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Judgment
Admittedly the Sharda College of Nursing, Sodawas, District
Alwar where the petitioners are reading in B.Sc. (N) Part-I
commencing AY 2016-17 was affiliated to University of Rajasthan
for B.Sc. 4 year Nursing course beginning the academic year 2010-
11 through 2015-16. It appears that despite having applied for
affiliation for 2016-17, the said college was then not so affiliated
oddly for reason of alleged deficiencies vis-a-vis prescribed
parameters, which parameters were earlier satisfied. Resultantly
when the petitioners admitted to the B.Sc. 4 year Nursing course in
AY 2016-17 sought enrolment with the Rajasthan University of
Health Sciences (RUHS), it was denied vide letter dated 30-1-2017
addressed to the Sharda College of Nursing and not to them. The
petitioners unaware of the cul de sac they were in, continued with
their classes in B.Sc. (N) Part-I while the college seems to have gone
about pursing the RUHS to affiliate its B.Sc. (N) Course in AY 2016-
Finally the Board of Inspection of RUHS in its meeting of 27-9-
2017 has taken a decision to allow affiliation to Sharda College of
Nursing for 2016-17 for its B.Sc. 4 year Nursing course with an
intake of 40 seats. The Sharda college of Nursing has also been
affiliated for its B.Sc. 4 year Nursing course with an intake of 40
seats for the academic session 2017-18 and as stated by counsel for
the petitioners also allotted students inter alia through State
Counselling.
The case of the petitioners is that in the obtaining
circumstances they suffer no disability for being enrolled and being
allowed to write the B.Sc. (N) Part-I examination commencing
tomorrow i.e. 29-11-2017. It has been prayed that it be accordingly
directed.
Mr. M.A. Khan, appearing for the respondent RUHS admits
that the Board of Inspection of RUHS in its meeting held on 27-9-
2017 has recommended for B.Sc. 4 year Nursing course of the
Sharda college of Nursing to be affiliated for the academic year
2016-17. He submitted that however no final decision on affiliation
has been taken in view of the meeting of the Board of Management
of the University not yet being organised.
Having heard counsel for the parties and taking into account
the fact that Sharda college of Nursing where the petitioners were
admitted to B.Sc. (N) Part-I in academic year 2016-17 has been
recommended by the Board of Inspection of the respondent RUHS for
AY 2016-17, this petition is disposed of with the following
directions:-
(i) The petitioners students of the Sharda College of Nursing
in its B.Sc. 4 year Nursing course admitted in AY 2016-17
be enrolled as such by the respondent RUHS.
(ii) The petitioners be allowed to write the part-I
examination of B.Sc. 4 year Nursing course commencing
end of AY 2016-17, on 29-11-2017.
(iii) The result of the petitioners in respect of part-I of B.Sc.
4 year Nursing course academic year 2016-17 be declared
subject to the respondent Sharda College of Nursing
satisfying the Controller Examination RUHS that the
petitioners had requisite attendance/ training as required
under governing Ordinances.
However before parting with the petition, it would be
appropriate to record that complete chaos in the affiliation processes
by the respondent RUHS obtains as evident in the instant case. There
has to be a timeline and last date by which applications for affiliation
of colleges to RUHS can be made. The affiliations where deserving
have to be granted at least one month before the commencement of
admission in a calendar year. The process of the affiliation cannot be
an ongoing process as in the instant case where affiliation for the
academic year 2016-17 for a B.Sc. 4 year Nursing course has been
only recommended on 27-9-2017 and yet not been formally
granted. It is also directed that subsequent to minimum period of
provisional affiliation, as and if provided for under the governing
ordinances, applications for permanent affiliation be thereafter
required from the colleges concerned such that unnecessary disputes
as to affiliation impugning on the quality of education are minimised
in future.
The petition stands disposed of accordingly.