MOHAMMED ARIF KHAN S/O SHRI JAKIR HUSSAIN Vs. RAJASTHAN NURSING COUNCIL
LAWS(RAJ)-2018-2-86
HIGH COURT OF RAJASTHAN (AT: JAIPUR)
Decided on February 16,2018

Mohammed Arif Khan S/O Shri Jakir Hussain Appellant
VERSUS
Rajasthan Nursing Council Respondents

JUDGEMENT

ALOK SHARMA,J. - (1.) The petitioner was admitted to the I.M.T. and N.E. (Health Welfare) Sitapura, Jaipur (hereafter 'the College') in its three and half year GNM Course in the academic year 2014-15. Having passed GNM Ist and IInd year successfully he was promoted to the GNM IIIrd year.
(2.) It appears that at that stage a co-student lodged FIR No 665/2017 at Police Station Sanganer, Jaipur against the petitioner alleging that she had been subjected to an offence under Section 376 IPC at petitioner's instance. Whereupon the petitioner was arrested and sought bail. Albeit his bail application under Section 439 CrPC was rejected by the trial court, it was granted by this Court vide order dated 27.10.2017.
(3.) The case of the petitioner is that on being granted bail, he sought to continue IIIrd year classes in GNM course at the college. He has not been so allowed to do for reason of his purported suspension, a copy of which has never been furnished to him. It has been submitted that no doubt there is presently an allegation against the petitioner in FIR No. 665/2017 at Police Station Sanganer, Jaipur, yet the fundamental principal is that one is innocent till proved guilty. And the petitioner is entitled to the benefit of the dictum which lies at the heart of liberty.;


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