Rajasthan High Court – Jodhpur
Fiza Khan vs The Rajasthan University Of Health … on 19 August, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:37035]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 11437/2025
1. Abhishek Sharma S/o Shri Jyoti Prakash Sharma, Aged
About 20 Years, R/o Chuni Ki Chowki, Brahmpuri,
Navchowkiya, Jodhpur.
2. Sunil Parmar S/o Mansukh Lal, Aged About 20 Years, R/o
Shanti Nagar, Masuriya, Jodhpur.
3. Yogesh Daiya S/o Dhagla Ram Daiya, Aged About 21
Years, R/o Soorsagar, Jodhpur.
4. Mehtab Husain S/o Altaf Mohammed, Aged About 20
Years, R/o A-207, Kabir Nagar, Jodhpur.
5. Mohit Prajapat S/o Vishnu Prajapat, Aged About 22 Years,
R/o Pipli Wali Gali, Veer Shiv Gas Office Ke Piche,
Ratanada, Jodhpur.
6. Selvistor.s S/o Shri Shashi Kumar A, Aged About 22
Years, R/o 2G-24, Madhuban Chb, Jodhpur.
7. Pradhyuman Singh Solanki S/o Shri Vikram Singh
Solanki, Aged About 21 Years, R/o Pipli Chaowk, Gulab
Sagar Ki Neher, Jodhpur.
----Petitioners
Versus
1. The State Of Rajasthan, Through Its Secretary, Medical
And Health Department, Government Of Rajasthan,
Secretariat, Jaipur.
2. The Rajasthan Nursing Council, Through Its Registrar, B-
39, Sardar Patel Marg, C Scheme, Jaipur.
3. Rajasthan University Of Health Science, Through Its
Registrar, Kumbha Marg, Sector 18, Pratap Nagar, Tonk
Road, Jaipur.
4. Private Physiotherapy, Nursing And Para Medical
Institutions Society, Branch Office Jodhpur Through Its
Secretary, Plot No. 273, Subhash Nagar, Pal Road,
Jodhpur Rajasthan.
5. Mai Khadija Institute Of Nursing Science, Kamla Nehru
Nagar, Pal Link Road Jodhpur Through Its Principal.
----Respondents
Connected With
(D.B. SAW/1016/2023 has been filed in this matter. Please refer the same for further orders)
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S.B. Civil Writ Petition No. 2765/2023
Mai Khadija Institute Of Nursing Science, Kamla Nehru Nagar, Pal
Link Road, Jodhpur, Rajasthan, Through Its Principal Shri
Jitendra Khatri S/o Shri Bhim Raj Khatri, Age 46 Years, Resident
Of - Khatri Niwas, Plot No. - 12, Arihant Nagar, Pal Road, Near
Pipali Circle, Jodhpur.
----Petitioner
Versus
1. State Of Rajasthan, Through Its Secretary, Medical And
Health Department Government Of Rajasthan,
Secretariat, Jaipur.
2. The Rajasthan Nursing Council, Jaipur, Through Its
Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur.
3. The Rajasthan University Of Health Science, Through Its
Registrar, Kumbha Marg, Sector-18, Pratap Nagar, Tonk
Road, Jaipur.
4. Private Physiotherapy, Nursing And Para Medical
Institutions Society, Branch Office Jodhpur Through Its
Secretary, Plot No. 273, Subhash Nagar, Pal Road,
Jodhpur Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 18533/2023
1. Fiza Khan D/o Firoj Khan, Aged About 18 Years, Gali No.
1, Maliyon Ke Shamshan Ke Peeche, Kabir Nagar, Ward
No. 12, Jodhpur, Rajasthan.
2. Sneha Solanki D/o Suresh Solanki, Aged About 18 Years,
Murli Vilas, Inside Siwanchi Gate, Jodhpur, Rajasthan.
3. Jalnigar D/o Firoj, Aged About 20 Years, Gali No. 4, Rajiv
Gandhi Colony, Somani College, Jodhpur, Rajasthan.
4. Muskan Bano D/o Muhmad Rafik, Aged About 24 Years,
Barkatullah Khan Colony, Aakhaliya Circle, Jodhpur,
Rajasthan.
