Its Registrar v. Ravindra Kumar Son Of Ram Kumar, Resident Of Dhani

Judgment

1. Ravindra Kumar Son Of Ram Kumar, Resident Of Dhani Nai Naurangpura, Tehsil Khetri, Jhunjhunu-332716.

2. Kamal Kumar Son Of Prahlad Singh, Resident Dhani Nai Naurangpura, Tehsil Khetri, Jhunjhunu 332 716.

3. Sapna Daughter Of Rajkumar, Resident Of Siana, Kanina, Mahendragah, Haryana 123 027.

4. Jyoti Daughter Of Mahipal, Resident Of Siana, Kanina, Mahendragarh, Haryana 123 027.

5. Rohit Kumar Mina Son Of Ramchander Mina, Plot No. 90, Karni Kunj-Ii, Ajmer Road Dhawas, Jaipur 302 021.

6. Pulkit Sharma Son Of Satya Narayan Sharma, Resident Of Block No.5, Shastri Nagar, Near Tb Hospital, Jaipur 302 016

7. Rajesh Kumar Pingolia Son Of Prakash Chand, Resident Of D-43, Mahesh Nagar, 80 Ft. Road, Jaipur 302 015.

8. Vikas Swami Son Of Laxmi Narayan Swami, Resident Of H-53, Shyam Nagar, Nadi Ka Phatak, Benar Road, Jaipur 302 012.

9. Mukesh Chaudhary Son Of Laxman Singh, Resident Of Village Doona Ki Dhani, Post Mandha, Dataramgarh, Tehsil Sikar 332742.

10. Prem Chand Verma Son Of Sita Ram Verma, Resident Of [2025:RJ-JP:17382-DB] (2 of 7) [SAW-1192/2019] Village Soorpura Post Boraj, Tehsil Mozmabad, Jaipur

11. Savita Daughter Of Bahadur Singh, Resident Of Dhani- Badaband, Post Dokan, Neem Ka Thana, Sikar 332 718.

12. Meena Jangid Daughter Of Ramswaroop Jangid, Resident Of 40-A, Mahesh Nagar, Manayawas, Mansarovar, Jaipur

13. Ram Kanwar Chaudhary Son Of Goverdhan Lal, Resident Of Village Nayabas, Post Jobner, Jaipur 303328

14. Neha Mishra Daughter Of Anoop Kumar, Resident Of 7/70, Malviya Nagar, Jaipur 302017.

15. Siyaram Meena Son Of Bhajjaram Meena, Resident Of Village Pal, Distt. Bundi, Rajasthan.

16. Jennifer Williams Daughter Of R.j. Williams, Resident Of 98, Shivpuri Part-I, Najafgarh-South West, Delhi.

17. State Of Rajasthan, Through Principal Secretary, Medical And Health Department, Government Of Rajasthan, Secretariat, Jaipur.

18. Secretary, Indian Nursing Council, Kotra Road, Temple Lane, Combined Council Building, New Delhi. Registrar, Rajasthan Nursing Council, Jaipur. Rajasthan Private Nursing School And College Federation,

20. E-277, Behind New Vidhan Sabha, Lal Khothi Scheme, Jaipur Through President.

21. Jai Durga College Of Nursing, Khara No.432/11 Tara Nagar-D, 30 Feet Road, Khirni Phatak, Jhotwara Through Its Principal Govind Narayan Sharma. ----Respondents Connected With D.B. Special Appeal Writ No. 1214/2019

1. Rajasthan University Of Health Sciences, Pratap Nagar, [2025:RJ-JP:17382-DB] (3 of 7) [SAW-1192/2019] Sanganer, Jaipur Through Its Registrar.

2. Controller Of Examinations, Rajasthan University Of Health Sciences, Pratap Nagar, Sanganer, Jaipur Versus ----Appellants

1. Jai Durga College Of Nursing, Khara No. 432/1, Tara Nagar-D, 80 Feet Road, Khirni Phatak, Jhotwara, Jaipur

Through Its Principal Govind Narayan Sharma S/o Shri Vrindawan Lal Sharma, Aged About 39 Years, R/o Flat No. 106, Tirupati Flats-B, Rao Apartments, Niwaroo Road, Jaipur

2. State Of Rajasthan, Through Principal Secretary, Medical And Health Department, Government Of Rajasthan, Secretariat, Jaipur

4. Registrar, Rajasthan Nursing Council, Jaipur Rajasthan Private Nursing School And College Federation, E-277, Behind New Vidhan Sabha, Lal Kothi Scheme, Jaipur Through President ----Respondents For Appellant(s) : Mr. Ravi Chirania Adv. with Mr. S.K. Panwar Adv. Mohd. Ashfaq Khan Adv. Ms. Rekha Jain, Adv. For Respondent(s) : Mr. Vigyan Shah, learned Additional Advocate General with Mr. Harsh Parashar, Adv. Mr. Amol Vyas, Adv. Mr. Naveen Dhuwan, Adv. Mr. Padeep Bochaliya, Adv, Mr. Priyamvada Singh, Adv.for Mr. Neeraj Batra, Government Council Mr. Ayush for Mr. Punit Singhvi Ms. Anuradha Upadhyay [2025:RJ-JP:17382-DB] (4 of 7) [SAW-1192/2019] HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR HON'BLE MR. JUSTICE ANAND SHARMA 24/04/2025 Order These special appeals are directed against the common order dated 1st June, 2019 passed in S.B. Civil Writ Petition Nos. 23653 & 21452/2018.

