11.08.2021, thereby rectifying the previous order.
JUDGMENT
Vijay Bishnoi, J. - This application under Article 226 of the Constitution of India has been preferred on behalf of the petitioner seeking rectification in the order dated 11.08.2021 passed in SBCWP No.10490/2021.
2. Learned counsel for the petitioner has submitted that the petitioner-society is registered under Rajasthan Societies Registration Act, 1958 and being aggrieved with inaction on the part of the respondents, had preferred the aforesaid writ petition, which came to be disposed of by this Court vide order dated 11.08.2021 with a direction to the respondents to inspect the petitioner-institute after the requisite formalities are completed by the petitioner, and pass appropriate order, preferably within a period of three months from the date of order.
3. Learned counsel for the petitioner has further submitted that the petitioner-institute wants to conduct B.Sc. Nursing Course and, therefore, in the above mentioned writ petition, it had only prayed that the respondents may be directed to inspect the petitioner-institute and pass appropriate orders for granting permission to establish Nursing College for B.Sc. Nursing Course. However, in first para of the order dated 11.08.2021 passed in the said writ petition, it has been observed that "The only prayer in the present petition is to inspect the petitioner-Institute and pass appropriate orders for granting permission to establish Nursing College for Post Basic B.Sc.(N) course.". It is, therefore, prayed that the words "Post Basic" recorded before "B.Sc.(N) course" may be omitted from the order dated 11.08.2021.
4. Having regard to the facts and circumstances of the case, this Court is of the opinion that the aforesaid error is nothing but a bonafide one, which requires rectification.
5. Hence, it is ordered that the words "Post Basic" mentioned before the words "B.Sc.(N) course" is omitted from the order dated 11.08.2021 passed in SBCWP No.10490/2021.
6. The application stands disposed of.
Judicial orders can be rectified to correct bona fide errors to ensure clarity and accuracy in legal proceedings.
Courts have the authority to order the correction of typographical errors in previous orders to accurately reflect the intentions of the parties involved.
Court is of firm opinion that without issuing any notice to Petitioner Institution for withdrawal of permission granted there cannot be any unilateral denial of renewal in the year 2022.
The court emphasized the need for fairness and timely action in academic evaluations, particularly when a student's future professional qualifications are at stake.
The court emphasized that denial of renewal of educational permission without providing an inspection report and opportunity to rectify deficiencies violates principles of natural justice.
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