SAURABH MAURYA S/O SHRI MURARY LAL MAURYA v. THE STATE OF RAJASTHAN
WMAP/566/2026 · 2026-09-03
Sameer Jain
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 14271 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 14271 (RAJ) · dailylaw.ai ]
Judgment text
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[2026:RJ-JP:35583] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Writ Miscellaneous Application No. 566/2026 CNR: RJHC020864512026 | URN: WMAP / 1102U / 2026
1. Saurabh Maurya S/o Shri Murary Lal Maurya, Aged About 19 Years, Resident Of Mohalla Raigaro Ka, Bhainslana, Jaipur. 2. Gajal Kumar Ratawal S/o Shri Shankar Lal Ratawal, Aged About 19 Years, Resident Of Mohalla Raigaro Ka, Bhainslana, Jaipur. 3. Mohit Soni S/o Shri Narendra Soni, Aged About 20 Years, Resident Of Village Sunderpura, Jaipur-303108. 4. Sachin Yadav S/o Shri Lekhraj Yadav, Aged About 19 Years, R/o Moti Ki Dhani, Narayanpur, Awalwar. 5. Rahul Gurjur S/o Mahendra Gurjar, Aged About 18 Years, R/o Bad Dayal, Neemuchana, Alwar, Rajasthan. 6. Vipin Kumar S/o Shri Dharmendra Yadav, Aged About 19 Years, Resident Of Gunta, Goonta, Alwar. 7. Ajay Gurjar S/o Shri Budhram Gurjar, Aged About 19 Years, Resident Of House No.252, Bhedanti, Mahendragarh, Haryana. 8. Amit S/o Shri Roshan Lal Sevli, Aged About 20 Years, Resident Of Meoli, Alwar. 9. Pawan Yadav S/o Shri Kailash Chand, Aged About 19 Years, Resident Vpo Ratanpura, Tehsil Bansoor, District Alwar. 10. Ravina Kumari Saini D/o Mukesh, Aged About 18 Years, Resident Of Langda Balaji, Gurjar Seemla, Dausa, Rajasthan. 11. Aditya Saini, Aged About 17 Years, (Minor) Through His Father Shri Mukesh Kumar Saini, S/o Shri Mukesh Kumar Saini, S/o Shri Dayaram Saini, Aged About 50 Years, Resident Of Gaushala Marg, Kotpootli, Jaipur. 12. Neha Nainawat D/o Shri Ashok Kumar Nainawat, Aged About 20 Years, Resident Of Ward No.23, Sedh Ka Bas, Shahpura, Jaipur. 13. Rajnikant Yadav, Aged About 17 Years, (Minor), Through His Father Shri Naresh Kumar Yadav S/o Shri Hajari Lal Yadav, Aged About 37 Years, Resident Of Dhani
[2026:RJ-JP:35583] (2 of 5) [WMAP-566/2026] Lakhyawali, Village Khelna, Tehsil Pawta, Jaipur. 14. Sumit Kirodiwal, Aged About 17 Years, (Minor) Through His Father Shri Pawan Kumar Kirodia S/o Shri Prahalad Rai Kirodia, Aged About 47 Years, Resident Of Dhani Chechiyala, Gardrata, Jhunjhunu. 15. Vivek Kumar S/o Shri Ajay Kumar, Aged About 19 Years, Resident Of Khatnawali, Tehsil Bayana, District Bharatpur. 16. Mohit Choudhary S/o Shri Jale Singh, Aged About 19 Years, Resident Of Dhani Badki, Village Khurdi, Tehsil And District Kotpootli. 17. Devendra Saini S/o Shri Jaile Singh, Aged About 20 Years, Resident Of Bamanwas, District Alwar. 18. Ravi Saini S/o Shri Rajesh Kumar Saini, Aged About 18 Years, Resident Of Ward No.19, Mohalla Buchaheda, Kotpootli, Jaipur. 19.