5. Shakil Ahamad S/o Makbool Ahemad, Aged About 18
Years, Haji Nagar, N.h. 15, Near Nagoriyo Ki Dhani,
Jodhpur, Rajasthan.
6. Manisha Jat D/o Baksa Ram, Aged About 19 Years, Khoja
Nagar, Hariya Dhana, Jodhpur, Rajasthan.
7. Sujjat Husain S/o Ayub Khan, Aged About 19 Years, Kori
(D.B. SAW/1016/2023 has been filed in this matter. Please refer the same for further orders)
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Dhavecha, Jalore, Rajasthan.
8. Aabid Hussain S/o Jahid Hussain, Aged About 18 Years,
Baral - 2, Bijainagar, Ajmer, Rajasthan.
9. Rajjak Khan S/o Peere Khan, Aged About 19 Years,
Sujoniyion Ki Dhani, Bagoda, Khokha, Kori Dhavecha,
Jalore, Rajasthan.
10. Abhishek Sharma S/o Jyoti Prakash Sharma, Aged About
19 Years, Chune Ki Choki, Bhampuri, Navchowkiya,
Jodhpur, Rajasthan.
11. Mohit Prajapat S/o Vishnu Prajapat, Aged About 21 Years,
Pipli Wali Gali, Behind Veer Shiv Gas Office, Ratanada,
Jodhpur, Rajasthan.
12. Mohammad Rafik S/o Suleman, Aged About 19 Years,
Malar, Jodhpur, Rajasthan.
13. Lucky Teji S/o Jitendra Teji, Aged About 19 Years, Dr.
Ambedkar Colony, Pratap Nagar, Jodhpur, Rajasthan.
14. Bharat Saraswat S/o Shiv Kumar Saraswat, Aged About
19 Years, 176 Bada Bavad, Asop, Jodhpur, Rajasthan.
----Petitioners
Versus
1. The Rajasthan University Of Health Science, Through Its
Registrar, Kumbha Marg, Sector 18, Pratap Nagar, Tonk
Road, Jaipur.
2. Mai Khadija Institute Of Nursing Science, Kamla Nehru
Nagar, Pal Link Road, Jodhpur, Rajasthan, Through Its
Principal Shri Jitendra Khatri S/o Shri Bhim Raj Khatri,
Age 46 Years, R/o Khatri Niwas, Plot No. 12, Arihang
Nagar, Pal Road, Near Pipli Circle, Jodhpur.
----Respondents
S.B. Civil Writ Petition No. 18554/2023
1. Manoj S/o Shri Gordhan Ram, Aged About 18 Years,
Senwaro Ki Dhani, Dandali, Barmer, Rajasthan.
2. Alveera Khan D/o Mohammad Ayub, Aged About 20
Years, Mohalla Tabut Ka Chowk, Ishaakiya School Ke Pass,
Jodhpur, Rajasthan.
3. Kishore Kumar S/o Shri Jogendra Kumar, Aged About 18
Years, Berdo Ki Dhani, Rani Gav, Village Balau, Post
Balau, District Barmer.
(D.B. SAW/1016/2023 has been filed in this matter. Please refer the same for further orders)
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4. Abdul Juber S/o Abdul Sattar Khan, Aged About 20 Years,
Care Of Abdul Sattar Khan, Sayarpura Kaparda, Jodhpur.
5. Sonali D/o Shri Omprakash, Aged About 19 Years, Siyago
Ka Bas, Bara Kalan, Post Kheri Salwa, District Jodhpur.
6. Yagyesh Dubey S/o Shri Niraj Dubey, Aged About 20
Years, 12/105, Choupasani Housing Board, Jodhpur.
7. Sunil S/o Shri Tejaram, Aged About 20 Years, Aaglecho Ka
Bas, Seervi Bas, Village Bhavi, District Jodhpur.
8. Mehtab Hussain S/o Altaf Mohammad, Aged About 19
Years, C/o Altaf Mohammad, 334, Opp. New Kohinoor
Bapu Colony, Chopasani Road, Jodhpur.
