Rajasthan High Court - Jaipur
Ganpati Keshyo Rai College Of Nursing vs Secretary Medical And Health ... on 24 February, 2022
Author: Inderjeet Singh
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 1365/2022
Ganpati Keshyo Rai College Of Nursing
----Petitioner
Versus
Secretary Medical And Health (Group-3), Department
----Respondent
For Petitioner(s) : Mr. Rakesh Kumar
For Respondent(s) : Mr. Ravi Chirania
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
24/02/2022
Counsel for the petitioner submits that the issue involved in
this writ petition has been considered by the Co-ordinate Bench of
this Court in the matter of Saket Nursing College Vs. Secretary,
Medical and Health (Group-3) Department (S.B. Civil Writ Petition
No. 471/2020) wherein on 09.01.2020 following order was
passed;
"Learned counsel for the petitioner
submitted that the petitioner- Institution applied for grant of NOC before the State Government for starting Post Basic B.Sc. Nursing Course.
Learned counsel for the petitioner informs this Court that initially the inspection was carried out by the Rajasthan Nursing Council (hereafter 'RNC') and after objections being raised and same being satisfied by the petitioner-Institution, finally the State Government issued NOC vide its order dated 20.12.2019. Learned counsel further informs this Court that at the time of making application for NOC, the petitioner- Institution in fact had also deposited the affiliation fee initially for Academic Session 2018-19 and then for 2019-2020.
(Downloaded on 02/03/2022 at 08:51:00 PM)(2 of 3) [CW-1365/2022] Learned counsel for the petitioner submitted that while submitting the application dated 27.12.2018 before the University, the list of documents included the transaction slip, approval/NOC of the State Government and inspection format (duly filled-in) alongwith all requisite documents.
Learned counsel submitted that the petitioner Institution now has NOC in its favour and the inspection also being carried out by RNC but the petitioner-Institution has denied to participate in third round of counselling.
Per contra, Mr.Ravi Chirania, learned counsel for the respondent-University submitted that the petitioner- Institution cannot be included in the counselling process as the petitionerInstitution has been granted NOC by the State Government on 20.12.2019 and as such the first and second round of counselling are also over, and as such the petitioner is not entitled to participate in the third round of counselling.
I have heard the learned counsel for the parties and perused the material available on record.
This Court, as an interim measure, permits the petitioner-Institution to participate in the third round of counselling, if same is decided to be conducted by the Rajasthan University for Health and Sciences. The participation of petitioner- Institution in the counselling will be subject to fulfillment of conditions by the University for such Institution which imparts training in Post Basic B.Sc. Nursing Course. The University is within its domain to carry out the necessary exercise after application is submitted by the petitioner alongwith requisite fee, if any. The participation of the petitioner- Institution in the counselling will not confer any right in its favour and the same shall be subject to confirming the requirement of affiliation as prescribed by the University. The students who are eventually admitted will also be informed by the petitioner-Institution specifically by making note in their admissions that the admission given by the (Downloaded on 02/03/2022 at 08:51:00 PM) (3 of 3) [CW-1365/2022] Institution, is subject to outcome of the writ petition.
Accordingly, the respondent- University is directed to permit the petitioner-Institution to participate in the third round of counselling, if same is conducted by them. The petitioner Institution is also directed to approach the respondent- University by filing proper application for affiliation and to deposit necessary fee for inspection, etc. List this case on 27.1.2020."
In that view of the matter, list this writ petition for final disposal on 28.03.2022.
Meanwhile, the respondent-university is directed to permit the petitioner-institution to participate in the councelling process.
The petitioner-institution is further directed to approach the respondent-institution by filing proper application for affiliation and to deposit the necessary fee for the session 2021-2022.
(INDERJEET SINGH),J CHETNA BEHRANI /135 (Downloaded on 02/03/2022 at 08:51:00 PM) Powered by TCPDF (www.tcpdf.org)