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2023 DIGILAW 1997 (RAJ)

Saloni Institurte Of Medical Sciences, Through Its Secretary Rakesh Kumar Badala, S/o. Chothmal Badala v. State Of Rajasthan, Through Its Secretary, Medical And Health Department, Government Of Rajasthan

2023-10-18

PUSHPENDRA SINGH BHATI

body2023
ORDER : 1. The writ petitions have been preferred claiming the following reliefs : In S.B. Civil Writ Petition No. 15046/2021:- “i. The Petitioner may be granted affiliation and permitted to undertake B.Sc. Nursing course for the academic session 2021-22 and the name of the Petitioner may be included in all the rounds of counseling; ii. The Respondent authorities may kindly be directed to include the Petitioner institution in the list of institutions eligible and allowed to take admission of students for B.S.C. (N) Course for the academic session 2021-22; iii. That the Petitioner institution be declared to be entitled to take admission of students for B.Sc. (Nursing) course for the session 2021-22;” In S.B. Civil Writ Petition No. 13683/2022:- “i. The Respondent authorities may kindly be directed to enroll and register the students for B.SC. (N) Course for the academic session 2021-22; ii. That the Respondent No. 3 may be directed to upload the details of the admitted students of the Petitioner Institute on its web portal and process the enrollment of students of the Petitioner Institute for academic session 2021-22; iii. That the Respondents be further directed to permit the students to give examination and declare the results of the same.” In S.B. Civil Writ Petition No. 17991/2022:- “Quash and set aside letter dated 01.11.2022 (Annx.12) and direct the Respondents to grant affiliation to the Petitioner for the academic session 2022-23. ii. The Petitioner may be granted affiliation and permitted to undertake B.Sc. Nursing course for the academic session 2022-23 and the name of the Petitioner may be included in all the rounds of counseling; iii. The Respondent authorities may kindly be directed to include the Petitioner institution in the list of institutions eligible and allowed to take admission of students for B.SC. (N) Course for the academic session 2022-23; iv. That the Respondent No. 3 may be directed to upload the details of the admitted students of the Petitioner Institute on its web portal and process the enrollment of students of the Petitioner Institute for academic session 2022-23; V. That the Respondents be further directed to permit the students to give examination and declare the results of the same.” In S.B. Civil Writ Petition No. 10376/2023 :- “i. The Petitioner may be granted affiliation and permitted to undertake B.Sc. Nursing course for the academic session 2023-24 and the name of the Petitioner may be included in all the rounds of counseling; ii. The Respondent authorities may kindly be directed to include the Petitioner institution in the list of institutions eligible and allowed to take admission of students for B.SC. (N) Course for the academic session 2023-24; iii. That the Respondent No. 3 may be directed to upload the details of the admitted students of the Petitioner Institute on its web portal and process the enrollment of students of the Petitioner Institute for academic session 2023-24; iv. That the Respondents be further directed to permit the students to give examination and declare the results of the same.” 2. The bone of contention in the present matter is the NOC pertaining to B.Sc. (N) Course, for which, the petitioner-Institution was given by the State in year 2008. In pursuance of the NOC, the petitioner-institution has been running B.Sc. Nursing Course 200910 onwards until 2013-14. Meanwhile an Anti Corruption Bureau proceedings were started against the petitioner-Institution, after lodging the FIR bearing No.165/2015 for the offences under Sections 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 read with Section 120-B of IPC. In pursuance of the Anti Corruption Bureau proceedings, the petitioner-Institution was debarred from granting admission to the students for B.Sc. Nursing Course from the Session 2014-15 onwards, for which, the petitioner-Institution filed a writ petition bearing S.B. Civil Writ Petition No.898/2015 for challenging the communication dated 28.08.2014. 3. This Court, vide order dated 20.01.2015, stayed the proceedings of order dated 28.08.2014, and thus, the petitioner-Institution continued to undertake B.Sc. Nursing Course provisionally. The Anti Corruption Bureau, Chittorgarh, meanwhile, submitted a final negative report on 06.05.2016 holding that the charges are not proved. Thus, the petition earlier filed, which was S.B. Civil Writ Petition No.898/2015 was disposed of on 28.03.2017, while quashing the order dated 28.08.2014, which debarred the petitioner-Institution from taking the students. 4. The petitioner-Institution wrote a letter to the respondents seeking permission for allotment of students for the B.Sc. Nursing Course for academic session 2019-20, but it was not including in the list of eligible institutes, this Hon’ble Court, thereafter, vide order dated 14.11.2019, allowed the petitioner-Institution to take students for the academic year 2019-20. 4. The petitioner-Institution wrote a letter to the respondents seeking permission for allotment of students for the B.Sc. Nursing Course for academic session 2019-20, but it was not including in the list of eligible institutes, this Hon’ble Court, thereafter, vide order dated 14.11.2019, allowed the petitioner-Institution to take students for the academic year 2019-20. Thereafter, the petitioner-Institution again made efforts for the next sessions i.e. 2020-21, 2021-22, 2022-23 and now 2023-24, all these writ petitions have been filed with the aforesaid prayers and all these writ petitions except for session 2023-24 provisional permission to run the B.Sc. Nursing Course by taking the students as per the NOC granted by the State was permitted and such students are underwent/undergoing for the necessary courses. 