HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR S.B. Civil Writ Petition No. 1480/2025 Saloni Institute Of Medical Sciences ----Petitioner Versus The State Of Rajasthan ----Respondent For Petitioner(s) : Mr. Shreyansh Mardia For Respondent(s) : Mr. Mahendra Bishnoi HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

25/02/2025

1. Heard learned counsel for the parties.

2. Although the present writ petition has been filed with the prayers that (i) the respondent No.3 may be directed to conduct further rounds of counselling for B.Sc.(N) course for the academic session 2024-25, ensuring complete occupancy of vacant seats available in the institutions, including the Petitioner’s institution, and/or (ii) The respondents may be directed to grant one more month to admit students by the petitioner Institutions at their own and; (iii) That the Respondent no.4 (Private Federation) may be directed to allot students to the petitioner’s Institute on vacant seats; (iv) The Respondent no.3 may be directed to grant the affiliation to the petitioner for the academic session 2024-25 and ensuing sessions as per order dated 27.08.2024 (Annex.11) but learned counsel for the petitioner-Institution submits that prayers, sought for in this writ petition, cannot be granted at this stage as counselling for academic session 2024-25 has already been completed. Learned counsel submits that despite there being positive directions from a Coordinate Bench of this Court, the respondents are bent upon to withhold the affiliation of the petitioner-Institution for academic session 2024-25. The petitioner-Institution has not been granted affiliation till date. Learned counsel submits that because name of the petitioner Institution was not included in the provisional list before starting the first round of counselling for Bsc Nursing Course, he could not fill-in the complete number of posts available with the petitioner- Institution. Learned counsel submits that without there being any plausible reason, name of the petitioner-Institution was excluded before starting of the first round of counselling and its name was included on the last date of the first round of counselling. Learned counsel submits that on account of allowing the petitioner- Institution to participate in the counselling on the last date of first counselling, the Institution was unable to fill-in its allotted seats. Learned counsel further submits that even in the list of Institutions permitted for participating in the counselling, in front of name of the petitioner-Institution, it has been mentioned that subject to final decision of the Hon’ble High Court, the mentioning of the same was wholly irrelevant for the reason that the Hon’ble High Court had already disposed of the matter on 27.08.2024. Learned counsel further submits that on account of the inaction on the part of the respondent – RUHS, five seats remained vacant in the petitioner-Institution and the petitioner-Institution will have to bear the loss for the same. He, therefore, prays that the respondent RUHS may be directed to suitably compensate the petitioner-Institution for the loss caused to it on account of inaction on their part and appropriate contempt proceedings may be initiated for non-compliance of the order passed by this Court.

3. Learned counsel for the respondent RUHS very fairly submits that after the decision of this Court dated 27.08.2024, the first round of counselling began in the month of October, 2024 and the name of the petitioner-Institution was not included before starting the counselling. Learned counsel submits that the name of the petitioner-Institution was included on the last day of the first round of counselling. He further submits that he cannot offer any plausible explanation for not granting the affiliation to the petitioner-Institution till date despite the order having been passed in favour of the petitioner-Institution on 27.08.2024. On a pointed query being raised by the Court to the learned counsel for the res