Rajasthan High Court - Jodhpur
Manoj vs The Rajasthan University Of Health ... on 19 August, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:37035]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 11437/2025
1. Abhishek Sharma S/o Shri Jyoti Prakash Sharma, Aged
About 20 Years, R/o Chuni Ki Chowki, Brahmpuri,
Navchowkiya, Jodhpur.
2. Sunil Parmar S/o Mansukh Lal, Aged About 20 Years, R/o
Shanti Nagar, Masuriya, Jodhpur.
3. Yogesh Daiya S/o Dhagla Ram Daiya, Aged About 21
Years, R/o Soorsagar, Jodhpur.
4. Mehtab Husain S/o Altaf Mohammed, Aged About 20
Years, R/o A-207, Kabir Nagar, Jodhpur.
5. Mohit Prajapat S/o Vishnu Prajapat, Aged About 22 Years,
R/o Pipli Wali Gali, Veer Shiv Gas Office Ke Piche,
Ratanada, Jodhpur.
6. Selvistor.s S/o Shri Shashi Kumar A, Aged About 22
Years, R/o 2G-24, Madhuban Chb, Jodhpur.
7. Pradhyuman Singh Solanki S/o Shri Vikram Singh
Solanki, Aged About 21 Years, R/o Pipli Chaowk, Gulab
Sagar Ki Neher, Jodhpur.
----Petitioners
Versus
1. The State Of Rajasthan, Through Its Secretary, Medical
And Health Department, Government Of Rajasthan,
Secretariat, Jaipur.
2. The Rajasthan Nursing Council, Through Its Registrar, B-
39, Sardar Patel Marg, C Scheme, Jaipur.
3. Rajasthan University Of Health Science, Through Its
Registrar, Kumbha Marg, Sector 18, Pratap Nagar, Tonk
Road, Jaipur.
4. Private Physiotherapy, Nursing And Para Medical
Institutions Society, Branch Office Jodhpur Through Its
Secretary, Plot No. 273, Subhash Nagar, Pal Road,
Jodhpur Rajasthan.
5. Mai Khadija Institute Of Nursing Science, Kamla Nehru
Nagar, Pal Link Road Jodhpur Through Its Principal.
----Respondents
Connected With
(D.B. SAW/1017/2023 has been filed in this matter. Please refer the same for further orders)
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S.B. Civil Writ Petition No. 2765/2023
Mai Khadija Institute Of Nursing Science, Kamla Nehru Nagar, Pal
Link Road, Jodhpur, Rajasthan, Through Its Principal Shri
Jitendra Khatri S/o Shri Bhim Raj Khatri, Age 46 Years, Resident
Of - Khatri Niwas, Plot No. - 12, Arihant Nagar, Pal Road, Near
Pipali Circle, Jodhpur.
----Petitioner
Versus
1. State Of Rajasthan, Through Its Secretary, Medical And
Health Department Government Of Rajasthan,
Secretariat, Jaipur.
2. The Rajasthan Nursing Council, Jaipur, Through Its
Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur.
3. The Rajasthan University Of Health Science, Through Its
Registrar, Kumbha Marg, Sector-18, Pratap Nagar, Tonk
Road, Jaipur.
4. Private Physiotherapy, Nursing And Para Medical
Institutions Society, Branch Office Jodhpur Through Its
Secretary, Plot No. 273, Subhash Nagar, Pal Road,
Jodhpur Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 18533/2023
1. Fiza Khan D/o Firoj Khan, Aged About 18 Years, Gali No.
1, Maliyon Ke Shamshan Ke Peeche, Kabir Nagar, Ward
No. 12, Jodhpur, Rajasthan.
2. Sneha Solanki D/o Suresh Solanki, Aged About 18 Years,
Murli Vilas, Inside Siwanchi Gate, Jodhpur, Rajasthan.
3. Jalnigar D/o Firoj, Aged About 20 Years, Gali No. 4, Rajiv
Gandhi Colony, Somani College, Jodhpur, Rajasthan.
4. Muskan Bano D/o Muhmad Rafik, Aged About 24 Years,
Barkatullah Khan Colony, Aakhaliya Circle, Jodhpur,
Rajasthan.