9. Nandani Panwar S/o Shri Omprakash, Aged About 22
Years, 2/s/55, Shopping Center Pratapnagarh,
Nandanvan, Jodhpur.
10. Pawan Kumar S/o Shri Sagar Ram, Aged About 18 Years,
Sekhniyawas, Hingoli, Jodhpur.
11. Mohit Bishnoi S/o Shri Chaina Ram, Aged About 19 Years,
Bhadwasiya Hospital Ke Piche Bhadvasiya, Jodhpur.
12. Sudhir Ramawat S/o Shri Dinesh Ramawat, Aged About
23 Years, 228, Mahaveer Nagar, Guro Ka Talab Road,
Kamla Nehru Nagar, Jodhpur.
13. Selvistor S. S/o Shri Sasi Kumar, Aged About 21 Years,
A2G24, Madhuban Housing Board, Basni 1St Phase,
Jodhpur.
14. Ashraf Khan S/o Taju Khan, Aged About 19 Years, Sindhi
Nagar, Kaprda, Jodhpur.
15. Irfan Ahmad S/o Shri Nishar Ahmed, Aged About 18
Years, Vyapariyo Ka Bas, Village Lambiya Anandpur Kalu
District Pali Rajasthan.
16. Mohit Sen S/o Shri Arvind Sen, Aged About 21 Years,
Outside Amar Hostel, Nagaur, District Nagaur.
17. Taniya D/o Shri Anil, Aged About 19 Years, Dr. Ambedkar
Colony, Pratap Nagar, Jodhpur, Rajasthan.
18. Osaf Umar S/o Saifullah Khalid, Aged About 20 Years,
Vyapariyo Ka Bas, Ward No. 15, Pipar Shahar, Jodhpur
Rajasthan.
19. Simran Pathan D/o Mohammad Ayub, Aged About 19
Years, Opposite Tehsil, Subhash Colony, Bilara, Jodhpur.
(D.B. SAW/1016/2023 has been filed in this matter. Please refer the same for further orders)
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20. Yogesh Daiya S/o Shri Dhagala Ram, Aged About 20
Years, Meghwal Basti, Soorsagar, Jodhpur.
21. Pradhyuman Singh Solanki S/o Shri Vikram Singh, Aged
About 19 Years, Gulab Sagar Nahar, Pipli Chowk Ke Piche,
Jodhpur.
22. Javed Hussain S/o Shri Sabir Husain, Aged About 23
Years, Olypic Cinema Ke Piche, Hakam Bag, Jodhpur.
23. Vivek Singh Bhati S/o Shri Banne Singh Bhati, Aged
About 24 Years, 1-B-430, Kudi Bhagtasani Housing Board,
Jodhpur.
24. Mohammad Junaid S/o Basheer Ahmed, Aged About 18
Years, Qureshi Mohalla, Sathani Road, Padoo Kalan,
Nagaur.
25. Shakeena Bano D/o Rasul Khan, Aged About 19 Years,
Poshal, Barmer, District Barmer.
26. Rahamtulla S/o Mehardin, Aged About 24 Years, Mulaniyo
Ki Dhani, Jaloda, Jodhpur.
27. Sunil Parmar S/o Shri Manshukh Lal, Aged About 19
Years, Shanti Nagar, Masuriya Jodhpur District Jodhpur.
28. Mohammad Fayyaz Hussain S/o Farhat Hussain Qureshi,
Aged About 19 Years, Vyapariyon Ka Mohalla, Boroonda,
District Jodhpur.
29. Pirane Khan S/o Shri Allabaks Khan, Aged About 19
Years, Chinnoo, Jaisalmer, District Jaisalmer.
30. Arhan Khan S/o Shri Abudl Latif, Aged About 19 Years,
Merta Road, Sbbj Bank Ke Pass, Merta Road, Nagaur
District Nagaur.
31. Aadil S/o Hakam Ali, Aged About 21 Years, Purane Court
Ke Pass, Merta Road, Nagaur District Nagaur.
32. Mohammad Irfan S/o Shri Ibrahim Mohammad, Aged
About 20 Years, Sardar School Ke Samne, Gali No. 4,
Hakim Bag, Jodhpur, District Jodhpur.
