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2022 DIGILAW 849 (RAJ)

Ruhi Nursing College Bhilwara, Through Its Director Chandra Singh Chouhan S/o Madan Singh Chouhan v. State Of Rajasthan, Through Its Principal Secretary, Medical And Health Department, Government Of Rajasthan, Government Secretariat, Jaipur (Rajasthan)

2022-03-11

VINIT KUMAR MATHUR

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JUDGMENT Heard learned counsel for the parties. 2. The case comes up on an application (01/22) for declaring result of students pursuing GNM third year Course from the petitioner- Institute. 3. However, since the controversy involved in the present matters is short, therefore, with the consent of learned counsel for the parties, the matters are being heard finally and disposed of by this common order. 4. The present writ petitions were filed by the petitioner Institute against the order dated 16/10/2017 and other consequential orders vide which the petitioner Institute was banned for allotment of students for admission in the course of GNM Nursing on the ground that in the Institution, certain deficiencies were found at the time of inspection. 5. The petitioner Institute filed writ petitions before this Court and this Court at the time of issuing notices in the writ petitions passed the following orders :- S.B. Civil Writ Petition No.14060/2018: 17/09/2018: Issue notice. Meanwhile, the petitioner – Institute is permitted to participate in the ongoing counselling of GNM Course but the students shall be duly informed about the ongoing litigation of the petitioner – Institute. List the matter on 10.07.2018. S.B. Civil Writ Petition No. 17009/2019: 15/11/2019 Issue notice. To be heard along with S.B. Civil Writ Petition No.6869/2018. Meanwhile, the petitioner – Institute is permitted to participate in the ongoing counselling of GNM/BSc. Nursing Course as the case may be but the students shall be duly informed about the ongoing litigation of the petitioner – Institute”. S.B. Civil Writ Petition No. 12064/2020: 09/12/2020 Mr. Manish Vyas, AAG prays for and is granted further time to file reply to the writ petition. List in the third week of January, 2021 along with SB CWP Nos. 10530/2015, 9414/2016, 11038/2017, 10031/2018, 11344/2018, 17864/2018 and 14540/2019. Meanwhile, the petitioner-institution may be provisionally permitted to participate in the counseling for allotment of the students for admission to GNM Nursing Course for the academic session 2020-21. However, inclusion of the petitioner-institution in counseling allotment of the students and the admission accorded thereto shall not create any right to equity in favour of the petitioner-institution or the students admitted and the same shall be subject to decision of this writ petition. 6. In pursuance of the interim orders granted by this Court, the petitioner – Institute granted admissions to the students in the GNM Course. 6. In pursuance of the interim orders granted by this Court, the petitioner – Institute granted admissions to the students in the GNM Course. During the pendency of the writ petitions, the ban imposed vide order dated 16/10/2017 was revoked by the State Government vide order dated 27/10/2021 on the condition that the petitioner – Institute was required to deposit bills of Laboratory, Library and Teaching Staff within a period of three months. 7. Learned counsel for the petitioner – Institute submits that in pursuance of the conditional revocation order of the State Government dated 13/01/2021, the petitioner – Institute has deposited the requisite documents before the competent authorities and removed the deficiencies pointed out during the course of inspection, and, therefore, the State Government has revoked the ban order dated 16/10/2017. On account of the deposition of the documents and removing the deficiencies pointed out during the Course of Inspection, the name of the petitioner – Institute has been reflected in the list of Institutions shown by the Rajasthan Nursing Council, Jaipur for admitting the students in GNM Course. He, therefore, submits that in view of the order passed by the State Government on 27/10/2021, the impediment created vide order dated 16/10/2017 has been removed and, therefore the students who have been admitted for pursing the said courses for the Academic Session 2018-19, 2019-20 and 2020-21 may be permitted to participate in the Examinations and they may be granted the requisite degrees and certificates for the same. Learned counsel for the petitioner – Institute has relied upon a judgment of this Court passed in S.B. Civil Writ Petition No.9804/2012 decided on 02/03/2017 in Vijaya Raje College of Nursing vs. State of Rajasthan & Ors. 8. Learned