Jitendra Choudhary & Ors. vs The Rajasthan University of Health Sciences & Anr.

By way of this appeal, the appellant has assailed the judgment and order of the learned Single Judge whereby learned Single Judge has declined

to entertain the writ petition.

The facts of the case are that the petitioners'' claim to be the students of B.Sc. Nursing Part-I in the Academic Session 2016-17 admitted to

respondent no.2-Samvardhana College of Nursing, Alwar (hereinafter ''college). It has been stated that despite the admission to the college

recognized for the Academic Session 2016-17 by the Indian Nursing Council, issue of the NOC by the State Government on 29.02.2008 and the

affiliation of the course in issue by the Rajasthan University of Health Sciences (hereinafter ''RUHS'') under its order dated 28.01.2009 which has

been continued to 2016-17, the petitioners are not being enrolled by the RUHS and resultantly not being allowed to be admitted to and write the

B.Sc. (Nursing) Part-I examinations which have already commenced. It has been prayed that in the circumstances appropriate directions be issued

that the petitioners be enrolled by RUHS and allowed to write the B.Sc. (Nursing) Part-I examination underway.

In the writ petition, the petitioner has prayed for following relief:-

(i) by an appropriate writ order or direction thereof, thereby respondent no.1 may kindly be directed to accept the examination forms of the

petitioners for participating in the examination of B.Sc. Nursing Part-I for the Session 2016-17.

(ii) by an appropriate writ order or direction thereof, thereby the respondents may kindly be directed to conduct the special examination of the

petitioners regarding their remaining papers, which were held prior filing instant writ petition.

(iii) by an appropriate writ order or direction thereof, thereby the respondents may kindly be directed to provide further education to the

petitioners in the B.Sc. Nursing Course till its completion, either in the college of respondent No.2 or as per instructions of respondent No.1.

While considering the matter, the learned Single Judge has considered the reply filed by the University as well as State Government wherein it

has been averred as under:-

That the respondent No. 2 was not allowed to participate in counseling for admission of students for academic session 2016-17, due to change

of the address of the Institution, without permission of the Indian Nursing Council and State Government.

That the Registrar, Rajasthan Nursing Council, Jaipur, vide its letter dated 02.11.2016 communicated to the Indian Nursing Council and the

Respondent No. 1, asked the INC to do needful for the change of the institution in new premises. The INC vide its letter dated 10.03.2017 has

granted recognition to the institution at its new premises situated at Samvardhan College, of Nursing, Behrod Road, out of Tunnel, Village Suheta,

Tehsil Mundawar, Alwar.

Looking to the fact that the earlier writ petition preferred by the Management was withdrawn and the affiliation has not been granted for

Academic Session 2016-17, the course which was started by the College was without being affiliation and therefore, the learned Single Judge has

not entertained the writ petition.

We are in complete agreement with the view taken by the learned Single Judge. No case is made out for interference.

The appeal being devoid of merit is hereby dismissed.

The stay application also stands dismissed.