High CourtsSINGLE BENCH(2017) 11 RAJ CK 0002

Nitesh s/o Shri Anil vs The Rajasthan University of Health Sciences

Rajasthan High Court · Decided on 28 November 2017

HON’BLE JUDGES
Alok Sharma
RESULT
Disposed
CASE NUMBER
21510 of 2017

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Judgment

19 paragraphs · 680 words
1.

Admittedly the Sharda College of Nursing, Sodawas, District Alwar where the petitioners are reading in B.Sc. (N) Part-I commencing AY 2016-17 was affiliated to University of Rajasthan for B.Sc. 4 year Nursing course beginning the academic year 2010- 11 through 2015-16. It appears that despite having applied for affiliation for 2016-17, the said college was then not so affiliated oddly for reason of alleged deficiencies vis-a-vis prescribed parameters, which parameters were earlier satisfied. Resultantly when the petitioners admitted to the B.Sc. 4 year Nursing course in AY 2016-17 sought enrolment with the Rajasthan University of Health Sciences (RUHS), it was denied vide letter dated 30-1-2017 addressed to the Sharda College of Nursing and not to them. The petitioners unaware of the cul de sac they were in, continued with their classes in B.Sc. (N) Part-I while the college seems to have gone about pursing the RUHS to affiliate its B.Sc. (N) Course in AY 2016-

17.

Finally the Board of Inspection of RUHS in its meeting of 27-9- 2017 has taken a decision to allow affiliation to Sharda College of Nursing for 2016-17 for its B.Sc. 4 year Nursing course with an intake of 40 seats. The Sharda college of Nursing has also been affiliated for its B.Sc. 4 year Nursing course with an intake of 40 seats for the academic session 2017-18 and as stated by counsel for the petitioners also allotted students inter alia through State

Counselling.

2.

The case of the petitioners is that in the obtaining circumstances they suffer no disability for being enrolled and being allowed to write the B.Sc. (N) Part-I examination commencing tomorrow i.e. 29-11-2017. It has been prayed that it be accordingly

directed.

3.

Mr. M.A. Khan, appearing for the respondent RUHS admits that the Board of Inspection of RUHS in its meeting held on 27-9- 2017 has recommended for B.Sc. 4 year Nursing course of the Sharda college of Nursing to be affiliated for the academic year 2016-17. He submitted that however no final decision on affiliation has been taken in view of the meeting of the Board of Management

of the University not yet being organised.

4.

Having heard counsel for the parties and taking into account the fact that Sharda college of Nursing where the petitioners were admitted to B.Sc. (N) Part-I in academic year 2016-17 has been recommended by the Board of Inspection of the respondent RUHS for AY 2016-17, this petition is disposed of with the following

directions:-

(i) The petitioners students of the Sharda College of Nursing in its B.Sc. 4 year Nursing course admitted in AY 2016-17

be enrolled as such by the respondent RUHS.

(ii) The petitioners be allowed to write the part-I examination of B.Sc. 4 year Nursing course commencing

end of AY 2016-17, on 29-11-2017.

(iii) The result of the petitioners in respect of part-I of B.Sc.

4 year Nursing course academic year 2016-17 be declared subject to the respondent Sharda College of Nursing satisfying the Controller Examination RUHS that the petitioners had requisite attendance/ training as required

under governing Ordinances.

5.

However before parting with the petition, it would be appropriate to record that complete chaos in the affiliation processes by the respondent RUHS obtains as evident in the instant case. There has to be a timeline and last date by which applications for affiliation of colleges to RUHS can be made. The affiliations where deserving have to be granted at least one month before the commencement of admission in a calendar year. The process of the affiliation cannot be an ongoing process as in the instant case where affiliation for the academic year 2016-17 for a B.Sc. 4 year Nursing course has been only recommended on 27-9-2017 and yet not been formally granted. It is also directed that subsequent to minimum period of provisional affiliation, as and if provided for under the governing ordinances, applications for permanent affiliation be thereafter required from the colleges concerned such that unnecessary disputes as to affiliation impugning on the quality of education are minimised

in future.

6.

The petition stands disposed of accordingly.