5. This Court while deciding the writ petition No.16945/2019, passed the following order on 22.04.2023:- “The present writ petition is filed by the petitioner with the following prayers:- “i. The Petitioner may be permitted to undertake B.Sc. Nursing course for the academic session 2019-20 and the name of the Petitioner may be included in all the rounds of counseling; ii. The Respondent authorities may kindly be directed to include the Petitioner institution in the list of institutions eligible and allowed to take admission of students for B.SC. (N) Course for the academic session 2019-20; iii. That the Petitioner institution be declared to be entitled to take admission of students for B.Sc. (Nursing) course for the session 2019-20; iv. The Respondents may also be directed to allow the students of the Petitioner institute to undertake examination for batch admitted in academic session 2019-20; v. Any other appropriate relief which this Hon’ble Court deems just and proper in the facts and circumstances of the case may kindly be passed in favour of the Petitioner.” Learned counsel for the petitioner submits that in the light of the interim order passed by this Court on 14.11.2019, the students were admitted and they have almost completed their courses. He further submits that the present writ petition was filed for including the name of the petitioner in the counseling for the academic session 2019-20 as the debarment of the petitioner-Institute was on account of the fact that one ACD case was filed against the petitioner-Institute and, therefore, the petitioner-Institute was not listed for counseling. He further submits that the present writ petition was filed for including the name of the petitioner in the counseling for the academic session 2019-20 as the debarment of the petitioner-Institute was on account of the fact that one ACD case was filed against the petitioner-Institute and, therefore, the petitioner-Institute was not listed for counseling. Learned counsel further submits that during the pendency of the present writ petition, the negative final report has been filed against the petitioner-Institute and, therefore, the impediment of the pendency of the ACD case no more survives against it. Per contra, learned counsel for the respondents submit that the petitioner-Institute has not complied with the conditions i.e. of filing the application, approaching the respondents by depositing the fees, etc., therefore, respondents were well within their rights not to include the name of the petitioner-Institute in the list for counseling. I have considered the submissions made at the Bar and gone through the requisite documents of the writ petition. It is noted that neither the respondents have passed any formal order for debarring the petitioner from counseling nor any reasons have been mentioned pointing out the infirmities for non-inclusion of the petitioner-Institute in counseling. In these circumstances, the present writ petition is disposed of with a direction to the petitioner to approach the respondents afresh by way of filing the appropriate application in accordance with the rules. The application/representation will be submitted by the petitioner within a period of two weeks from today. If the said application/representation is filed within the stipulated period, the respondents shall consider and decide the same within a period of six weeks from the date of receipt of the same by passing a speaking order. It is made clear that if the petitioner-Institute does not fulfill the criteria laid down in the Rules for undertaking the courses, then the respondents will pass a reasoned and speaking order strictly in accordance with law. The interim order passed by this Court on 14.11.2019 is made absolute. It is further made clear that if any amount is due to the petitioner for the preceding years, the same will be informed by the respondents to the petitioner-Institute who will deposit the same, if the same has not been deposited.” 6. Mr. Mahendra Vishnoi & Dr. The interim order passed by this Court on 14.11.2019 is made absolute. It is further made clear that if any amount is due to the petitioner for the preceding years, the same will be informed by the respondents to the petitioner-Institute who will deposit the same, if the same has not been deposited.” 6. Mr. Mahendra Vishnoi & Dr. Mohit Singhvi, learned counsel appearing on behalf of the RUHS, at this Juncture, vehemently submit that in accordance with the aforesaid order dated 22.04.2023, the petitioner-institution is to deposit the fee for the preceding years and then only further adjudication/consideration for the future courses ought to be done. 7. Upon such submission, Mr. Mardia, learned counsel for the petitioner makes a statement that the petitioner undertakes to make the complete payment of due fee i.e. Rs.24,39,000/-within a period of 30 days from today to the respective authorities. 8. Since there is no other objection remaining, as the orders of debarment has already been quashed by this Hon’ble Court and the earlier sessions have already been regularized by this Hon’ble Court in the aforequoted order, therefore, the present writ petitions deserve to be disposed of, while also taken into consideration that it is an admitted position that there is no debarment order in holding the currency at present. 9. It is also most pertinent to note that while the State was directed to decide the representation of the petitioner-institution by an interim order passed in one of the writ petitions, the State has taken a considered decision and has continued the NOC by passing a conscious order, which results into a definite stand of the State that the petitioner-institution as on today has a valid NOC. The order dated 19.10.2023 for continuance of the valid NOC, which is said to be in consonance with the new policy dated 07.06.2022, is taken on record. 10. In view of above, the petitioner-institution is directed to deposit the complete due fee as undertaken. The interim orders made allowing the petitioners/students in various sessions from 2019 to 2022-23 with scholarship, enrollments, revaluations & examinations benefits shall be allowed. The petitioner-Institution shall also be allowed to take the students for the academic sessions 2023-24, in accordance with the NOC granted by the State on 19.10.2023. 11. The interim orders made allowing the petitioners/students in various sessions from 2019 to 2022-23 with scholarship, enrollments, revaluations & examinations benefits shall be allowed. The petitioner-Institution shall also be allowed to take the students for the academic sessions 2023-24, in accordance with the NOC granted by the State on 19.10.2023. 11. Thus, it is categorically held that as on today, the petitioner-institution has a complete legal status of NOC upto the Session of 2023-24 and until the NOC granted by the State vide order dated 19.10.2023 remains in currency. All the legal benefits shall be accordingly granted to the petitioner-institution as well as its students. 12. The present petitions stand disposed of accordingly. All pending applications also stand disposed of.