33. Ishrat Bano D/o Ishlam Mohammad, Aged About 18
Years, Hakim Bag, Gali No. 4, Sardarpura, Jodhpur,
District Jodhpur.
----Petitioners
Versus
1. The Rajasthan University Of Health Science, Through Its
(D.B. SAW/1016/2023 has been filed in this matter. Please refer the same for further orders)
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Registrar, Kumbha Marg, Sector-18, Pratap Nagar, Tonk
Road, Jaipur.
2. Mai Khadija Institute Of Nursing Science, Kamla Nehru
Nagar, Pal Link Road, Jodhpur, Rajasthan, Through Its
Principal Shri Jitendra Khatri S/o Shri Bhim Raj Khatri,
Age 46 Years, R/o Khatri Niwas, Plot No. 12, Arihant
Nagar, Pal Road, Near Pipli Circle, Jodhpur.
----Respondents
For Petitioner(s) : Mr. Kapil Purohit
Mr. Vikram Kurada
Mr. Uttam Khan
Mr. Priyank Kewaliya
For Respondent(s) : Mr. N.S. Rajpurohit, AAG
Ms. Akshiti Singhvi
Mr. Sangram Singh
Ms. Ruchi Parihar, AGC
Mr. Sher Singh Rathore
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
19/08/2025
1. The present batch of writ petitions involves dispute with
regard to irregular/illegal admission of the students in the institute
imparting B.Sc. (Nursing) Course, therefore, the same is decided
by this common order.
Facts of the case:
2. The petitioner- Mai Khadija Institute of Nursing Science
(S.B.C.W.P No.2765/2023) which is imparting education by
undertaking the course of B.Sc. (Nursing) with 50 seats has
preferred the instant writ petition praying that the respondent-
The Rajasthan Nursing Council and Rajasthan University Of Health
Science may be directed to grant the NOC (No Objection
Certificate) to the petitioner institution for conducting B.Sc.
(D.B. SAW/1016/2023 has been filed in this matter. Please refer the same for further orders)
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(Nursing) course for the Academic Session 2022-23 with intake
capacity of total 100 seats.
3. This Court on 20.03.2023 after hearing learned counsel for
the petitioner-institute permitted it to participate in the
counselling for B.Sc. (Nursing) course for the Academic Session
2022-23, however, it was made clear to the petitioner – institute
that the participation in the counselling shall not create any right
in favour of the petitioner- institution and result of the counselling
shall not be given effect without prior leave of this Court.
4. The record of the case indicates that this Court after passing
interim order dated 20.03.2023 at no point of time, granted leave
to the petitioner- institute to admit students against the 50
additional seats. However, the petitioner- institution at its own
admitted students and allowed them to pursue studies of B.Sc.
(Nursing) course.
5. When the admission/examination forms of the students
admitted by the petitioner- institution in addition to the sanctioned
50 seats were forwarded to the Rajasthan University of Health
Science (hereinafter referred to as the ‘University’), the same
were not accepted by the University on the ground that it does not
have valid permission to admit 100 students for B.Sc. (Nursing)
course for the Academic Session 2022-23.
6. The students of the petitioner- institute in these
circumstances, preferred S.B. CWP No.18533/2023 (Fiza Khan &
Ors. v. RUHS & Anr.) and S.B. CWP No.185554/2023 (Manoj and
Ors. v. RUHS and Ors.) before this Court seeking a direction upon
the University to enroll and register the petitioner- students for
B.Sc. (Nursing) course for the Academic Year 2022-23 and also to
(D.B. SAW/1016/2023 has been filed in this matter. Please refer the same for further orders)
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permit them to fill up examination form and allow them to appear
in the examination of the B.Sc. (Nursing) course.
7. This Court on 28.11.2023 after hearing learned counsel for
the petitioner- students while issuing show cause notices to the
respondents directed the University to accept their examination
forms on provisional basis, however, University was directed not to
declare their results until further orders are passed by this Court.
The petitioner- students in compliance of the order dated
28.11.2023 were allowed to sit in the first semester examination
of B.Sc. (Nursing) course on provisional basis.
