RADHA KIRSHNA NURSING EDUCATION INSTITUTE BHILWARA v. STATE OF RAJASTHAN
2019-05-30
PUSHPENDRA SINGH BHATI
body2019
DigiLaw.ai
JUDGMENT : 1. The petitioners have preferred these writ petitions under Article 226 of the Constitution of India, in sum and substance, claiming the following reliefs: "(a) The record of the case may kindly called for; (b) The respondent RNC may be directed to recognize the students of the petitioner institute in GNM Course. (c) The respondents may also be directed to allow the students of the petitioner institute to undertake examination for batch admitted in academic session 2017- 18. (d) The respondents may further be directed to regularize the students of the petitioner institute in GNM course with due authority of law. (e) Any other appropriate writ or order or direction which is favourable to the petitioner in the facts and circumstances of the case may kindly be granted to the petitioner." 2. At the joint request of the learned counsel for the parties, therefore, they have been heard together and are being decided today itself. 3. Since the controversy involved in both the writ petitions is common, the same are decided by this common order. 4. Learned counsel for the petitioners submits that these institutes are running the present course of GNM for a pretty long time and are aggrieved by the debarment to take further admissions in Session 2017-18 as made by the State Government and the Rajasthan Nursing Council (RNC). 5. Learned counsel for the petitioners further submits that for number of sessions which the petitioners have been conducting for the GNM course, the proper permission was there and lawful admissions were granted and those students are already pursuing the courses lawfully. 6. Learned counsel for the petitioners also submits that if a chance is given to the petitioners, they shall be able to explain that the debarment of 2017-18 was not lawful and also they shall be able to establish before the respondent authorities that they have the requisite facilities and necessary parameters including infrastructure to run GNM courses. 7. Learned counsel for the petitioners further submits that even if there was an order of debarment, the same could not have been given retrospective effect. 8. Learned counsel for the petitioners further submits that they are prepared to go before the statutory authorities of Rajasthan Nursing Council (RNC) and State of Rajasthan and establish their credentials to continue the GNM Course and college in question. 9.
8. Learned counsel for the petitioners further submits that they are prepared to go before the statutory authorities of Rajasthan Nursing Council (RNC) and State of Rajasthan and establish their credentials to continue the GNM Course and college in question. 9. Learned counsel for the respondent -Rajasthan Nursing Council and the counsel representing State fairly submit that they are prepared to objectively consider the continuance of GNM Courses by the petitioners without getting prejudiced by the order of debarment already passed, which is on record. 10. After hearing learned counsel for the parties as well as perusing the record of the case, this Court deems it appropriate to direct the respondents to reconsider the complete approval/recognition of the admissions made in the year 2017-18 in light of the todays infrastructure and in light of the existing condition today. This Court further makes it clear that in case, the petitioners are able to cure any deficiency which was existing in past till today, since the academic sessions have progressed, the respondents shall be required to give the benefit to the petitioners. 11. This Court further directs that the petitioners shall move their complete and comprehensive representations within a period of seven days from today, which shall be decided by the respondent at the earliest. It is further made clear that until such decision is arrived at by the respondents, the students right to appear in the examination shall be lawfully protected by the respondents. 12. This Court also directs that in case any adverse order is passed against the institutions, then the respondents shall be immediately required to transfer and rehabilitate the students in question in lawful colleges granting them an opportunity to lawfully pursue their courses, strictly in accordance with law. 13. With the aforesaid observations and directions, the present petitions are disposed of. Stay petitions also stand disposed of accordingly.