Disposed

Rajasthan University of Health Sciences v. Shri Vinayaka Mission Medical and Education Society (Symbiosis Institute of Nursing)

Rajasthan HC10 May 2022SAW/174/2022

Case brief

AI extract

What is this about?

Appeals by the University and State challenged an interim order permitting nursing institutions to participate in counseling provisionally. The Single Judge directed the State to consider the NOC issue as the new session had not started. This Court disposed the appeals, imposing conditions that institutions must conspicuously inform applicants about the provisional status and admission risks on th

What did the court decide?

Appeals disposed; Additional conditions imposed requiring institutions to inform applicants of the provisional nature of admissions and associated risks on their websites.

Rajasthan University of Health Sciences Vs Shri… — Education and Admissions | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

D.B. Spl. Appl. Writ No. 174/2022

¶3

Rajasthan University Of Health Sciences, Through Its Registrar, Sector 18, Kumbha Marg, Pratap Nagar, Jaipur, Rajasthan.

¶4

----Appellant

¶5

Versus

¶6

Shri Vinayaka Mission Medical And Education Society (Symbiosis Institute Of Nursing), Plot No 262, Sector 26, Pratap Nagar, Jaipur, Rajasthan Through Its President Ram Babu Sharma S/o Shri Ramji Lal Sharma Aged About 37 Years.

¶7

State Of Rajasthan, Through Its Principal Secretary, Medical And Health Department, Government Of Rajasthan, Government Secretariat, Jaipur (Rajasthan).

¶8

Rajasthan Nursing Council, Through Its Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur (Rajasthan).

¶9

Private Physiotherapy, Nursing And Para Medical Institutions Society Having Office Address At Plot No. 273, Subhash Nagar, Pal Road, Jodhpur.

¶10

----Respondents

¶11

Connected With

¶12

D.B. Spl. Appl. Writ No. 213/2022

¶13

Rajasthan University Of Health And Sciences, Through Its Registrar, Kumbha Marg, Partap Nagar, Jaipur, Rajasthan.

¶14

----Appellant

¶15

Versus

¶16

Gayatri Vidhyapeeth, (Nimt College Of Nursing), 1-4 Indra Gandhi Nagar, Bagrana, Post Kanota, Agra Road, Jaipur, Rajasthan, Through Its Authorized Representative Shri Rishi Sharma S/o Shri Damoda Sharma, Aged About 35 Years.

¶17

State Of Rajasthan, Through Its Principal Secretary, Medical And Health Department, Government Of Rajasthan, Government Secretariat, Jaipur (Rajasthan).

¶18

Rajasthan Nursing Council, Through Its Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur (Rajasthan).

¶19

Private Physiotherapy, Nursing And Para Medical

¶20

(2 of 11)

¶21

[SAW-174/2022]

¶22

Institutions Society, Branch Office Jodhpur Through Its Secretary, Plot No. 273, Subhash Nagar, Pal Road, Jodhpur, Rajasthan.

¶23

----Respondents

¶24

D.B. Spl. Appl. Writ No. 215/2022

¶25

Rajasthan University Of Health And Sciences, Through Its Registrar, Kumbha Marg, Partap Nagar, Jaipur, Rajasthan.

¶26

----Appellant

¶27

Versus

¶28

Skill Development Trust, (Maharaja Agarsen College Of Nursing), Suratgarh, District Sriganganagar, Rajasthan Through Its Secretary Shri Naveen Khemka S/o Shri Govind Ram Khemka, Aged About 37 Years.

¶29

State Of Rajasthan, Through Its Principal Secretary, Medical And Health Department, Government Of Rajasthan, Government Secretariat, Jaipur (Rajasthan).

¶30

Rajasthan Nursing Council, Through Its Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur (Rajasthan).

¶31

Private Physiotherapy, Nursing And Para Medical Institutions Society, Branch Office Jodhpur Through Its Secretary, Plot No. 273, Subhash Nagar, Pal Road, Jodhpur, Rajasthan.