8. The respondent University challenged the interim order
passed by this Court directing respondents to accept examination
forms of the petitioners before Division Bench of this Court by way
of filing D.B. Special Appeal (Writ) No.1016/2023 (RUHS v. Fiza
Khan & Ors.) and D.B. Special Appeal (Writ) No.1017/2023 (RUHS
v. Manoj & Ors.). The Division Bench initially, stayed the further
proceedings in S.B. CWP No.18533/2023 but later on, vide order
dated 02.07.2024 disposed of the Special Appeal (Writs) without
going into the merits of the case, and only by noticing the fact
that the students have already been provisionally allowed to
appear in the examination and, therefore, no fruitful purpose
would be served by keeping these Special Appeal (Writs) pending.
9. After disposal of the aforesaid Special Appeal Writs, the
petitioners- students were permitted by the respondent-
University to appear in the second semester examination held in
the month of January, 2025. However, the result of the
petitioners- students has not been declared till date.
(D.B. SAW/1016/2023 has been filed in this matter. Please refer the same for further orders)
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10. It is pertinent to note here that while S.B. CWP
No.2765/2023 filed by the petitioner- institution and S.B. CWP
No(s).18533/2023 and 18554/2023 filed by the petitioners-
students were pending adjudication before this Court and another
Writ Petition being S.B. CWP No.11437/2025 (Abhishek Sharma &
Ors. v. State of Rajasthan & Ors.) came to be filed by the students
of the petitioner- institute with a prayer that due to the
deficiencies not being removed by the institutes, the academic
careers of the students admitted on additional 50 seats is at stake
and, therefore, in the event the institute fails to remove the
deficiencies, the students may be shifted to another institute so
that they can continue their B.Sc. (Nursing) course without any
disruption.
Arguments on behalf of petitioner-institute; petitioners-
students:
11. Learned counsel appearing on behalf of the petitioner-
institution submitted that this Court vide interim order dated
20.03.2023 provisionally allowed the institute to participate in the
ongoing counselling for B.Sc. (Nursing) course for the Academic
Session 2022-23 with a rider that end result of the counselling
shall not be given effect without leave of this Court. However, due
to some misunderstanding and error in interpretation of the
interim order dated 20.03.2023, the petitioner- institute after
counselling for the Academic Session 2022-23 without obtaining
leave of this Court, admitted 50 students in addition to the
approved seats. Learned counsel submitted that the petitioner-
institution after having completed all the requisite formalities is
running the institution in accordance with law. He further
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submitted that adequate infrastructure for imparting education in
the B.Sc. (Nursing) course against 100 seats is available with the
institute and, therefore, there is no just and valid reason available
with the respondents not to grant/issue “No Objection Certificate
(NOC)” on enhanced number of seats. On these grounds, learned
counsel for the petitioner- institution prayed that the S.B. CWP
No.2765/2023 filed on behalf of the petitioner- institution may be
allowed and an appropriate directions may be issued to the
respondents to regularize admission of the petitioners-students
admitted by it pursuant to the interim order dated 20.03.2023
passed by this Court.
12. Learned counsel appearing for the students vehemently and
fervently submitted that at no point of time, they were informed
by the petitioner- Mai Khadija Institution of Nursing Science that it
does not possess a permission/NOC from the respondents to
admit students against 50 additional seats. Learned counsel
contended that these students are bona fide students who have
completed one Academic Year in the institution and have appeared
in the First and Second Semester conducted by the University and,
therefore, denial of NOC to the institute by the respondents- State
Government/University cannot be taken as a weapon to practically
destroy the education career of these students.
13. Learned counsel for the students prayed that either the
petitioner- Mai Khadija Institute of Nursing Science may be
granted time to remove the deficiencies while permitting the
petitioners- students to complete their studies or in the
alternative, the petitioners-students may be shifted to any other
institutions imparting education in B.Sc. (Nursing) course.
