Global Institute Of Nursing vs State Of Rajasthan And Ors

The matter comes up on the stay application filed by the petitioner-Institution seeking permission of this Court to allow the students of the petitioner-Institution to write their examination of GNM (Three Year Course) First Year Examination for the academic session 2018-19.

Learned counsel submitted that the petitioner-Institution is imparting the said course since 2009 and due to illegal action of the respondents, the petitioner-Institution was not permitted to admit the students in the year 2018 and as such, it filed SB Civil Writ Petition No.16694/2018 (Global Institute of Nursing Vs. State of Rajasthan & Ors.) before the Principal Seat at Jodhpur and on 26th October, 2018, the Court directed that the petitioner-Institution be provisionally permitted to participate in the ongoing councelling for GNM Course for the academic session 2018-19.

Learned counsel submitted that the interim order dated 26 th October, 2018 was passed and meanwhile, the respondents had completed the councelling process and as such, the petitioner- Institution was not allowed to admit the students.

Learned counsel for the petitioner-Institution was also a Member of the Rajasthan Private Nursing Schools and College Federation and as such, SB Civil Writ Petition No.63/2019 was filed before this Court and on 5th February, 2019, this Court directed to release the data to the petitioner-Federation for allotment of seats of the State quota with the details of the students to the extent of 50 percent to be admitted by way of counselling and permitted the petitioner-Federation to fill up the remaining vacancies from the State quota of 50 percent.

Learned counsel submitted that in pursuance of the order passed by this Court on 5th February, 2019 in SB Civil Writ Petition No.63/2019, the petitioner-Institution admitted 40 students and they have regularly been attending the classes.

Learned counsel submitted that the Rajasthan Nursing Council, Jaipur has now announced the time-table of examination, which is being conducted in the month of November w.e.f. 9 th November, 2020 to 12th November, 2020.

Learned counsel submitted that depriving the students of the petitioner-Institution to write their examination will spoil their entire career and as such, this Court may pass the order to protect rights of the petitioner-Institution.

Learned counsel Mr.Neeraj Batra, appearing for the Nursing Council, has opposed the prayer and submitted that the petitioner- Institution has sought direction from the Principal Seat at Jodhpur and the said writ petition is still pending and prayer has also been made in the present writ petition for allowing the students to write their examination for the academic session 2018-19.

Learned counsel submitted that the petitioner-Institution has wrongly admitted the students and as such, it should not be allowed to permit the students to write the examination.

Learned Additional Government Counsel Mr.Bharat Saini appears for the State.

This Court finds that the interim order was passed by this Court in SB Civil Writ Petition No.63/2019 on 5 th February, 2019 and the petitioner-Federation was permitted to give admission of 50 percent of quota and accordingly, the petitioner-Institution, being a Member of the Federation, admitted 40 students for GNM course for the session 2018-19.

This Court also prima facie finds that if the students have undergone the requisite study for considerable time, they should not be deprived to write the examination.

This Court further finds that time-table of the examination is already announced and if students of the petitioner-Institution will not be permitted, they will suffer irreparable loss.

Accordingly, the stay application, filed by the petitioner- Institution, is allowed with the direction to the respondent - Nursing Council to permit students of the petitioner-Institution to write their examination.

This Court also directs the petitioner-Institution to get the examination forms to be filled from the students and to submit the same immediately before the Council, who will, in turn, allot roll number, etc. to the students to write their examination.