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2015 DIGILAW 730 (RAJ)

R. R. College of Nursing v. State of Rajasthan

2015-03-27

AJIT SINGH, SUNIL AMBWANI

body2015
JUDGMENT : 1. On 10.02.2015, after considering the arguments raised by learned counsel appearing for the appellant, a long and detailed order was passed, by which the directions were issued as follows: “In the present case, we find that after the inspection report of the Court Commissioner, who was accompanied by Joint Director of the Medical & Health Department, and two technical members nominated by the RNC was submitted, the petitioner was allowed to withdraw the writ petition. In the circumstances and on the facts pointed out in the report of the Advocate Commissioner, the College is not entitled for admission of fresh students for the year 2014 or in the year 2015. The information given with regard to parent hospital and affiliated hospital in the inspection report of the Court Commissioner, and the information furnished to the INC on-line, do not tally. In the Commissioner's report, there is reference of only one 50 bedded parent hospital, which is being run by one of the executive members of the Society, and is not owned by the Society. Be that as it may. We find that the matters of adequacy of infrastructure and facilities for training nurses, must be left with the INC, which is the expert body. The Court, or the police, should not ordinarily try to find out whether the infrastructure and the facilities are available, in accordance with the requirements of the INC. In our view, instead of running away from the Court, when the inspection report was submitted, the appellant-College should have applied for fresh inspections by the INC, and if it was not carried out, an application should have been filed in the Court, to request the INC, to take out inspections. Considering the importance of the matter and the number of students who are already studying, we find it appropriate to direct that, in case the appellant- College applies for inspection along with requisite fees and all the information which have been furnished by it on-line, as well as a certified copy of the report of the Court Commissioner, the INC will consider to carry out inspection, as early as possible, and preferably within six weeks. The report submitted by the INC, will be filed along with an affidavit in the Court for further orders.” 2. The report submitted by the INC, will be filed along with an affidavit in the Court for further orders.” 2. Today when the matter is taken up, learned counsel appearing for the appellant states that after the aforesaid order, the State Government, as on 04.03.2015, constituted 10 teams of the officers to make inspections of the Nursing Colleges in the State of Rajasthan. He has relied on the interim orders passed by learned Single Judge in S.B.Civil Writ Petition No.178/2015 [Mahatma Gandhi Seva Sansthan vs. State of Rajasthan & Ors.] on 16.01.2015, to submit that considering the irregularity found by the Anti-Corruption Bureau, Jaipur, the teams have been constituted for inspections. It is submitted that since an order has now been passed by the State Government to make inspections, the appellant is awaiting for the inspection to be carried out by the State Government, and thus the order dated 10.02.2015 passed by this Court, could not be complied with. 3. We find that the appellant is deliberately trying to avoid inspection of the College by the Indian Nursing Council. Earlier when the inspection was directed, he withdrew the writ petition, and thereafter in the present case, when this Court has given another opportunity to the appellant to get the inspection done by the Indian Nursing Council, in the facts and circumstances, in which the State Government had not permitted admission to the students in the college, he has taken a plea that since the State Government did not pass the orders to carry out the inspections, he could not get the inspection done, in compliance of order dated 10.02.2015. 4. We find that the conduct of the appellant, does not entitle it for any relief. The appellant has openly and with malafide intentions, failed to comply with the orders passed by this Court for its benefit. The object of avoiding inspection of the India Nursing Council repeatedly does not entitle it to any relief from this Court. 5. The Special Appeal is dismissed. The State Government is directed not to allow admission of any student for admission to the R.R. College of Nursing, Ajmer for the years in question.