5. Shakil Ahamad S/o Makbool Ahemad, Aged About 18
Years, Haji Nagar, N.h. 15, Near Nagoriyo Ki Dhani,
Jodhpur, Rajasthan.
6. Manisha Jat D/o Baksa Ram, Aged About 19 Years, Khoja
Nagar, Hariya Dhana, Jodhpur, Rajasthan.
7. Sujjat Husain S/o Ayub Khan, Aged About 19 Years, Kori
(D.B. SAW/1017/2023 has been filed in this matter. Please refer the same for further orders)
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Dhavecha, Jalore, Rajasthan.
8. Aabid Hussain S/o Jahid Hussain, Aged About 18 Years,
Baral - 2, Bijainagar, Ajmer, Rajasthan.
9. Rajjak Khan S/o Peere Khan, Aged About 19 Years,
Sujoniyion Ki Dhani, Bagoda, Khokha, Kori Dhavecha,
Jalore, Rajasthan.
10. Abhishek Sharma S/o Jyoti Prakash Sharma, Aged About
19 Years, Chune Ki Choki, Bhampuri, Navchowkiya,
Jodhpur, Rajasthan.
11. Mohit Prajapat S/o Vishnu Prajapat, Aged About 21 Years,
Pipli Wali Gali, Behind Veer Shiv Gas Office, Ratanada,
Jodhpur, Rajasthan.
12. Mohammad Rafik S/o Suleman, Aged About 19 Years,
Malar, Jodhpur, Rajasthan.
13. Lucky Teji S/o Jitendra Teji, Aged About 19 Years, Dr.
Ambedkar Colony, Pratap Nagar, Jodhpur, Rajasthan.
14. Bharat Saraswat S/o Shiv Kumar Saraswat, Aged About
19 Years, 176 Bada Bavad, Asop, Jodhpur, Rajasthan.
----Petitioners
Versus
1. The Rajasthan University Of Health Science, Through Its
Registrar, Kumbha Marg, Sector 18, Pratap Nagar, Tonk
Road, Jaipur.
2. Mai Khadija Institute Of Nursing Science, Kamla Nehru
Nagar, Pal Link Road, Jodhpur, Rajasthan, Through Its
Principal Shri Jitendra Khatri S/o Shri Bhim Raj Khatri,
Age 46 Years, R/o Khatri Niwas, Plot No. 12, Arihang
Nagar, Pal Road, Near Pipli Circle, Jodhpur.
----Respondents
S.B. Civil Writ Petition No. 18554/2023
1. Manoj S/o Shri Gordhan Ram, Aged About 18 Years,
Senwaro Ki Dhani, Dandali, Barmer, Rajasthan.
2. Alveera Khan D/o Mohammad Ayub, Aged About 20
Years, Mohalla Tabut Ka Chowk, Ishaakiya School Ke Pass,
Jodhpur, Rajasthan.
3. Kishore Kumar S/o Shri Jogendra Kumar, Aged About 18
Years, Berdo Ki Dhani, Rani Gav, Village Balau, Post
Balau, District Barmer.
(D.B. SAW/1017/2023 has been filed in this matter. Please refer the same for further orders)
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4. Abdul Juber S/o Abdul Sattar Khan, Aged About 20 Years,
Care Of Abdul Sattar Khan, Sayarpura Kaparda, Jodhpur.
5. Sonali D/o Shri Omprakash, Aged About 19 Years, Siyago
Ka Bas, Bara Kalan, Post Kheri Salwa, District Jodhpur.
6. Yagyesh Dubey S/o Shri Niraj Dubey, Aged About 20
Years, 12/105, Choupasani Housing Board, Jodhpur.
7. Sunil S/o Shri Tejaram, Aged About 20 Years, Aaglecho Ka
Bas, Seervi Bas, Village Bhavi, District Jodhpur.
8. Mehtab Hussain S/o Altaf Mohammad, Aged About 19
Years, C/o Altaf Mohammad, 334, Opp. New Kohinoor
Bapu Colony, Chopasani Road, Jodhpur.
9. Nandani Panwar S/o Shri Omprakash, Aged About 22
Years, 2/s/55, Shopping Center Pratapnagarh,
Nandanvan, Jodhpur.