counsel for the respondents are not in a position to dispute the facts in the present case. 9. This Court in the identical set of facts has decided the controversy in the following terms : - “1. By way of this writ petition, the petitioner has questioned the legality of communication dated 12.6.12 of Indian Nursing Council, New Delhi, whereby the petitioner is not permitted to admit the students for B.Sc. (Nursing) Programme during the academic session 2012-13 on account of non removal of the deficiencies pointed out pursuant to the inspection conducted. The petitioner has also sought directions to permit it to admit the students for B.Sc. (Nursing) Programme during the academic session 2012-13 on account of non removal of the deficiencies pointed out pursuant to the inspection conducted. The petitioner has also sought directions to permit it to admit the students for B.Sc. (Nursing) Course for academic session 2012-13. 2. On 6.10.12 while issuing notices to the respondents, an interim order was passed by this court in the following terms: “In the meanwhile, the allotment of the students already made to the petitioner institution for the B.Sc. (Nursing) Course for the Academic Session 2012-13, shall not be withdrawn.” 3. Pursuant to the interim order passed as aforesaid, the students admitted to the B.Sc. (Nursing) Programme pursued their studies, appeared in the examination and by now they are in process of completing the B.Sc. (Nursing) Programme. 4. Learned counsel appearing for the petitioner contended that the petitioner institution has already been granted to conduct the B.Sc. (Nursing) Programme during the academic sessions 2013-14, 2014-15, 2015-16 and 2016-17. Suffice it to say that the deficiencies as pointed out stand removed and the petitioner institution is running the B.Sc. (Nursing) Programme under the recognition granted by the Indian Nursing Council. 5. In the considered opinion of this court, the petitioner institution having granted the recognition by the respondent Indian Nursing Council after removal of the deficiencies pointed out during the academic sessions 2013-14, 2014-15, 2015-16 and 2016-17, there is no reason why the students who have already pursued the studies of the course during the academic session 2012-13 onwards and are completing their course should be deprived of the benefits thereof merely because, at the relevant time, for a particular academic session on account of certain deficiencies the permission to conduct the course was withheld. 6. In this view of the matter, the petition is disposed of with the directions to the respondents to issue the degrees and migration certificates to the students of the petitioner institution who have pursued the studies of B.Sc. (Nursing) Course during the academic session 2012-13 pursuant to the interim order passed by this court as aforesaid and subsequent thereto on the strength of the recognition granted by the Indian Nursing Council and who after passing the examinations, have completed the course. 7. No order as to costs” 10. (Nursing) Course during the academic session 2012-13 pursuant to the interim order passed by this court as aforesaid and subsequent thereto on the strength of the recognition granted by the Indian Nursing Council and who after passing the examinations, have completed the course. 7. No order as to costs” 10. I have considered the submissions made at the Bar and the undisputed facts in the present case noted above show that for the Academic Session 2017-18 onwards for GNM Courses, the State Government passed an order on 16/10/2017 vide which, the petitioner Institute was banned for admissions and allotting students on account of certain deficiencies in the petitioner Institute. In the circumstances, the interim orders were passed in the present writ petitions in pursuance of which, the petitioner Institute had given admissions to the students who have pursued their courses. During the pendency of the writ petitions, the State Government has revoked the ban order dated 16/10/2017 and in view of the removal of the deficiencies, the name of the petitioner Institute has been included in the list issued by the Rajasthan Nursing Council, Jaipur allowing the petitioner Institute for admitting the students in GNM Course. Therefore, this Court is of the view that the students who have been admitted by the petitioner Institute in view of the interim orders passed by this Court, they may be allowed to complete their courses and the respondents are directed to issue the degrees and other certificates to the students who have completed their course for the Academic Session 2018-19, 2019-20 and 2020-21. 11. The writ petitions are disposed of in above terms. 12. No order as to costs.