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2025 DAILYLAW 48086 (RAJ)

PRITI CHOUDHARY D/O VIKRAM CHOUDHARY v. STATE OF RAJASTHAN

CW/4161/2024 · 2025-11-11

Sanjeet Purohit

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:45254] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 4161/2024 1. Priti Choudhary D/o Vikram Choudhary, aged about 26 Years, R/o BS-103, Plot No. 16, Deepak Colony A, Abhinandan Heights, Shyopur Road, Pratap Nagar, Jaipur, Raj. 2. Memuna Banu D/o Daou Kathat, aged about 25 Years, R/o Sodpura, Nanana Pali, Raj. 3. Lakshmi Kumari D/o Ram Niranjan, aged about 25 Years, R/o Bala Khan, Allahbad, U.p. 4. Raju Ram S/o Mehara Ram, Aged About 24 Years, R/o Padasala Kalan, Tehsil Bilara, Dist. Jodhpur, Raj. 5. Harikishan S/o Bhakhara Ram, Aged About 25 Years, R/o Village And Post Bhanwar, Tehsil Serwa, Dist. Barmer, Raj. 6. Km Zainab D/o Ziaunnabi, Aged About 25 Years, R/o Soda Gam Khan, Mohalla Kunda City, Rampur City, U.p. 7. Lokendra Singh S/o Bheem Singh Chauhan, Aged About 24 Years, R/o Village Khodraja, Post Bhaiseena, Tehsil Bhusawar, Dist. Bharatpur, Raj. 8. Bhanu Meena S/o Ram Phool Meena, Aged About 24 Years, R/o Parbaini, Alwar, Raj. 9. Harsh Kumar Saini S/o Badri Prasad Saini, Aged About 29 Years, R/o Choulyai Ki Dhani, Duhar Chaugan, Thanagazi, Alwar, Raj. 10. Anil Kumar S/o Mulchand Sharma, Aged About 32 Years, R/o Guwara, Aamala, Bhangdoli, Thanagazi, Alwar, Raj. 11. Pankaj Jatav S/o Sohan Lal, Aged About 23 Years, R/o Village And Post Dantiya, Tehsil Kathumar, Dist. Alwar, Raj. ----Petitioners Versus 1. State Of Rajasthan, Through The Principal Secretary, Department Of Medical, Health And Family Welfare, Government Of Rajasthan, Government Secretariat, Jaipur, Raj. 2. Rajasthan University of Health Sciences, Sector-18, Kumbha Marg, Pratap Nagar, Jaipur, Rajasthan Through Its Registrar. 3. Dhanwantri Institute Of Medical Science, Sector-2, Behind K.L. Saini Stadium Kaveri Path, Mansarovar, Jaipur, Rajasthan Through Its Director. ----Respondents For Petitioner(s) : Ms. Nikita Singhal, Mr. Himanshu Saini for Mr. Inder Raj Saini For Respondent(s) : Mr. Vipin Sharma Mr. Eshaan Singhi Mr. Yash Joshi for Mr. Vigyan Shah, AAG [2025:RJ-JP:45254] (2 of 6) [CW-4161/2024] HON'BLE MR. JUSTICE SANJEET PUROHIT Order 11/11/2025 1. By way of present writ petition, petitioners have inter-alia sought directions against the respondent – University to allot enrollment numbers and permit them to pursue and complete course of Post Basic B.Sc. Nursing and declare their result accordingly. 2. Learned counsel for the petitioners submits that out of 11 writ petitioners, five petitioners viz. petitioners No.3, 4, 5, 8 and 9 have already withdrawn from the Post Basic B.Sc. Nursing Course and therefore seeks permission for withdrawal of the writ petition qua the said writ petitioners. 3. In view of above, the writ petition is dismissed as withdrawn qua the petitioners No.3-Lakshmi Kumari, 4-Raju Ram, 5- Harikishan, 8-Bhanu Meena and 9-Harsh Kumar Sain. Thus, the writ petition shall survive for the remaining petitioners. 4. In respect of other writ petitioners i.e. petitioners No.1, 2, 6, 7, 10 and 11, it is stated that they have taken admission for the Post Basic B.Sc. Nursing Course in the academic session- 2022-23 and continued their studies, however the respondent – University has not enrolled the petitioners in spite of repeated intimation / request sent / made by the respondent No.3 - Dhanwantri Institute Of Medical Science (for short “the Institute”). 5. The coordinate Bench of this Court, vide order dated 10.05.2024, has allowed the petitioners to appear in first year examination for the post of Basic B.Sc. Nursing provisionally. Further this Court, vide order dated 07.05.2025, has directed the [2025:RJ-JP:45254] (3 of 6) [CW-4161/2024] respondent – University to permit the petitioner Nos. 1 and 6 to appear in the second year examination, however it is made clear that the result of the said students shall not be declared without permission of this Court. On 27.05.2025, this Court has allowed the rest of the petitioners to appear in the supplementary examination provisionally. 6. On 30.10.2025, under the directions of this Court, the respondent – University has produced the result of petitioners Nos.1 and 6 and it is found that both the petitioners have cleared the said second year examination. 7. Today, under the directions of this Court, the respondent – University has produced the result of supplementary examination of petitioner Nos.2, 7, 10 and 11 and the same has revealed that the petitioner Nos. 2, 7 and 10 have already cleared the supplementary examination of first year, however the petitioner No.11 has been declared failed. 8. With consent of learned counsel for the parties, the writ petition has been heard for final disposal. 