Nothing Short Of Misleading: Rajasthan HC Imposes ₹5L Fine On Nursing Institute For Defying Its Order & Concealing Previous Writ Petition
|The Rajasthan High Court imposed ₹5L cost on Indira Education Institute of Nursing for defying its order and not bringing to the notice an earlier Writ Petition.
The Court was hearing a Writ Petition seeking directions to respondents to allow the Petitioner institution to admit 100 students in the GNM Course in consonance with the permissible accorded.
The bench of Justice Dinesh Mehta observed, “Filing of the present writ petition is therefore, clearly in defiance of the earlier order passed by Co-ordinate Bench of this Court. And then, non-disclosure of earlier writ petition and not bringing the said order to the notice of the Court is like adding fuel to fire - it cannot be taken lightly.”
Advocate Ankur Mathur appeared for the Appellant and AAG NS Rajpurohit appeared for the Respondent.
In the present Writ Petition, the Indira Education Institute of Nursing also sought the inclusion of the institution in the list of eligible colleges for counselling from the 2024-2025 academic session onward, with an enhanced intake capacity of 100 students. Additionally, they sought directions for authorities to accept fees for the increased intake, recommend seat enhancement, and request compensation for litigation costs and damages.
The Court said “it is surprising rather startling to note that in the earlier round of litigation, the petitioner was represented by none other than the counsel who is representing it in the present writ petition. It is easier said than believed that the petitioner omitted to produce a copy of the earlier order passed by the Court.”
The Court observed, “The petitioner’s action firstly of not applying for NOC and then, filing the present writ petition with impunity and not making a reference is nothing short of misleading.”
The Court dismissed the Writ Petition with a cost of Rs.5L and directed the Petitioner to pay such cost to the State Government which shall be utilised for the welfare of nurses of TSP area.
Accordingly, the Court dismissed the stay Application.
Cause Title: Indira Education Institute of Nursing v. State of Rajasthan (Neutral Citation: 2024:RJ-JD:39891)
Appearance:
Appellant: Advocates Ankur Mathur and Harshvardhan Singh
Respondent: AAG NS Rajpurohit and Advocate Ruchi Parihar