(Per : HONOURABLE MR.JUSTICE AKIL KURESHI)
1. This contempt petition was filed by the original petitioners of Special Civil Application No.8399 of 2011. The grievance of the applicants was that despite clear directions of the Division Bench of this Court in its order dated 10.11.2011 to respondent No.1, to approve admissions of the petitioners as given by the college, such order was not complied with. On the contrary, the State authorities conveyed to the Nursing Council that the admissions of the applicants were not approved.
2. On 01.03.2012, therefore, while issuing notice, we had issued interim directions to the Nursing Council to permit the applicants to appear in the ensuing examination provisionally, subject to outcome of this petition.
3. In response to the notice issued, learned GP, Mr. P.K. Jani appears along with learned AGP, Ms. Moxa Thakkar, for respondent Nos. 1 and 2, Mr. Dilip Rana, learned Advocate appears for respondent No.3 and Mr. Yagnik, learned Advocate appears for respondent No.4-Nursing Council.
4. Respondent No.2, S.G. Gandhi, Director of State Health and Family Welfare Department, has filed an affidavit dated 14.03.2012. In addition to apologizing for his actions, he has also stated that the department has taken a decision not to file any appeal against the decision of the Division Bench. He has, further, stated that accordingly orders were issued in favour of the applicants on 03.03.2012. In the said orders, it is stated that the admissions of the applicants have been regularized.
5. In view of the above developments, we do not propose to take any further steps in the present contempt petition. We may, further, record that it is only because of the unconditional apology tendered by respondent No.2 and intervention of the learned GP that we refrain ourselves from examining further minutely the conduct of respondent No.2.
6. Under the circumstances, this petition is DISPOSED OF. Nursing Council shall DECLARE the results of the applicants, subject to applicants FULFILLING all other statutory and legal requirements, under the rules. Learned Counsel, Mr. Rana, for respondent No.3 stated that all necessary details with respect to these applicants shall be supplied to the Nursing Council, expeditiously.
(AKIL KURESHI, J.) (C.L.
SONI,J.) Umesh/ Top