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2018 (5) TMI 1955

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..... dge allowed the writ petition and issued directions to the respondent no.2 to consider the request of the petitioners expeditiously preferably within a period of two months from the date of production of certified copy of the order and if the petitioners otherwise eligible, necessary registration may be granted to them. As per the facts of the case, the petitioners-respondents acquired qualification of ANM/GNM Course from respondent Singhania University and in the writ petition it was stated that the Singhania University is established under Section 2F of the University Grants Commission Act, 1956 and as such the same is institution established under the statue, therefore, the degree/diploma granted by the said University does not require .....

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..... ner otherwise eligible necessary registration may be granted to them. In this appeal, the appellant RNC has challenged the validity of the judgment dated 1.2.2018. Learned counsel for the appellant argued that there is no doubt that the Singhania University was constituted under Section 2F of the University Grants Commission, 1956, however, the provisions of the State Act would reveal that the appellant RNC is regulatory body for the State of Rajasthan with regard to grant of recognition in the State, therefore, further recognition is necessary from the appellant RNC. Learned counsel for the appellant submits that a grave error has been committed by the learned Single Judge to allow the writ petition while following the judgment of Punjab .....

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..... take recognition from the appellant RNC for the purpose of ANM/GNM course because the Singhania University is established by law, therefore, there is no question for appellant RNC to deny registration to the students who acquired qualification of ANM/GNM from the Singhania University. Learned Single Judge while relying upon the judgment of the Hon'ble Supreme Court in the case of Dr. B.L. Asawa Vs. State of Rajasthan & Ors reported in AIR 1982 SC 933 held that degree or diploma granted by the Singhania University, established by law or under the law is not required to get recognition by other authority. The same view was taken in the case of Mrs. Madhu Santosh Vs. State of Rajasthan (SBCWP NO.2502/1989), decided on 21.2.1991 and in case .....

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..... established by law 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. We have considered the judgment cited by the learned counsel for the appellant in the case of Gand Mal Dhaker & Ors. Vs. State of Rajasthan (DBSAW No.955/2011), decided on 17.2.2017 in which question of appointment and qualification was involved and hear the controversy is only with regard to registration, therefore, the judgment rendered in aforesaid case not applicable in the present case. In our opinion no error has been committed by the learned Single Judge so as to allow the writ petition filed by the respondents while following the adjudication made by the Hon .....

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