¶32

----Respondents

¶33

D.B. Spl. Appl. Writ No. 216/2022

¶34

Rajasthan University Of Health And Science, Through Its Registrar, Kumbha Marg, Pratap Nagar, Jaipur, Rajasthan.

¶35

----Appellant

¶36

Versus

¶37

Mahatma Gandhi B.sc. Nursing College, Nh-11, Pura Ki Dhani, Post Sabalpura, Sikar, Rajasthan Through Its Director Shri Dalu Ram S/o Shri Hadu Ram, Aged About 55 Years.

¶38

State Of Rajasthan, Through Its Principal Secretary, Medical And Health Department, Government Of Rajasthan, Government Secretariat, Jaipur (Rajasthan).

¶39

Rajasthan Nursing Council, Through Its Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur (Rajasthan).

¶40

Private Physiotherapy, Nursing And Para Medical

¶41

(3 of 11)

¶42

[SAW-174/2022]

¶43

Institutions Society, Branch Office Jodhpur Through Its Secretary, Plot No. 273, Subhash Nagar, Pal Road, Jodhpur, Rajasthan.

¶44

----Respondents

¶45

D.B. Spl. Appl. Writ No. 217/2022

¶46

Rajasthan University Of Health And Sciences, Through Its Registrar, Kumbha Marg, Partap Nagar, Jaipur, Rajasthan.

¶47

----Appellant

¶48

Versus

¶49

Global Vision Society (Abu Nursing College), Village Chandela, Aburoad, District Sirohi, Rajasthan, Through Its Secretary Shri Jabbar Singh S/o Shri Tej Singh, Aged About 67 Years.

¶50

State Of Rajasthan, Through Its Principal Secretary, Medical And Health Department, Government Of Rajasthan, Government Secretariat, Jaipur (Rajasthan).

¶51

Rajasthan Nursing Council, Through Its Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur (Rajasthan).

¶52

Private Physiotherapy, Nursing And Para Medical Institutions Society, Branch Office Jodhpur Through Its Secretary, Plot No.273, Subhash Nagar, Pal Road, Jodhpur, Rajasthan.

¶53

----Respondents

¶54

D.B. Spl. Appl. Writ No. 402/2022

¶55

State Of Rajasthan, Through Its Principal Secretary Medical And Health Department Government Of Rajasthan Government Secretariat Jaipur (Rajasthan).

¶56

----Appellant

¶57

Versus

¶58

Mahatma Gandhi B.sc. Nursing College, Nh 11 Pura Ki Dhani Post Sabalpura Slkar Rajasthan Through Its Director Shri Dalu Ram S/o Shri Hadu Ram Aged About 55 Years.

¶59

Rajasthan University Of Health Sciences, Through Its Registrar Sector 18 Kumbha Marg Pratap Nagar Jaipur, Rajasthan.

¶60

Rajasthan Nursing Council, Through Its Registrar B 39

¶61

(4 of 11)

¶62

[SAW-174/2022]

¶63

Sardar Patel Marg C Scheme Jaipur (Rajasthan)

¶64

Private Physiotherapy, Nursing And Para Medical Institution Society Having Office Address At Plot No 273 Subhash Nagar Pal Road Jodhpur.

¶65

----Respondents

¶66

D.B. Spl. Appl. Writ No. 403/2022

¶67

State Of Rajasthan, Through Its Principal Secretary Medical And Health Department Government Of Rajasthan Government Secretariat Jaipur (Rajasthan).

¶68

Versus

¶69

Skill Development Trust, Maharaja Agarsen College Of Nursing Suratgarh District Sriganganagar Rajasthan Secretary Shri Naveen Khemka S/o Govind Ram Khemka Aged About 37 Year

¶70

Rajasthan University Of Health Sciences, Through Its Registrar, Sector 18 Kumbha Marg Pratap Nagar Jaipur, Rajasthan.