9. The relevant facts, as culled out from the record, are that petitioners, being eligible and interested, has taken admission in the respondent – Institute for the post of Basic B.Sc. Nursing. It is contended that the respondent No.3 – Institute is already having an affiliation of 25 seats for the post of Basic B.Sc. Nursing against which 13 admissions have been granted, however the names of petitioners could not be uploaded due to some technical glitches and just because of the said reason, the respondent – University has not issued enrollment numbers for the petitioners. [2025:RJ-JP:45254] (4 of 6) [CW-4161/2024] 10. The counsel appearing on behalf of the respondent – Institute has stated that vide communication dated 16.06.2023, the respondent – University has directed the Principals of Nursing College to fill the remaining vacant seats by 27.06.2023. Later on, vide communication dated 05.12.2023, the respondent – University has directed to fill the Online forms for the Post Basic B.Sc. Nursing Course for enrollment / eligibility application in between 06.12.2023 to 12.12.2023. 11. Learned counsel for the respondent – Institute drawn attention of this Court to the communication dated 08.07.2023 (Ann.R/4) whereby the information with regard to the petitioners were duly sent to the respondent – University and the said communication is having the acknowledgment receipt of the respondent – University. Similarly the communication was made on 06.12.2023 (Ann.R/5) enclosing the list of students including the names of petitioners. It is stated that in spite of requisite information sent on time, the enrollment numbers have not been issued by the respondent – University. 12. Learned counsel for the petitioners, thus, submitted that looking to the said facts, this Court has granted indulgence in favour of petitioners and permitted the petitioners to appear in the respective examinations. It is also stated that as of now, the petitioner Nos. 1 and 6 have already passed the second year examination, whereas the petitioner No.2, 7 and 10 have passed the first year examination. It is stated that since petitioners are pursuing their studies of Post Basic B.Sc. Nursing Course since academic session - 2022-23, therefore, denial of enrollment numbers and permission to pursue the said course is not justified. [2025:RJ-JP:45254] (5 of 6) [CW-4161/2024] 13. Learned counsel for the respondent – University has though contested the writ petition, however has not specifically denied the receipt of communication dated 08.07.2023 (Ann.R/4) whereby the respondent – Institute has duly sent the information regarding the admissions of petitioners to the respondent – University and has also informed that due to technical error in the portal of the respondent – University, the details of petitioners could not be uploaded. However, it is undisputed that the information regarding the admissions of petitioners was duly communicated by offline mode to the respondent – University. 14. Learned counsel for the petitioners have relied upon the judgment passed by coordinate Bench of this Court in the case of Bhawna Yadav Vs. State of Rajasthan & Ors.: S.B.Civil Writ Petition No.2267/2024 wherein the coordinate Bench of this Court while dealing with the issue of similar circumstanced student has issued directions to the respondent – University to enroll the petitioner and to permit her to complete the course. 15. In view of peculiar facts of the present case, it is found that the details of petitioners could not be uploaded due to technical error in the portal of the respondent – University. Since it is an admitted factual position that vide communication dated 08.07.2023, information regarding admission of petitioners was duly given through offline mode, there was no justification available that the respondent – University for not issuing enrollment number to the petitioners. Prima facie there is no default on the part of petitioners as well as respondent No.3- Institute. Therefore the action of the respondent – university in not issuing enrollment numbers of the petitioner cannot be [2025:RJ-JP:45254] (6 of 6) [CW-4161/2024] allowed to sustain. Looking to the fact that the petitioners are pursing their studies since academic year 2022-23 and have already appeared in examinations pursuant to the consecutive interim orders passed by this Court, it is in the interest of justice to permit the petitioner to complete their studies in the course concerned. 16. In view of the discussion made hereinabove, the writ petition succeeds and is hereby allowed. The respondent – University is directed to issue enrollment numbers of the petitioners and to permit them to complete their Post Basic B.Sc. Nursing Course. The results of the examinations already attempted / to be attempted by the petitioners shall be declared accordingly. There shall be no order as to costs. 17. Stay application and any other pending application if any, also stand disposed of accordingly. (SANJEET PUROHIT),J TN/41