Rajasthan High Court - Jodhpur
Ramavatar Singh vs State Of Rajasthan And Ors on 25 January, 2022
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 323/2018
Ramavatar Singh S/o Shri Deewan Singh, Presently Under
Training General Nursing And Midwifery Course In School Of
Nursing, Mahatma Gandhi Hospital, Jodhpur Rajasthan.
----Petitioner
Versus
1. The State Of Rajasthan Through Joint Director Training,
Medical And Health Services, Rajasthan, Jaipur Rajasthan.
2. Registrar, Rajasthan Nursing Council, B-39, Sardar Patel
Marg C Scheme, Jaipur Raj..
3. Principal, School Of Nursing, Mahatma Gandhi Hospital,
Jodhpur Rajasthan.
----Respondents
For Petitioner(s) : Mr. Suryadeep Bishnoi on VC
For Respondent(s) : Ms. Vandana Bhansali on Vc
Mr. Mahendra Bishnoi on VC
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order 25/01/2022 In wake of instant surge in COVID-19 cases and spread of its highly infectious Omicron variant, lawyers have been advised to refrain from coming to the Courts.
The petitioner has preferred this writ petition claiming the following relief:
"1. By an appropriate writ, order or direction, the respondents may kindly be directed to allow the petitioner to fill-up his application form, appear in the third year GNM supplementary examination and thereafter undergo his internship of six months.
2. Any other appropriate relief which this Hon'ble High Court deems just and proper may kindly be granted in favour of the petitioner. "
The bone of contention is the GNM Course and the petitioner completed his GNM course by virtue of the interim orders granted (Downloaded on 28/01/2022 at 08:27:03 PM) (2 of 3) [CW-323/2018] by a coordinate Bench of this Court on 08.01.2018 and 30.08.2018. This Hon'ble Court taking a lenient view of the fact that the petitioner is a young boy and a student has virtually allowed the petitioner to complete the GNM Course and accordingly, he cleared the same on 06.03.2019.
At the outset, Ms. Vandana Bhansali and Mr. Mahendra Bishnoi, learned counsel for the respondents submit that the petitioner took first admission in the year 2012 and as per the strict guidelines, he was supposed to complete his GNM Course within 7 years, which was outer limit of completing the same whereas the GNM Course is itself three and a half years.
Learned counsel for the respondents further submits that in year 2019, the seven years have to come an end and petitioner despite having clearing his examination on 06.03.2019 has not approached the respondents for his Internship in question. It is also contended by learned counsel for the respondents that first effort by the petitioner to reach the respondents for Internship was of 05.05.2021 and that too not on physical mode but through correspondence.
Learned counsel for the petitioner, however, submits that a lenient view ought to be taken by this Court, as the petitioner has supplied reasons for not approaching the respondents for Internship, as his father was not well and thereafter, the Covid period came, therefore, the petitioner could not approach the respondents in time for the Internship in question. Learned counsel for the petitioner also submitted that the petitioner had in fact approached the respondent-college and it was assured that when time comes, his Internship will be allowed. (Downloaded on 28/01/2022 at 08:27:03 PM)
(3 of 3) [CW-323/2018] This Court, after hearing the learned counsel for the parties and perusing the record of the case, accepts the proposition of the learned counsel for the respondent that the matter pertains to medical education, which cannot be permitted in breach of the norms, as it involves expertise which is required for saving the human lives and making necessary treatment and the outer limit of seven years for completing the GNM Course, which is actually three and a half years is a settled norm and admittedly, the petitioner's admission took place in 2012 and in year 2019, seven years come to an end.
This Court is peeved that a young student when he got relief from this Court to appear in the examination and the interim order enabled him to complete his GNM Course, but he could not make use of such orders and he himself due to his complacent attitude did not approach the respondents for Internship in question form 06.03.2019 to 05.05.2021. The attitude of the petitioner even after he was given the relief of appearing in the examination and permitted to do the said course, has failed to maintain the minimum discipline required for a form of medical education, which is a GNM Course.
In view of the above, no cause of further interference is made out in the present petition, hence, the same is accordingly dismissed.
All pending applications also stand dismissed accordingly.
(DR.PUSHPENDRA SINGH BHATI),J.
102-Sudheer/-
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