10. Pawan Kumar S/o Shri Sagar Ram, Aged About 18 Years,
Sekhniyawas, Hingoli, Jodhpur.
11. Mohit Bishnoi S/o Shri Chaina Ram, Aged About 19 Years,
Bhadwasiya Hospital Ke Piche Bhadvasiya, Jodhpur.
12. Sudhir Ramawat S/o Shri Dinesh Ramawat, Aged About
23 Years, 228, Mahaveer Nagar, Guro Ka Talab Road,
Kamla Nehru Nagar, Jodhpur.
13. Selvistor S. S/o Shri Sasi Kumar, Aged About 21 Years,
A2G24, Madhuban Housing Board, Basni 1St Phase,
Jodhpur.
14. Ashraf Khan S/o Taju Khan, Aged About 19 Years, Sindhi
Nagar, Kaprda, Jodhpur.
15. Irfan Ahmad S/o Shri Nishar Ahmed, Aged About 18
Years, Vyapariyo Ka Bas, Village Lambiya Anandpur Kalu
District Pali Rajasthan.
16. Mohit Sen S/o Shri Arvind Sen, Aged About 21 Years,
Outside Amar Hostel, Nagaur, District Nagaur.
17. Taniya D/o Shri Anil, Aged About 19 Years, Dr. Ambedkar
Colony, Pratap Nagar, Jodhpur, Rajasthan.
18. Osaf Umar S/o Saifullah Khalid, Aged About 20 Years,
Vyapariyo Ka Bas, Ward No. 15, Pipar Shahar, Jodhpur
Rajasthan.
19. Simran Pathan D/o Mohammad Ayub, Aged About 19
Years, Opposite Tehsil, Subhash Colony, Bilara, Jodhpur.
(D.B. SAW/1017/2023 has been filed in this matter. Please refer the same for further orders)
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20. Yogesh Daiya S/o Shri Dhagala Ram, Aged About 20
Years, Meghwal Basti, Soorsagar, Jodhpur.
21. Pradhyuman Singh Solanki S/o Shri Vikram Singh, Aged
About 19 Years, Gulab Sagar Nahar, Pipli Chowk Ke Piche,
Jodhpur.
22. Javed Hussain S/o Shri Sabir Husain, Aged About 23
Years, Olypic Cinema Ke Piche, Hakam Bag, Jodhpur.
23. Vivek Singh Bhati S/o Shri Banne Singh Bhati, Aged
About 24 Years, 1-B-430, Kudi Bhagtasani Housing Board,
Jodhpur.
24. Mohammad Junaid S/o Basheer Ahmed, Aged About 18
Years, Qureshi Mohalla, Sathani Road, Padoo Kalan,
Nagaur.
25. Shakeena Bano D/o Rasul Khan, Aged About 19 Years,
Poshal, Barmer, District Barmer.
26. Rahamtulla S/o Mehardin, Aged About 24 Years, Mulaniyo
Ki Dhani, Jaloda, Jodhpur.
27. Sunil Parmar S/o Shri Manshukh Lal, Aged About 19
Years, Shanti Nagar, Masuriya Jodhpur District Jodhpur.
28. Mohammad Fayyaz Hussain S/o Farhat Hussain Qureshi,
Aged About 19 Years, Vyapariyon Ka Mohalla, Boroonda,
District Jodhpur.
29. Pirane Khan S/o Shri Allabaks Khan, Aged About 19
Years, Chinnoo, Jaisalmer, District Jaisalmer.
30. Arhan Khan S/o Shri Abudl Latif, Aged About 19 Years,
Merta Road, Sbbj Bank Ke Pass, Merta Road, Nagaur
District Nagaur.
31. Aadil S/o Hakam Ali, Aged About 21 Years, Purane Court
Ke Pass, Merta Road, Nagaur District Nagaur.
32. Mohammad Irfan S/o Shri Ibrahim Mohammad, Aged
About 20 Years, Sardar School Ke Samne, Gali No. 4,
Hakim Bag, Jodhpur, District Jodhpur.
33. Ishrat Bano D/o Ishlam Mohammad, Aged About 18
Years, Hakim Bag, Gali No. 4, Sardarpura, Jodhpur,
District Jodhpur.