2. By order dated 1st June, 2019 the writ petition filed by the 16 students in S.B. Civil Writ Petition No. 23653/2018 and the writ petition filed by Jai Durga College of Nursing vide S.B. Civil Writ Petition No. 21452/2018 were allowed with the following direction: “4. Having reached to the conclusion as above, this Court deems it appropriate to decide this writ petition itself at this stage directing the respondent- University to declare result of the petitioner and as per the result, the students who may have cleared the examination, would further be allowed to pursue their studies and the University shall also enroll the petitioners-students accordingly.”

3. In the present Special Appeals, the aforementioned directions issued by the Court were stayed by virtue of the orders dated 7th August, 2019 and 1st October, 2019.

4. In these Special Appeals, several grounds have been urged on behalf of the Rajasthan University of Health and Sciences and one of such grounds refers to illegality committed by the management of Jai Durga College of Nursing in taking admissions of the students in B.Sc Nursing and Post Basic Nursing courses. The learned counsel for the appellant-University further submits that Jai Durga College of Nursing was not enrolled by the Counseling Board under or with the permission of which admissions could have been taken by the college. [2025:RJ-JP:17382-DB] (5 of 7) [SAW-1192/2019]

5. As we gather from the writ Court orders dated 1st June 2019, one of the stands taken by Jai Durga College of Nursing was that the said college was not included in the counseling by the University but that shall not be the hindrance in taking admission in view of the decision of the Hon’ble Supreme Court in “The Karnataka State Association of the Management of Nursing and Allied Health Science Institutions and Ors. Vs. Indian Nursing Council & Ors. (Civil Appeal Nos12759-12761 of 2017). The writ Court considered the rival contentions, thus: “3. The College has also preferred the connected writ petition bearing No.21452/2018 wherein it has been pointed out that the students were admitted though the Federation of Private Colleges. As the petitioner-College was not included in the counselling by the respondent-University on account of the aforesaid reason. The question regarding the College to be registered with the Indian Nursing Council and its inteligibility there to is no more res-integra and stands concluded by the judgment passed by the Supreme Court in The Karnataka States Association of the Management of Nursing and Allied Health Science Institutions & Ors. Vs. Indian Nursing Council & Ors. (Civil Appeal Nos.12759- 12761 of 2017), decided on 11/09/2017 wherein the Apex Court has held as under: “4 We are of the view that the two parts of the learned Single Judge’s order are inextricable inter connected. Once it is declared that the Indian Nursing Council, Respondent no.2 has no authority to grant recognition to the Institutions imparting Nursing Course it must follow that the Respondent no.2 is, therefore, restrained from publishing on its website, the material that are indicated. We are, therefore, of the view that the interim order passed by the Division Bench must be set aside and the order of the Learned Single Judge restored.” In view thereof, the stand taken by the respondent- 4. University thus does not have any basis and the action of not allowing the petitioner-College to participate in the counselling is held to be unjustified. The action of the petitioner-College in admitting the students through Federation of Private Nursing Colleges thus is found to be in order and the students who have been admitted would be therefore entitled to enrolled and appear in the examination.

5. By an interim order passed by this Court dated 23/10/2018, the respondent-University was directed to allow the petitioners provisionally to submit their on-line examination form and subsequent thereto they have [2025:RJ-JP:17382-DB] (6 of 7) [SAW-1192/2019] already appeared for the examination of B.Sc. Nursing conducted by the University and passed the same.”

6. The writ Court therefore held that Jai Durga College of Nursing was entitled to take admission of the students through the Federation of Private Nursing Colleges. We also must indicate that by virtue of an interim order dated 23rd October, 2018 passed by the writ Court, the University was directed to permit the students provisionally to submit their Online Examination Form and appear in the examination. This is also a matter of record that the writ petitioner-students appeared in the examination and they were issued degrees, a fact brought on the record by the respondents. However, the learned counsel for the appellant- University would endeavour to submit that issuing of marksheet and degrees to the students was a human error and, in respect thereof, an enquiry was conducted by the University.

7. After having heard the learned counsels appearing for the parties, we are of the firm opinion that no indulgence should be granted in these matters.

8. While exercising powers under Article 226 of the Constitution of India, the writ Court shall not be bound by any fatters and technicality would not come in its way to deliver justice. This is now well settled that the writ Court is a Court of law and equity as well. The principle of equity which took its birth in the Court of chancery was intended to relieve the litigant or unnecessary hardship on account of rigors of law. This is by now well settled that the Courts are bound to consider all aspects including the result sought to be achieved and while doing so the fundamental principles of equity must be forever present in the mind of the Court. In AP Showkath Ali & Ors. Vs. State of Kerala; 2018 11 SCC 688, the Supreme Court held that the whole purpose of equity jurisdiction is to prevent injustice and to promote justice. In a [2025:RJ-JP:17382-DB] (7 of 7) [SAW-1192/2019] case like the present one, in which the students were permitted to take examination, may be by virtue of an interim order passed by the Court, and they have successfully completed the course, to avoid future hardship to them, the writ Court was within its powers to issue the impugned direction passed on 1st June, 2019.

9. D.B. Special Appeal Writ Nos. 1192/2019 & 1214/2019 are dismissed. (ANAND SHARMA),J (SHREE CHANDRASHEKHAR),J NEERU/59-60