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2018 (5) TMI 1955

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..... aw and imparting the course in the form of diploma and degree or qualification, that cannot be questioned by the appellant RNC for the purpose of registration. Appeal dismissed. - D.B. Spl. Appl. Writ No. 671 / 2018 - - - Dated:- 25-5-2018 - Gopal Krishan Vyas And Mr. Ramchandra Singh Jhala, JJ. For Appellant(s): Mr. Hemant Jain For Respondent(s): Mr. MA siddiqui and Mr. Vikas Balia JUDGMENT Mr. Gopal Krishan Vyas, The instant special appeal has been filed by the Rajasthan Nursing Council, Jaipur through its Registrar under Rule 134 of the Rajasthan High Court Rules read with Article 225 of the Constitution of India against the order dated 1.2.2018 passed by the learned Sing .....

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..... e Government of India for the purpose of employment and no other recognition is needed. The respondent-appellant filed its reply to the writ petition and submits that ground taken by the petitioners-respondents is absolutely misconceived and deserves to be rejected because appellant RNC is regulatory body for the State of Rajasthan and without any inspection the so called degree/diploma given by the Singhania University cannot be recognized. The learned Single Judge allowed the writ petition vide judgment impugned dated 1.2.2018 and held that since the respondent University is established under the statute, therefore, there is no requirement of any separate recognition from the appellant RNC, therefore, consider the reques .....

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..... lant Singhania University has not taken any recognition from the appellant RNC nor the same was inspected by the appellant RNC, therefore, the judgment of the learned Single Judge is not tenable in law. Lastly, it is argued by learned counsel for the appellant that a grave error has been committed by the learned Single Judge in allowing the writ petition while following the earlier judgments, therefore, the impugned judgment may be quashed and set aside. In support of his arguments, the learned counsel for the appellant citied judgment of this court in the case of Gand Mal Dhaker Ors. Vs. State of Rajasthan (DBSAW No.955/2011), decided on 17.2.2017. Learned counsel appearing for the respondents vehemently argued that there is no .....

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..... is incorporated and mentioned above. The only argument and ground taken in the appeal is that registration is required from appellant RNC by the Singhania University, which is established by law. We have considered the rival submissions and come to the conclusion that once the controversy has already been adjudicated by the Hon'ble Apex Court in the case of Dr. B.L. Asawa Vs. State of Rajasthan Ors reported in AIR 1982 SC 933 and in case of Mrs. Madhu Santosh Vs. State of Rajasthan (SBCWP NO.2502/1989), decided on 21.2.1991 while relying upon the aforesaid judgment then there is no question to hold that any error has been committed by the learned Single Judge in directing the appellant RNC so as to deny the registration on t .....

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