(D.B. SAW/1016/2023 has been filed in this matter. Please refer the same for further orders)
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Arguments on behalf of respondents- University and State:
14. Per contra, learned counsel Mr. Narendra Singh Rajpurohit,
AAG and Ms. Akshiti Singhvi appearing on behalf of the
respondents submitted that the interim order dated 20.03.2023
passed by this Court is very clear yet the petitioner- institution in
utter disregard to the interim order passed by this Court admitted
the students in the B.Sc. (Nursing) course. Learned counsel
submitted that illegal admissions granted to the students by the
petitioner- institution against the 50 additional seats cannot be
regularized as the same would tantamount to subversion of law
and regulations governing this field. Learned counsel submitted
that if a direction is issued to the University to regularize the
admission of the petitioners- students in Mai Khadija Institute of
Nursing Science then, the same would be nothing but directing the
University to disobey the statues to which it owes it existence and
the regulations made by the University itself.
15. Mr. Narendra Singh Rajpurohit, AAG submitted that as a
matter of fact, the request of the petitioner- institute for
enhancement of seats from 50 to 100 was already turned down by
the State Government vide letter dated 04.03.2024. The letter
dated 04.03.2024 denying the permission to the petitioner –
institution for enhancement of seats has not been challenged
independently before any competent forum and, therefore, the
petitioner- institution is not entitled for any relief as prayed for in
S.B. CWP No.2765/2023 (Mai Khadija Institute of Nursing Science
v. State of Rajasthan & Ors.).
Analysis of arguments & directions:
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16. Heard learned counsel for the parties at Bar. Perused the
material available on record.
17. The order dated 20.03.2023 passed by this Court in S.B.
CWP No.2765/2023 is reproduced below for ready reference:-
“Mr. Shreyansh Mardia, learned counsel puts in
appearance on behalf of the petitioner-Institute submits that
in identical circumstances, this Hon’ble Court had granted an
interim order, permitting the petitioner-Institute to participate
in the counselling for the Academic Session 2021-22.
Issue notice to the respondents, returnable within a
period of four weeks.
List along with S.B. Civil Writ Petition No.12832/2022.
In the meanwhile, the petitioner-Institute be
provisionally allowed to participate in the ongoing
counselling for B.Sc. (N) Course for the Academic
Session 2022-23. However, the participation of the
counselling shall not create any right in favour of the
petitioner-Institute and the end result of the
counselling shall not be given effect without prior
permission of this Court.”
[Emphasis supplied]
18. The language of the interim order dated 20.03.2023 is clear
and unambiguous. It is really shocking to note that despite clear
directions of this Court to the petitioner- institution to provisionally
participate in the ongoing counselling for B.Sc. (Nursing) course
for the Academic Session 2022-23 and not to give effect to the
end result of the counselling without prior permission of this
Court, the petitioner-institution without taking any permission or
leave of this Court to admit the students after the end of the
counselling process, not only admitted students beyond permitted
seats but also allowed them to undertake the studies.
19. This Court is also surprised to note that the communication
letter dated 04.03.2024 whereby the “No Objection Certificate”
was denied to the petitioner- institution for the enhanced intake
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[2025:RJ-JD:37035] (13 of 16) [CW-11437/2025]capacity of the 50 students has not been challenged independently
by the petitioner- institution and yet the students were allowed to
pursue their B.Sc. (Nursing) course for the Academic Year 2022-
23. This Court has no hesitation in reaching to a conclusion that
the petitioner- institution which is established for the purpose of
imparting education in its greed to earn money or admit the
students beyond the sanctioned seats has not only played with the
future of the students but has also put their entire academic
career/valuable one year at stake. The mental agony and
expenses of litigation and the valuable period of life of the
students cannot be compensated, if due to an illegal act and
action of the petitioner- institution, their admissions in B.Sc.
(Nursing) course is declared null and void.
20. This Court keeping in view the fact that the students at the
time of their admission in the petitioner- institute were kept in
dark with regard to the pendency of S.B. CWP No.2765/2023 (Mai
Khadija Institute of Nursing Science v. State of Rajasthan & Ors.)
and “No Objection Certificate” for 50 additional seats being denied
to the petitioner- institute due to various deficiencies in the
institute directed Ms. Akshiti Singhvi, Advocate appearing for the
respondents- University to explore the possibility of
accommodating petitioner- students in other institute so as to
allow them to complete their B.Sc. (Nursing) course.