¶71

Rajasthan Nursing Council, Through Its Registrar B 39 Sardar Patel Marg C Scheme Jaipur (Rajasthan).

¶72

Private Physiotherapy Nursing And Para Medical Institutions Society, Having Office Address At Plot No 273 Subhash Nagar Pal Road Jodhpur.

¶73

----Respondents

¶74

D.B. Spl. Appl. Writ No. 404/2022

¶75

State Of Rajasthan, Through Its Principal Secretary, Medical Health Department, Government Of Rajasthan, Government Secretariat, Jaipur (Rajasthan).

¶76

----Appellant

¶77

Versus

¶78

Global Vision Society (Abu Nursing College), Village Chandela Aburoad District Sirohi, Rajasthan, Through Its Secretary Shri Jabbar Singh S/o Tej Singh, Aged About 67 Years.

¶79

Rajasthan University Of Health Sciences, Through Its Registrar, Sector 18 Kumbha Marg Pratap Nagar, Jaipur,

(5 of 11)

[SAW-174/2022]

Rajasthan.

Rajasthan Nursing Council, Through Its Registrar, B 39, Sardar Patel Marg, C Scheme Jaipur (Rajasthan).

¶84

Private Physiotherapy Nursing And Para Medical Institutions Society, Having Office Address At Plot No 273, Subhash Nagar, Pal Road, Jodhpur.

¶85

----Respondents

¶86

D.B. Spl. Appl. Writ No. 406/2022

¶87

State Of Rajasthan, Through Its Principal Secretary Medical And Health Department Govt Of Rajasthan Govt Secretariat Jaipur Raj

¶88

----Appellant Versus

¶89

Shri Vinayak Mission Medical And Education Society, (Symbiosis Institute Of Nursing), Plot No 262 Sector 26 Pratap Nagar Jaipur Rajasthan Through Its President Ram Babu Sharma S/o Shri Ramji Lal Sharma Aged About 37 Years.

¶90

Rajasthan University Of Health Sciences, Through Its Registrar Sector 18 Kumbha Marg Pratap Nagar Jaipur Rajasthan.

¶91

Rajasthan Nursing Council, Through Its Registrar B 39 Sardar Patel Marg C Scheme Jaipur Rajasthan

¶92

Private Physiotherapy Nursing And Para Medical Institutions Society, Having Office Address At Plot No 273 Subhash Nagar Pal Road Jodhpur

¶93

----Respondents

¶94

D.B. Spl. Appl. Writ No. 405/2022

¶95

State Of Rajasthan, Through Its Principal Secretary, Medical And Health Department, Government Of Rajasthan Government Secretariat, Jaipur (Rajasthan).

¶96

----Appellant

¶97

Versus

¶98

Gayatri Vidhyapeeth (Nimt College Of Nursing), 1-4 Indra Gandhi Nagar, Bagrana, Post Kanota, Agra Road, Jaipur, Rajasthan Through Its Authorized Representative

¶99

(6 of 11)

¶100

[SAW-174/2022]

¶101

Shri Rishi Sharma S/o Shri Damodar Sharma, Aged About 35 Years.

¶102

Rajasthan University Of Health Sciences, Through Its Registrar, Sector 18 Kumbha Marg, Pratap Nagar, Jaipur, Rajasthan.

¶103

Rajasthan Nursing Council, Through Its Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur (Rajasthan).

¶104

Private Physiotherapy, Nursing And Para Medical Institutions Society, Having Office Address At Plot No 273, Subhash Nagar, Pal Road, Jodhpur.

