[2025:RJ-JP:8389] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 2267/2024 Bhawna Yadav D/o Roop Singh Yadav, Aged About 28 Years, R/o Village And Post Naghori, Tehsil Neemrana, Alwar, Raj. ----Petitioner Versus 1. State Of Rajasthan, Through The Principal Secretary Department Of Medical, Health And Family Welfare, Government Of Rajasthan, Government Secretariate, 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, Mansarover, Jaipur, Rajasthan Through Its Director Dr. R. P. Saini. ----Respondents For Petitioner(s) : Mr. Inder Raj Saini with Ms. Nikita Singhal For Respondent(s) : Mr. Yash Joshi for Mr. Vigyan Shah, AAG Mr. Dharmendra Pareek for Mr. Adityavardhan Pancholi Mr. Harphool Pankaj, Registrar, RUHS, present in person Mr. Atul Pareek, Assistant Registrar, RUHS, present in person HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Judgment / Order 25/02/2025 This writ petition is filed by the petitioner seeking a direction to the respondents to enroll her as a student of M.Sc. Nursing Sessions 2022-23 and to permit her to complete the course. The relevant facts in brief are that the petitioner, having completed her G.N.M. and Post Basic B.Sc. Nursing course, was eligible and entitled for admission in the M.Sc. Nursing course. Pursuant to a letter dated 28.04.2023 issued by the office of Chairman, Nursing Counseling Board 2022 whereby, the [2025:RJ-JP:8389] (2 of 4) [CW-2267/2024] concerned institutes/colleges were given a liberty to fill in the remaining vacant seats at their level by 10.05.2023, the petitioner was granted admission in the M.Sc. Nursing course with the respondent No.3-Dhanwantri Institute of Medical Science (for brevity “the Institute”) on 05.05.2023. Alleging that while, other nine candidates pursuing M.Sc. Nursing course alongwith her were enrolled by the respondent No.2-Rajasthan University of Health Sciences (for brevity “the RUHS”) and were permitted to write the examination, she was denied this benefit hence, the instant writ petition. Learned counsel for the petitioner submits that since, she was eligible for admission in M.Sc. Nursing course and was granted admission on 05.05.2023 by the Institute pursuant to the letter dated 28.04.2023 issued by the Nursing Counseling Board 2022 and is pursuing her regular studies, she is entitled for enrollment with the RUHS with a right to complete the course. He, therefore, prays that the writ petition be allowed and the respondent-RUHS be directed to do the needful. Learned State Counsel submits that it is a formal party. Learned counsel for the RUHS, inviting attention of this Court towards the letter dated 14.12.2023 (Annexure-R/4) issued by the Institute to it, would submit that it has forwarded details of only nine candidates for enrollment excluding the petitioner and therefore, she could not be enrolled. He, however, did not dispute that the petitioner was eligible for admission in the M.Sc. Nursing course Sessions 2022-23 and she was admitted with the Institute well in time in accordance with the letter dated 28.04.2023 issued [2025:RJ-JP:8389] (3 of 4) [CW-2267/2024] by the Nursing Counseling Board 2022. He prays for dismissal of the writ petition. Heard. Considered. The undisputed facts are that the petitioner was eligible and entitled for admission in the M.Sc. Nursing course for the Sessions 2022-23, was given admission on 05.05.2023 by the Institute in accordance with the letter dated 28.04.2023 issued by the Nursing Counseling Board 2022 and is pursuing her studies regularly alongwith other students. The only objection raised by the RUHS against her enrollment with it is that the Institute did not refer her name for enrollment while referring the name of other nine candidates vide letter dated 14.12.2023. It is also an admitted position that the intake capacity of the Institute is ten students in M.Sc. Nursing course and the petitioner comprises of the permissible intake capacity. None appears for the Institute despite service to explain as to why the name of the petitioner was not recommended for enrollment despite issuing the letter dated 02.11.2023 (Annexure- R/3) to the RUHS intimating that on leaving the M.Sc. Nursing course Sessions 2022-23 midway by Shri Rajendra Prasad Kasana, in his place, the petitioner was given admission and was pursuing her course. In the aforesaid facts and circumstances, it is apparent that the petitioner was eligible and entitled for admission in M.Sc. Nursing course Sessions 2022-23, was given admission by the Institute as per permission granted to it by the Nursing Counseling Board 2022 vide letter dated 28.04.2023 well in time and her admission was notified by the Institute to the RUHS. [2025:RJ-JP:8389] (4 of 4) [CW-2267/2024] In view thereof, no fault of the petitioner is revealed for her non-registration with the RUHS and she cannot be made to suffer and her career can be jeopardized only on account of non- recommendation of her name by the Institute for enrollment for no apparent reason. This Court has, vide an interim order dated 15.02.2024, after hearing the learned counsels for the respective parties, permitted the petitioner to fill in the examination form and to write the examination on provisional basis. As per her result declared by the RUHS, she has cleared the M.Sc. Nursing Previous (Main) Exam.Feb.-2024. In view of the aforesaid discussion, this Court deems it just and proper to allow this writ petition. Resultantly, this civil writ petition is allowed. The respondent No.2-RUHS is directed to enroll the petitioner and to permit her to complete her course. However, the RUHS shall be at liberty to take appropriate action against the respondent No.3-Institute permissible under the law for not recommending the petitioner’s name for enrollment. Pending application(s), if any, also stands disposed of. (MAHENDAR KUMAR GOYAL),J Manish/s-151