----Petitioners
Versus
1. The Rajasthan University Of Health Science, Through Its
(D.B. SAW/1017/2023 has been filed in this matter. Please refer the same for further orders)
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Registrar, Kumbha Marg, Sector-18, Pratap Nagar, Tonk
Road, Jaipur.
2. Mai Khadija Institute Of Nursing Science, Kamla Nehru
Nagar, Pal Link Road, Jodhpur, Rajasthan, Through Its
Principal Shri Jitendra Khatri S/o Shri Bhim Raj Khatri,
Age 46 Years, R/o Khatri Niwas, Plot No. 12, Arihant
Nagar, Pal Road, Near Pipli Circle, Jodhpur.
----Respondents
For Petitioner(s) : Mr. Kapil Purohit
Mr. Vikram Kurada
Mr. Uttam Khan
Mr. Priyank Kewaliya
For Respondent(s) : Mr. N.S. Rajpurohit, AAG
Ms. Akshiti Singhvi
Mr. Sangram Singh
Ms. Ruchi Parihar, AGC
Mr. Sher Singh Rathore
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order 19/08/2025
1. The present batch of writ petitions involves dispute with regard to irregular/illegal admission of the students in the institute imparting B.Sc. (Nursing) Course, therefore, the same is decided by this common order.
Facts of the case:
2. The petitioner- Mai Khadija Institute of Nursing Science (S.B.C.W.P No.2765/2023) which is imparting education by undertaking the course of B.Sc. (Nursing) with 50 seats has preferred the instant writ petition praying that the respondent- The Rajasthan Nursing Council and Rajasthan University Of Health Science may be directed to grant the NOC (No Objection Certificate) to the petitioner institution for conducting B.Sc.
(D.B. SAW/1017/2023 has been filed in this matter. Please refer the same for further orders) (Downloaded on 26/08/2025 at 09:24:56 PM) [2025:RJ-JD:37035] (7 of 16) [CW-11437/2025] (Nursing) course for the Academic Session 2022-23 with intake capacity of total 100 seats.
3. This Court on 20.03.2023 after hearing learned counsel for the petitioner-institute permitted it to participate in the counselling for B.Sc. (Nursing) course for the Academic Session 2022-23, however, it was made clear to the petitioner - institute that the participation in the counselling shall not create any right in favour of the petitioner- institution and result of the counselling shall not be given effect without prior leave of this Court.
4. The record of the case indicates that this Court after passing interim order dated 20.03.2023 at no point of time, granted leave to the petitioner- institute to admit students against the 50 additional seats. However, the petitioner- institution at its own admitted students and allowed them to pursue studies of B.Sc. (Nursing) course.
5. When the admission/examination forms of the students admitted by the petitioner- institution in addition to the sanctioned 50 seats were forwarded to the Rajasthan University of Health Science (hereinafter referred to as the 'University'), the same were not accepted by the University on the ground that it does not have valid permission to admit 100 students for B.Sc. (Nursing) course for the Academic Session 2022-23.
6. The students of the petitioner- institute in these circumstances, preferred S.B. CWP No.18533/2023 (Fiza Khan & Ors. v. RUHS & Anr.) and S.B. CWP No.185554/2023 (Manoj and Ors. v. RUHS and Ors.) before this Court seeking a direction upon the University to enroll and register the petitioner- students for B.Sc. (Nursing) course for the Academic Year 2022-23 and also to (D.B. SAW/1017/2023 has been filed in this matter. Please refer the same for further orders) (Downloaded on 26/08/2025 at 09:24:56 PM) [2025:RJ-JD:37035] (8 of 16) [CW-11437/2025] permit them to fill up examination form and allow them to appear in the examination of the B.Sc. (Nursing) course.
7. This Court on 28.11.2023 after hearing learned counsel for the petitioner- students while issuing show cause notices to the respondents directed the University to accept their examination forms on provisional basis, however, University was directed not to declare their results until further orders are passed by this Court. The petitioner- students in compliance of the order dated 28.11.2023 were allowed to sit in the first semester examination of B.Sc. (Nursing) course on provisional basis.