¶105

----Respondents

¶106

For Appellant(s) : Mr. Mahendra Vishnoi For Respondent(s) : Mr. Sandeep Shah, AAG with Mr. Abhimanyu Singh Rathore Mr. Kuldeep Mathur, Sr. Advocate with Mr. Rahul Vyas Mr. Ankur Mathur Mr. Sangram Singh

¶107

HON'BLE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA

¶108

HON'BLE MR. JUSTICE FARJAND ALI

¶109

Order

¶110

10/05/2022

¶111

These appeals filed by the University and the State are preferred against the interim orders passed by the learned Single Judge in the matter of dispute arising on account of non-issuance of NOC by the State and consequent non-affiliation of the Institutions which are imparting Nursing Education.

¶112

The writ petitioners before the Writ Court came with the grievance that the State is not granting NOC, which is an arbitrary action. The inspections are being delayed and because of such delayed inspections, the Institutions, even though they fulfill all the legal requirements for issuance of NOC, affiliation for the

¶113

(7 of 11)

¶114

[SAW-174/2022]

¶115

University are not being allowed to either increase their intake capacity of students or for starting new Nursing courses.

¶116

The University as well as the State were issued notices and reply was also filed. The learned Single Judge vide impugned order held that as the new session has not started, granted an interim protection which provisionally allowed the Institution to participate in the process of counseling and also directed the State to consider the issue of NOC.

¶117

The appeals were initially filed by the University. The interim order was passed by this Court in appeal Nos. D.B. Spl. Appl. Writ No. 174/2022, 213/2022, 215/2022, 216/2022, 217/2022. Thereafter, the appeals D.B. Spl. Appl. Writ No. 402/2022, 403/2022, 404/2022, 406/2022, 405/2022 were also filed by the State assailing correctness of the interim order passed by the learned Single Judge.

¶118

Learned counsel for the University would submit that irrespective of the writ petitioners’ grievance that their applications are either not being considered or inspections conducted belatedly and NOC is not being granted by the State, the fact remains that the Institutions-writ petitioners except Vinayaka Mission Medical did not submit application for grant of affiliation on or before the last date i.e. 31.05.2021. Therefore, those Institutions, which did not even prefer application for affiliation could not be granted interim relief because even their affiliation is not with the University. He would next submit that under the new scheme of law regulating grant of affiliation, unless State grants NOC, affiliation cannot be granted. It is also submitted that in any case, for one reason or the other, affiliation has not been granted, the writ petitioners are not entitled to any

¶119

(8 of 11)

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[SAW-174/2022]

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relief in so far as educational session 2021-2022 is concerned. Therefore, passing the interim order for provisional participation in the counseling is illegal and in excess of jurisdiction of the Writ Court.

¶122

Learned Additional Advocate General Mr. Shah pressing his appeals would submit that State has come out with the policy of not allowing mushroom growth of Nursing Institutions. He would submit that this policy decision taken by the State would not be taken any exception to. He would further submit that the inspections may have been carried out by the Nursing Council and submitted before the State, as long as the State remains firm on its policy not to allow mushroom growth of Nursing Institutions, no direction could be obtained against the State for issuance of NOC. He would submit that such direction given by interim relief eventually amounts to allowing the writ petition.

¶123

On the other hand, learned counsel appearing for the respondent-writ petitioners would submit that the State’s decision to not issue NOC is arbitrary and is violative of fundamental rights of the writ-petitioners. He would submit that the regulatory laws are already in force with regard to grant of NOC only upon satisfaction that the Institutions, which are willing to open Nursing Colleges, fulfill required standards of infrastructure, faculty and other aspects. He would submit that once the legal requirements and restrictions to regulate opening of Nursing Institutions are provided by law, by an executive fiat in the name of unclosed policy, no denial could take place. As far as University objection is concerned, he would submit that the petitioners had applied for inspection since long but as a ban had been imposed by the State in the year 2016, no further steps were taken by the State

¶124

(9 of 11)

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[SAW-174/2022]

¶126

Nursing Counsel. The ban was lifted in the year 2019. Thereafter, no new ban was imposed, yet there was delay in holding inspection and therefore, for that reason, the Institutions cannot be blamed. He would next submit that one of the main reason for the learned Single Judge to grant interim order was that the educational session 2021-2022 had not started till the date of passing of the interim order and even today the educational session for 2021-2022 has not started therefore, all other technical arguments did not find favour before the learned Single Judge and order of provisional nature has been passed to protect the interest of both the parties. He submits that orders granted by the learned Single Judge does not finally decide the issue because such interim order is of provisional nature only and ultimately if writ petitioners do not get any relief, the consequence would follow.

