Back
2024 Supreme(Online)(RJ) 9518
HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
Dr. Nupur Bhati, J
Nirwan Charitable Trust, (S.n. School Of Nursing), Shri Ganganagar – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Civil Writ Petition No. 6686/2024
For the Appellants/Petitioners: Mr. Ankur Mathur
For the Respondents: Mr. Mahender Vishnoi, Mr. Sangram Singh
Claims related to educational enrollment must be asserted in a singular legal action instead of fragmented petitions.
Headnote:(A) Writ Petition - Preliminary Objections - The petitioner sought to compel the respondents for enrollment and affiliation for GNM course and was previously involved in a related writ petition. The challenge to this subsequent petition was that it should be part of the first petition. (Para 1-6)
(B) Legal Procedure - Multiple Writs - The court reiterated the necessity to seek consequential reliefs within the same writ petitions where interim orders were already issued. (Paras 4-5)
Facts of the case:
The petitioner sought to enroll 100 students for the GNM Course and was already provisionally included by the court in previous orders.
Findings of Court:
The court held that the petitioner must pursue these claims through the earlier writ petition with liberty granted to file necessary applications.
Issues: The main question addressed was whether it was appropriate for the petitioner to file a new writ petition instead of continuing the earlier case.
Ratio Decidendi: The court determined that related claims must be maintained within a singular legal framework rather than fragmented in multiple petitions.
Result: The writ petition is dismissed.
| Table of Content |
|---|
| 1. preliminary objections raised regarding multiple petitions. (Para 1 , 4) |
| 2. court directed claims be pursued in the original petition. (Para 2 , 3 , 5 , 6) |
| 3. final decision dismissing the writ petition. (Para 7) |
1. Learned counsel for the respondents raises preliminary objection that by of earlier writ petition No.375/2023 titled as ‘Nirwan Charitable Trust Vs. State of Rajasthan & Ors.’, the petitioner made following prayers:-
- “(i) the writ petition filed by the petitioner may kindly be allowed;
- (ii) The record of the case may kindly be called for;
- (iii) It may kindly be declared that the petitioner institution is entitled to take admission of students for GNM Course for the academic session 2022-23 (2 of 4) [CW-6686/2024]
- onwards with intake capacity of 100 seats.
- (iv) The respondents may kinaly be directed to include petitioner in the list of institutions with intake capacity of 100 seats and allowed to take admission of students for GNM Course for the session 2022- 23 onwards.
- (v) The respondent be directed federation/association to recommend may the authorities for enhancement of seats and also be directed to include the petitioner institution in its counseling with intake capacity of 100 seats.
- (vi) The respondent RNC may further be directed to accept the annual Recognition fees and other fees for enhanced intake capacity of seats”
2. A Coordinate Bench of this Court vide order dated 19.01.2023 was pleased to grant the interim order by directing the respondents to provisionally including the petitioner for allotment of the students for admission to GNM Course for the academic session 2022-23 and thereafter, on account of the interim order granted by this Court, the petitioner Institute has been allotted students.
3. He further submits that the petitioner has thereafter preferred the present writ petition making consequential prayers seeking following directions from the Court for respondent – RNC:-
- “(i) the writ petition filed by the petitioner may kindly be allowed;
- (ii) The record of the case may kindly be called for;
- (iii) The respondent RNC may be directed to Enroll all 100 students of the petitioner institution admitted in Academic session 2022-23 for undertaking GNM Course;
- (iv) The respondent RNC may kindly also be directed to allow all 100 students of the petitioner institution in the upcoming examinations of GNM course and thereafter declare the result of the same;
- (v) The respondent RNC may further be directed to regularize all 100 students of the petitioner institution for undertaking GNM course;
- vi) The Respondent RNC may kindly be directed to affiliate the petitioner institution for undertaking GNM course with intake capacity of 100 seats;
- vii) The Respondent Authorities may further be directed to upload the name of the petitioner (3 of 4) [CW-6686/2024]
- institution on its official website in the list of eligible institution for undertaking GNM Course;”
4. Learned counsel for the respondents submits that the earlier writ petition No.375/2023 is still pending adjudication and thus, the petitioner ought to have made the above-said prayers in the earlier writ petition No.375/2023 and subsequent writ petition cannot be preferred by the petitioner, as the main grievance of the petitioner has already been challenged by way of the earlier writ petition.
5. Learned counsel for the respondents also places reliance upon the order dated 04.09.2023 passed in SBCWP No.11604/2024: Piyush Kumar & Ors. Vs. State of Rajasthan & Ors. & other connected matters, by Coordinate Bench of this Court, the same is reproduced hereunder:-
- “4. At this stage, Mr. Vinay Kothari learned counsel for the respondent submits that writ petitions in which the interim orders were passed for the colleges i.e. Mass College of Nursing Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.3935/2022) in SBCWP No.11604/2023; Genius College Vs. State of Rajasthan & Ors. (S.B. Civil Writ Pe
