Raj HC | Division Bench set aside order of Single Judge restraining NRI students for admission in Medical Colleges

Rajasthan High Court: A Division Bench of Mohammad Rafiq and Narendra Singh Dhaddha, JJ., set aside an impugned order passed by the Single Judge of the High Court, and requested to revisit and decide the main matter in question.

In this instant case, the present appeal is directed against an order passed by a Single Judge in a writ petition, wherein along with issuing a notice to the respondents, he had also stayed the process of admission against the seats of NRI quota.

The Advocate General representing the appellants, M.S. Singhvi submitted that the impugned order was passed outside the scope of the concerned writ petition since there was no challenge regarding the allocation of seats against the NRI quota in the Government Colleges, colleges run by the Government societies and colleges run by the Rajasthan University of Health Sciences. The Single Judge had stayed the entire process in all subjected colleges and thus, the entire admission process has come to a halt.

Senior Counsel appearing on behalf of the respondents, Rajendra Prasad, opposed the appeal but fairly submitted that the question about admission against the seats of NRI quota in the aforementioned colleges was not the issue in the writ petition.

The present Division Bench, upon perusal of facts and circumstances, requested the Single Judge to take up the matter and decide the main matter itself on a stated date. The Division Bench also set aside the impugned order and disposed of the appeal and the stay application.[State of Rajasthan v. Mahatma Gandhi University of Medical Sciences and Technology, 2019 SCC OnLine Raj 1658, decided on 19-07-2019]

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