20.1 Ms. Akshiti Singhvi, Advocate under instructions of the
University during the course of hearing, informed the Court that
the possibility of petitioners- students being
accommodated/transferred to other Nursing Institutes can be
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explored by the respondents- University subject to the University’s
Policy for transfer of students.
20.2 On being asked a specific question regarding number of
vacant seats in recognized institution of B.Sc. (Nursing) course for
Academic Session 2022-23 as on 02.08.2025, she informed the
Court that about 92 seats of B.Sc. (Nursing) course Academic
Session 2022-23 are available in different recognized institutions
in the State of Rajasthan.
21. In view of aforesaid factual background of the case and
reaching to a conclusion that no fault is attributable to the
candidates who have taken their admission and pursued their
studies in the respondent- institute and whereupon, when came to
know about admissions being granted to them by the petitioner-
institution in defies of this Court’s order dated 20.03.2023 without
any delay approached this Court ventilating their grievances,
deems it just and proper to direct the respondent- University to
declare the results of First and Second Semester of the
petitioners- students. Those students who have cleared both First
and Second Semester Examination in first attempt shall be eligible
to make an application before the Registrar of the RUHS, Jaipur
for their transfer to a recognized B.Sc. (Nursing) Colleges out of
Jodhpur city within a period of 20 days from the date of receipt of
web copy of the order.
22. The petitioners-students shall also file an undertaking
alongwith their application for transfer to the another recognized
B.Sc. (Nursing) Colleges indicating therein that the decision of the
Registrar/Competent Authority of the RUHS, Jaipur in relation to
(D.B. SAW/1016/2023 has been filed in this matter. Please refer the same for further orders)
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[2025:RJ-JD:37035] (15 of 16) [CW-11437/2025]
their transfer to another institutes shall be final and that they shall
not dispute the decision of the Registrar/Competent Authority of
the RUHS, Jaipur with regard to new allotment/transfer of college
before any forum and will accept the same as it is. Further, they
shall pay the fee for the remaining period (Academic
Sessions) to the colleges where he/she is transferred, as per the
applicable policy of that institute.
23. For the unpleasant situation which has been created in the
present case and keeping in view the contemptuous behaviour of
the petitioner- Mai Khadija Institute of Nursing Science, this Court
deems it just and proper to impose a cost of Rs.5,00,000/- (in
words, Rupees Five Lacs) upon the petitioner- Mai Khadija
Institute of Nursing Science. The imposed cost shall be deposited
by the petitioner- institute with the respondent- RUHS within a
period of 20 days from the date of receipt of web copy of the
order instant. In case, the petitioner-institution fails to deposit the
imposed cost within a stipulated period then the University- RUHS
shall be at liberty to file contempt petition against the petitioner-
institution and shall also be at liberty to de-affiliate its B.Sc.
(Nursing) Course from the next Academic Session.
24. The petitioner-students shall also be at liberty to initiate
appropriate proceedings for recovery of fees deposited by them
with the petitioner-institution for the Academic Session 2022-23, if
so advised.
25. It is made clear that the directions issued by this Court with
regard to the transfer of the petitioners- students in other
recognized institutes imparting education in B.Sc. (Nursing)
(D.B. SAW/1016/2023 has been filed in this matter. Please refer the same for further orders)
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[2025:RJ-JD:37035] (16 of 16) [CW-11437/2025]
Courses in para No(s).21 & 22 are limited to the fact and
circumstances of the present case and shall not be treated as
precedent.
26. In view of the aforesaid discussions, the S.B. CWP
No.2765/2023 (Mai Khadija Institute of Nursing Science v. State of
Rajasthan & Ors.) is dismissed with cost as mentioned in para
No.23. The S.B. Civil Writ Petition Nos.11437/2025, 18553/2023
and 18554/2023 are disposed of without any order as to costs.
(KULDEEP MATHUR),J
2-5-himanshu/-
(D.B. SAW/1016/2023 has been filed in this matter. Please refer the same for further orders)
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