8. The respondent University challenged the interim order passed by this Court directing respondents to accept examination forms of the petitioners before Division Bench of this Court by way of filing D.B. Special Appeal (Writ) No.1016/2023 (RUHS v. Fiza Khan & Ors.) and D.B. Special Appeal (Writ) No.1017/2023 (RUHS v. Manoj & Ors.). The Division Bench initially, stayed the further proceedings in S.B. CWP No.18533/2023 but later on, vide order dated 02.07.2024 disposed of the Special Appeal (Writs) without going into the merits of the case, and only by noticing the fact that the students have already been provisionally allowed to appear in the examination and, therefore, no fruitful purpose would be served by keeping these Special Appeal (Writs) pending.
9. After disposal of the aforesaid Special Appeal Writs, the petitioners- students were permitted by the respondent- University to appear in the second semester examination held in the month of January, 2025. However, the result of the petitioners- students has not been declared till date.
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10. It is pertinent to note here that while S.B. CWP No.2765/2023 filed by the petitioner- institution and S.B. CWP No(s).18533/2023 and 18554/2023 filed by the petitioners- students were pending adjudication before this Court and another Writ Petition being S.B. CWP No.11437/2025 (Abhishek Sharma & Ors. v. State of Rajasthan & Ors.) came to be filed by the students of the petitioner- institute with a prayer that due to the deficiencies not being removed by the institutes, the academic careers of the students admitted on additional 50 seats is at stake and, therefore, in the event the institute fails to remove the deficiencies, the students may be shifted to another institute so that they can continue their B.Sc. (Nursing) course without any disruption.
Arguments on behalf of petitioner-institute; petitioners- students:
11. Learned counsel appearing on behalf of the petitioner- institution submitted that this Court vide interim order dated 20.03.2023 provisionally allowed the institute to participate in the ongoing counselling for B.Sc. (Nursing) course for the Academic Session 2022-23 with a rider that end result of the counselling shall not be given effect without leave of this Court. However, due to some misunderstanding and error in interpretation of the interim order dated 20.03.2023, the petitioner- institute after counselling for the Academic Session 2022-23 without obtaining leave of this Court, admitted 50 students in addition to the approved seats. Learned counsel submitted that the petitioner- institution after having completed all the requisite formalities is running the institution in accordance with law. He further (D.B. SAW/1017/2023 has been filed in this matter. Please refer the same for further orders) (Downloaded on 26/08/2025 at 09:24:56 PM) [2025:RJ-JD:37035] (10 of 16) [CW-11437/2025] submitted that adequate infrastructure for imparting education in the B.Sc. (Nursing) course against 100 seats is available with the institute and, therefore, there is no just and valid reason available with the respondents not to grant/issue "No Objection Certificate (NOC)" on enhanced number of seats. On these grounds, learned counsel for the petitioner- institution prayed that the S.B. CWP No.2765/2023 filed on behalf of the petitioner- institution may be allowed and an appropriate directions may be issued to the respondents to regularize admission of the petitioners-students admitted by it pursuant to the interim order dated 20.03.2023 passed by this Court.
12. Learned counsel appearing for the students vehemently and fervently submitted that at no point of time, they were informed by the petitioner- Mai Khadija Institution of Nursing Science that it does not possess a permission/NOC from the respondents to admit students against 50 additional seats. Learned counsel contended that these students are bona fide students who have completed one Academic Year in the institution and have appeared in the First and Second Semester conducted by the University and, therefore, denial of NOC to the institute by the respondents- State Government/University cannot be taken as a weapon to practically destroy the education career of these students.
13. Learned counsel for the students prayed that either the petitioner- Mai Khadija Institute of Nursing Science may be granted time to remove the deficiencies while permitting the petitioners- students to complete their studies or in the alternative, the petitioners-students may be shifted to any other institutions imparting education in B.Sc. (Nursing) course.
