NIMS UNIVERSITY RAJASTHAN JAIPUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) INITIALLY, this Court intended to hear the case finally, but the respondents No.1,2 and 5 have filed reply / counter affidavit today i.e. 27.5.2011 during the court hours. However, the respondent No.6 - Dental Council of India has filed reply on 23.5.2011 but the same was not on record, therefore, the case was passed over and all the aforesaid replies/counter affidavit were called from the Registry and taken on record and thereafter, the case was taken up for hearing,in the second round. In these circumstances, counsel for the parties were asked to address the Court finally either on 30th or 31st May, 2011 i.e. the next working days just before the summer vacations or on any other date during the summer vacations but as the Pre-entrance Test for admission to MBBS/BDS has been scheduled to be held on 29.5.2011, therefore, Mr.Ashok Gaur, Sr.Advocate appearing for the petitioner Institution has expressed urgency for consideration of the interim relief today.

(2.) AFTER careful perusal of the writ petition, reply / counter affidavit of the respondents, the case was heard for consideration of the interim relief.

(3.) MR.N.A.Naqvi, Addl.AG submits that although the judgment of Islamic Academy of Education (supra), has been referred to in the Explanation as well as the order dated 4.3.2011, which is under challenge, but the same has not been diluted even in P.A.Inamdar as regards holding of the Common Entrance Test (CET) in Para 136, and there is no illegality in the order dated 4.3.2011.