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2024 DIGILAW 257 (RAJ)

Chandra Prakash Jeengar v. State of Rajasthan

2024-02-12

NUPUR BHATI

body2024
ORDER Nupur Bhati, J. - The writ petition has been preferred claiming the following reliefs:- "It is therefore, humbly prayed, that this writ petition may kindly be allowed and:- i. by an appropriate writ, order or direction, it may be declared that the admission of the petitioners in GNM course in the respondent no.3 institution is just, valid, and legal; ii. by an appropriate writ, order or direction, the respondent no.2 may kindly be directed to accept the examination forms of the petitioners for GNM 1st Yr. Exam-2022 and allow the petitioners to participate in the said examination scheduled to be held from 27.04.2022 and further to pursue their GNM course with all consequential directions; iii. Any other appropriate order or direction, which this Hon'ble Court considers just and proper in the facts and circumstances of this case, may kindly be passed in favour of the petitioners. iv. Costs of the writ petition may kindly be awarded to the petitioners." 2. This Court, vide order dated 21.04.2022, directed the respondents to accept the examination forms of the petitioner-students for General Nursing and Midwifery (hereinafter "GNM") 1st Year Course, Academic Year 2020-2021 and to allow them to provisionally participate in the examination scheduled for the same. 3. Subsequently, this Court vide order dated 17.05.2023, while disposing of the second stay application (Application No. 5879/2020), permitted the petitioners to provisionally appear in the GNM 2nd Year Course Examination. 4. All of the aforesaid orders explicitly stated that no right/ equity shall be created in favour of the student-petitioners, as a consequence of the permissions so granted to them. 5. Mr. Akhilesh Rajpurohit, learned counsel appearing for Respondent no.3 submitted that the State Government permitted the concerned Medical Colleges for intake of 100 students for admission every year in the GNM Course, vide order dated 28.02.2007. And that the Indian Nursing Counsel also granted permission to the respondent no. 3-college for intake of 100 seats for admission for each academic session from time to time. However, that the Rajasthan Nursing Council vide order dated 20.10.2008 granted the respondent no. 3-college, the approval for the admission of 60 students only in the GNM Course. 6. And that the Indian Nursing Counsel also granted permission to the respondent no. 3-college for intake of 100 seats for admission for each academic session from time to time. However, that the Rajasthan Nursing Council vide order dated 20.10.2008 granted the respondent no. 3-college, the approval for the admission of 60 students only in the GNM Course. 6. It was further submitted that the dispute with regard to the said intake capacity of students was pending consideration before this Court, and that during the pendency of the petition, the State Government vide order dated 16.08.2022 granted a No Objection Certificate permitting the institution to continue functioning with its intake of 100 students. 7. It was also submitted that the Rajasthan Nursing Council, vide order dated 19.10.2022, clarified its position that the original order passed by it stood amended to the extent of granting permission for affiliation for 100 seats. And that vide amended order dated 20.10.2022, the Rajasthan Nursing Council issued affiliation/recognition for intake of 100 seats for the academic sessions 2022-2023 as well. 8. It was further submitted that on account of the changed circumstances; vide the amended order dated 20.10.2022 of the Rajasthan Nursing Council, Jaipur whereby the seats were increased from 60 to 100 for the respondent no.3 college, and that all the student-petitioners are currently pursuing their GNM Final Year Course, therefore, they be treated as eligible students for the purpose of continuing with the GNM Final Year Course, with the respondent no.3-college. 9. Heard learned counsel for the parties, as well as perused the record of the case. 10. As an upshot of the above discussion, this Court finds that interim orders have been granted in favour of the student-petitioners, and that this Court directed the respondents to declare the results of the student-petitioners for the GNM Course. 11. This Court also finds that vide the amended order dated 20.10.2022, a conscious decision has been taken by the Rajasthan Nursing Council, Jaipur to grant temporary affiliation/recognition for 100 seats in the respondent no.3. 12. 11. This Court also finds that vide the amended order dated 20.10.2022, a conscious decision has been taken by the Rajasthan Nursing Council, Jaipur to grant temporary affiliation/recognition for 100 seats in the respondent no.3. 12. This Court is thus of the view that on account of the changed circumstances; as the amended order dated 20.10.2022 has been passed by the Rajasthan Nursing Council, Jaipur, whereby a conscious decision has been taken to grant temporary affiliation/recognition for 100 seats in the respondent no.3 and, looking into the facts and circumstances as stated hereinabove, that the student-petitioners are presently pursuing their GNM Final Year Course, and have been granted interim protection vide the orders dated 21.04.2022 and 17.05.2023 respectively, passed by this Court in favour of the student-petitioners, it would in the interest of justice to direct the respondent no.2 and 3 to permit the student-petitioners to continue with their GNM Final Year Course, and to also permit them to appear in the GNM Final Course Examination, as and when held, and to declare the results of the student-petitioners for the same, accordingly. 13. With the aforesaid directions, the present writ petition stands disposed of. Accordingly, all pending applications also stand disposed of. 14. No order as to costs.