(D.B. SAW/1017/2023 has been filed in this matter. Please refer the same for further orders) (Downloaded on 26/08/2025 at 09:24:56 PM) [2025:RJ-JD:37035] (11 of 16) [CW-11437/2025] Arguments on behalf of respondents- University and State:
14. Per contra, learned counsel Mr. Narendra Singh Rajpurohit, AAG and Ms. Akshiti Singhvi appearing on behalf of the respondents submitted that the interim order dated 20.03.2023 passed by this Court is very clear yet the petitioner- institution in utter disregard to the interim order passed by this Court admitted the students in the B.Sc. (Nursing) course. Learned counsel submitted that illegal admissions granted to the students by the petitioner- institution against the 50 additional seats cannot be regularized as the same would tantamount to subversion of law and regulations governing this field. Learned counsel submitted that if a direction is issued to the University to regularize the admission of the petitioners- students in Mai Khadija Institute of Nursing Science then, the same would be nothing but directing the University to disobey the statues to which it owes it existence and the regulations made by the University itself.
15. Mr. Narendra Singh Rajpurohit, AAG submitted that as a matter of fact, the request of the petitioner- institute for enhancement of seats from 50 to 100 was already turned down by the State Government vide letter dated 04.03.2024. The letter dated 04.03.2024 denying the permission to the petitioner - institution for enhancement of seats has not been challenged independently before any competent forum and, therefore, the petitioner- institution is not entitled for any relief as prayed for in S.B. CWP No.2765/2023 (Mai Khadija Institute of Nursing Science v. State of Rajasthan & Ors.).
Analysis of arguments & directions:
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16. Heard learned counsel for the parties at Bar. Perused the material available on record.
17. The order dated 20.03.2023 passed by this Court in S.B. CWP No.2765/2023 is reproduced below for ready reference:-
"Mr. Shreyansh Mardia, learned counsel puts in appearance on behalf of the petitioner-Institute submits that in identical circumstances, this Hon'ble Court had granted an interim order, permitting the petitioner-Institute to participate in the counselling for the Academic Session 2021-22.
Issue notice to the respondents, returnable within a period of four weeks.
List along with S.B. Civil Writ Petition No.12832/2022. In the meanwhile, the petitioner-Institute be provisionally allowed to participate in the ongoing counselling for B.Sc. (N) Course for the Academic Session 2022-23. However, the participation of the counselling shall not create any right in favour of the petitioner-Institute and the end result of the counselling shall not be given effect without prior permission of this Court."
[Emphasis supplied]
18. The language of the interim order dated 20.03.2023 is clear and unambiguous. It is really shocking to note that despite clear directions of this Court to the petitioner- institution to provisionally participate in the ongoing counselling for B.Sc. (Nursing) course for the Academic Session 2022-23 and not to give effect to the end result of the counselling without prior permission of this Court, the petitioner-institution without taking any permission or leave of this Court to admit the students after the end of the counselling process, not only admitted students beyond permitted seats but also allowed them to undertake the studies.
19. This Court is also surprised to note that the communication letter dated 04.03.2024 whereby the "No Objection Certificate"
was denied to the petitioner- institution for the enhanced intake (D.B. SAW/1017/2023 has been filed in this matter. Please refer the same for further orders) (Downloaded on 26/08/2025 at 09:24:56 PM) [2025:RJ-JD:37035] (13 of 16) [CW-11437/2025] capacity of the 50 students has not been challenged independently by the petitioner- institution and yet the students were allowed to pursue their B.Sc. (Nursing) course for the Academic Year 2022-
23. This Court has no hesitation in reaching to a conclusion that the petitioner- institution which is established for the purpose of imparting education in its greed to earn money or admit the students beyond the sanctioned seats has not only played with the future of the students but has also put their entire academic career/valuable one year at stake. The mental agony and expenses of litigation and the valuable period of life of the students cannot be compensated, if due to an illegal act and action of the petitioner- institution, their admissions in B.Sc. (Nursing) course is declared null and void.
20. This Court keeping in view the fact that the students at the time of their admission in the petitioner- institute were kept in dark with regard to the pendency of S.B. CWP No.2765/2023 (Mai Khadija Institute of Nursing Science v. State of Rajasthan & Ors.) and "No Objection Certificate" for 50 additional seats being denied to the petitioner- institute due to various deficiencies in the institute directed Ms. Akshiti Singhvi, Advocate appearing for the respondents- University to explore the possibility of accommodating petitioner- students in other institute so as to allow them to complete their B.Sc. (Nursing) course. 20.1 Ms. Akshiti Singhvi, Advocate under instructions of the University during the course of hearing, informed the Court that the possibility of petitioners- students being accommodated/transferred to other Nursing Institutes can be (D.B. SAW/1017/2023 has been filed in this matter. Please refer the same for further orders) (Downloaded on 26/08/2025 at 09:24:56 PM) [2025:RJ-JD:37035] (14 of 16) [CW-11437/2025] explored by the respondents- University subject to the University's Policy for transfer of students.