¶127

Learned counsel for the respondents reiterated that they will not claim any equity on the ground that under the interim order they were provisionally allowed to participate in the counseling. They also submit that the learned Single Judge has made it clear that intimation regarding provisional status is required to be reflected by the petitioner-Institutions on their websites so that any one, who is desirous of getting admission, fully knows the status that it is in litigation and the induction for counseling is only provisional in nature.

¶128

As far as writ petitioner Vinayaka Mission Medical is concerned, though it had applied for grant of affiliation before the University prior to 31.05.2021, its application has been rejected on the ground that NOC has not been granted and that is how that

¶129

(10 of 11)

¶130

[SAW-174/2022]

¶131

petitioner also filed writ petition and was granted interim relief by the learned Single Judge.

¶132

We have perused the records and the orders passed at this present stage when the writ petitions are still pending consideration before the learned Single Judge.

¶133

The petitioners’ grievance is with regard to inaction on the part of the State to grant NOC. As per the records, we find that the petitioners had applied long back, sometime in the year 2015 for grant of NOC but since, in the year 2016, ban was imposed, the inspections were not carried out. The ban was lifted in the month of December, 2019. Therefore, the inspections were carried out by the Nursing Council. It is the case of the writ petitioners that even though upon inspections, the Institutions have been found fulfilling all the requirements of law for grant of NOC, the State is arbitrarily sitting over the matter and not granting NOC.

¶134

Learned Additional Advocate General Mr. Shah strenuously urged before us that the State is competent to take a policy decision to discourage mushroom growth of Nursing Institutions. We find that after lifting the ban in the month of December, 2019, no order has been passed by the State much less any conscious policy decision that the ban is again required to be imposed in public interest.

¶135

The University’s stand that as NOC was not granted, therefore, no affiliation could be claimed and that even the affiliation application could not be filed within the stipulated period, we find that the learned Single Judge taking into consideration that educational session for 2021-2022 has not even commenced and counseling is in process, in order to strike balance between the parties, has passed the order of provisional

¶136

(11 of 11)

¶137

[SAW-174/2022]

¶138

nature. The order, if we may say so, is of provisional nature and should not be creating any equity in favour of the writ petitioners. We also notice that the learned Single Judge has made it clear that the writ petitioner-Institutions shall clearly state in its respective websites that the seats in their Institutions is being allowed for the purpose of counseling on provisional basis only. We intend to impose additional condition on the writ petitioners that the Institutions shall clearly inform any one who is willing to take admission that it is at their own peril as the order of the Court is of provisional nature.

¶139

The parties would be at liberty to apply for appropriate modification, if so needed, and in case such eventuality arises before the learned Single Judge, in addition to making prayer in the writ petition for early final hearing of the writ petition.

¶140

With the above observations, these appeals are disposed off accordingly.

¶141

(FARJAND ALI),J

¶142

(MANINDRA MOHAN SHRIVASTAVA),ACJ

¶143

24to28,92to96-jayesh/-

Rajasthan University of Health Sciences v. Shri Vinayaka Mission Medical and Education Society (Symbiosis Institute of Nursing)

Case brief

What is this about?

What did the court decide?

Rajasthan University of Health Sciences v. Shri Vinayaka Mission Medical and Education Society (Symbiosis Institute of Nursing)

Case brief

What is this about?

What did the court decide?

What the court decided

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