Sachin Kumar S/o Shri Brijmohan, Aged About 19 Years, Resident Of Village Dhwaja Moroli, Jaspur, Bharatpur. 20. Prince Kumar Saini S/o Shri Yogesh Kumar Saini, Aged About 18 Years, Resident Of Mohalla Buchaheda, Ward No.16, Kotpootli. 21. Tushar Sharma S/o Shri Dinesh Kumar Sharma, Aged About 20 Years, Resident Of Ward No.26, Mohalla Sarai, Near Sitaramji Temple, Kotpootli. 22. Kapil Kumar Yadav S/o Shri Rajpal Yadav, Aged About 19 Years, Resident Of Ramsinghpura, Chhaja Ki Nangal, Sikar. 23. Hasina Yadav D/o Ramkaran Yadav, Aged About 21 Years, Resident Of Dhani Shyamwali, Vpo Pawana Aheer, Kotpootli. 24. Hemraj Bunkar, Aged About 17 Years, (Minor) Through His Father Shri Ganesh Chandra Bunkar S/o Shri Kanharam, Resident Of Ward No.2, Bai Ka Was, Jaipur. 25. Muskan Dhanka D/o Shri Ramesh Chand Dhanka, Aged About 19 Years, Resident Of Fatehpura Kalan, Kasli, Kotpootli. 26. Manisha Kasana D/o Mahendra Kasana, Aged About 20 Years, Resident Of Village Putali, Post Kalyanpura Khurd, Kotpootli. [2026:RJ-JP:35583] (3 of 5) [WMAP-566/2026]
27. Harshvardhan Sethi S/o Shri Jagmohan, Aged About 19 Years, Resident Of Village Basra, Tehsil Kishangarh Bas, Alwar. ----Petitioners Versus
1. The State Of Rajasthan, Through Its Principal Secretary, Medical And Health Department, Govt. Secretariat, Jaipur, Rajasthan. 2. Rajasthan Nursing Council, Through Its Registrar, B-39 Sardar Patel Marg, C-Scheme, Jaipur, Rajasthan. 3. Registrar, Rajasthan University Of Health Science Sector- 18 Pratap Nagar Jaipur. 4. Controller Of Examination, Rajasthan University Of Health Science, Jaipur Sector-18 Kumbha Marg, Tonk Road, Jaipur. 5. Shri Krishna College Of Nursing, Kotpootli Through Its Director, Shri Deepak Sharma S/o Late Shri Surya Prakash Sharma, Dabla Road, Near Satyam Marriage Garden, Kotpootli. ----Respondents For Petitioner(s) : Mr. Munesh Bhardwaj For Respondent(s) : Ms. Rekha Jain with Ms. Shama Khan for M.A. Khan HON'BLE MR. JUSTICE SAMEER JAIN (Through Video Conferencing)
Order 03/09/2026
1.
Learned counsel Mr. Munesh Bhardwaj has filed an application for revival of S.B. Civil Writ Petition No.11176/2025 which was dismissed as withdrawn vide order dated 12.08.2026.
Learned counsel has drawn attention of the Court towards para Nos.12 and 13 of the application which are reproduced as under :
“12. That on the basis of the assurance given by the Respondent University petitioners have withdrawn their writ petition no. [2026:RJ-JP:35583] (4 of 5) [WMAP-566/2026] No.11176/2025, on dated 12.08.2026, but it was very shocking to the petitioners when neither result of the examination of B.Sc. Nursing Part- I & II was declared nor the online portal for accepting their examination form, for the examination of B.Sc. Nursing-III Semester Main Examination-2026, was opened. 13. That it was also shocking to the petitioners when they came to know about the impugned order dated 25.08.2026, issued by the Registrar, Rajasthan University of Health Science, to the Principal of Shri Krishna College of Nursing and was provided to the petitioners by the Institution. By the aforesaid order the petitioners admitted in the course of B.Sc. nursing in academic session 2022-23, 2023-24 and 2024-25, in Shri Krishna College of Nursing, in compliance of the interim order of the Hon'ble High Court were denied to regularize by the University. Copies of the orders dated 22.06.2026 and 25.08.2026 are annexed herewith and marked as Annexure-4 & 5 respectively.”
2. Placing reliance upon the same, it was consciously submitted that for redressal of the grievance, petitioners have filed fresh writ petition which was listed for provisional participation in the forthcoming examination. He has submitted that parallel present revival application is also filed on account of reason stated in para Nos.12 and 13. He has submitted that in the equal similarly situated matters, the Court has given indulgence and permitted provisional participation to the students like petitioners. 3. Having heard and considered the submission, for the following reasons, the application is disposed of with the following observation: (i) A fresh writ petition has admittedly been filed on account of subsequent developments as reiterated in para Nos.12 and 13 of the application. (ii). It is a settled position of law that two parallel remedies cannot be taken. It is also trite law that petitioners cannot be made remediless. In the facts and circumstances, the present
[2026:RJ-JP:35583] (5 of 5) [WMAP-566/2026] revival application is disposed of, giving liberty to the petitioners to pursue their remedy in the fresh writ petition, which has been filed by them. (iii).
The present order and any other order will not cause any prejudice to the petitioners. They would be at liberty to argue their case in accordance with law. 4. In light of the above, present application is disposed of. Pending application, if any, is also disposed of. (SAMEER JAIN),J 1/Anil Choudhary/Raksha Rakhecha