20.2 On being asked a specific question regarding number of vacant seats in recognized institution of B.Sc. (Nursing) course for Academic Session 2022-23 as on 02.08.2025, she informed the Court that about 92 seats of B.Sc. (Nursing) course Academic Session 2022-23 are available in different recognized institutions in the State of Rajasthan.
21. In view of aforesaid factual background of the case and reaching to a conclusion that no fault is attributable to the candidates who have taken their admission and pursued their studies in the respondent- institute and whereupon, when came to know about admissions being granted to them by the petitioner- institution in defies of this Court's order dated 20.03.2023 without any delay approached this Court ventilating their grievances, deems it just and proper to direct the respondent- University to declare the results of First and Second Semester of the petitioners- students. Those students who have cleared both First and Second Semester Examination in first attempt shall be eligible to make an application before the Registrar of the RUHS, Jaipur for their transfer to a recognized B.Sc. (Nursing) Colleges out of Jodhpur city within a period of 20 days from the date of receipt of web copy of the order.
22. The petitioners-students shall also file an undertaking alongwith their application for transfer to the another recognized B.Sc. (Nursing) Colleges indicating therein that the decision of the Registrar/Competent Authority of the RUHS, Jaipur in relation to (D.B. SAW/1017/2023 has been filed in this matter. Please refer the same for further orders) (Downloaded on 26/08/2025 at 09:24:56 PM) [2025:RJ-JD:37035] (15 of 16) [CW-11437/2025] their transfer to another institutes shall be final and that they shall not dispute the decision of the Registrar/Competent Authority of the RUHS, Jaipur with regard to new allotment/transfer of college before any forum and will accept the same as it is. Further, they shall pay the fee for the remaining period (Academic Sessions) to the colleges where he/she is transferred, as per the applicable policy of that institute.
23. For the unpleasant situation which has been created in the present case and keeping in view the contemptuous behaviour of the petitioner- Mai Khadija Institute of Nursing Science, this Court deems it just and proper to impose a cost of Rs.5,00,000/- (in words, Rupees Five Lacs) upon the petitioner- Mai Khadija Institute of Nursing Science. The imposed cost shall be deposited by the petitioner- institute with the respondent- RUHS within a period of 20 days from the date of receipt of web copy of the order instant. In case, the petitioner-institution fails to deposit the imposed cost within a stipulated period then the University- RUHS shall be at liberty to file contempt petition against the petitioner- institution and shall also be at liberty to de-affiliate its B.Sc. (Nursing) Course from the next Academic Session.
24. The petitioner-students shall also be at liberty to initiate appropriate proceedings for recovery of fees deposited by them with the petitioner-institution for the Academic Session 2022-23, if so advised.
25. It is made clear that the directions issued by this Court with regard to the transfer of the petitioners- students in other recognized institutes imparting education in B.Sc. (Nursing) (D.B. SAW/1017/2023 has been filed in this matter. Please refer the same for further orders) (Downloaded on 26/08/2025 at 09:24:56 PM) [2025:RJ-JD:37035] (16 of 16) [CW-11437/2025] Courses in para No(s).21 & 22 are limited to the fact and circumstances of the present case and shall not be treated as precedent.
26. In view of the aforesaid discussions, the S.B. CWP No.2765/2023 (Mai Khadija Institute of Nursing Science v. State of Rajasthan & Ors.) is dismissed with cost as mentioned in para No.23. The S.B. Civil Writ Petition Nos.11437/2025, 18553/2023 and 18554/2023 are disposed of without any order as to costs.
(KULDEEP MATHUR),J 2-5-himanshu/-
(D.B. SAW/1017/2023 has been filed in this matter. Please refer the same for further orders) (Downloaded on 26/08/2025 at 09:24:56 PM) Powered by TCPDF (www.tcpdf.org)