Disposed

Nirwan Charitable Trust v. State of Rajasthan

Rajasthan HC3 Nov 2023CW/1295/2023

Case brief

AI extract

What is this about?

Single-judge order disposing of batched writ petitions concerning nursing institution recognition and seat intake. Court relied on a connected matter judgment holding INC lacks recognition power and ordering students admitted under State NOC to continue studies.

What did the court decide?

Present writ petitions disposed of on terms of the connected matter judgment; students allowed to continue studies; pending applications disposed of.

Nirwan Charitable Trust Vs State of Rajasthan — Education and Admissions | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 1295/2023

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Nirwan Charitable Trust, (S.n. College Of Nursing), 4 Mi, Suratgarh Road, Dist. Shri Ganganagar, Rajasthan Through Its Representative Dr. Nemi Chand Jat S/o Shri Shimbhu Singh Jat, Aged About 38 Years.

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----Petitioner

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Versus

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

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

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

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

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----Respondents

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Connected With

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S.B. Civil Writ Petition No. 17009/2022

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Upchar College Of Nursing, 115, Tegore Path, Sector-11, Amsarovar, Jaipur, Rajasthan, Through Its Principal Shree Sunil Kumar Sharma S/o Shree Kailash Chandra Sharma, Aged About 45 Years.

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----Petitioner

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Versus

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

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

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

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Private Physiotherapy, Nursing And Para Medical Institutions Society, Branch Office Jodhpur Through Its

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Secretary, Plot No. 273, Subhash Nagar, Pal Road, Jodhpur Rajasthan.

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----Respondents

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S.B. Civil Writ Petition No. 17365/2022

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Rajasthan College Of B.sc. Nursing, Ganeshpura Road, Somnath Nagar, Dausa, Through Its Director Dr. Ram Sagar Nagar S/o Shri Mangilal Ji Nagar, Aged About 52 Years.

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----Petitioner

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Versus

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

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The Social Justice And Empowerment Department, Through Its Secretary, Secretariat, Jaipur, Rajasthan.

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

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

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

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----Respondents

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S.B. Civil Writ Petition No. 17401/2022

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Sagar College Of B.sc. Nursing, Udaipur, Through Its Director Dr. Ram Sagar Nagar S/o Shri Mangilal Ji Nagar, Aged About 52 Years R/o Opp. Railway Station, Umarda, Udaipur.

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----Petitioner

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Versus

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

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The Social Justice And Empowerment, Through Its Secretary, Secretariat, Jaipur, Rajasthan.

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

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Rajasthan University Of Health And Science, Through Its

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Registrar, Kumbha Marg, Partap Nagar, Jaipur, Rajasthan.

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

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----Respondents

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For Petitioner(s)	: Mr. Ankur Mathur a/w Mr. Harshvardhan Thanvi.
For Respondent(s)	: Mr. AK Gaur, AAG. Mr. Sangram Singh. Dr. Mohit Singhvi.
	Ms. Vrinda Samdani for Ms. Vandana
	Bhansali.

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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03/11/2023

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Learned counsel for the respondents fairly submits that the controversy in question is covered by the judgment rendered by this Court in Bansal Nursing Charitable Trust Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.11450/2016) , alongwith other connected matters decided on 09.10.2023. The operative portion of the judgment reads as under :-

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“6. Heard learned counsel for the parties as well as perused the record of the case.

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7. This Court observes that the petitioners-institutions applied for the NOC before the State Government and the same was granted by the State Government with intake capacity of 50 seats on 30.01.2007. In pursuance of issuance of such NOC, the petitioners-institutions applied before the respondent-INC for grant of recognition for the course in question; whereafter, the respondent- INC sought NOC from the respondent-RUHS, and thereupon, the

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respondent-RUHS conveyed its no objection to the respondent-INC, in the event of grant of permission by the respondent-INC to the petitioners-institutions to run the Course in question. Thereafter, the respondent-INC, vide order dated 18.08.2008, granted permission to the petitioners-institutions for conducting the Course in question with intake capacity of 30 seats, which was continued with the same intake capacity for the subsequent years as well.

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8. This Court further observes that in Special Appeal (D.B.S.A.W. No. 508/2018-Indian Nursing Council Vs Kamaksha & Ors.) , a Division Bench of this Hon’ble Court vide order dated 02.09.2019 observed that the respondentINC does not have power to recognize the nursing institutions, but has ample powers to conduct the necessary inspection of the institution(s) concerned. Relevant portion of the said order is reproduced as hereunder:-

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“It is, therefore, clear from the above provisions that the Central Council acting through the Executive Committee has ample powers to inspect recognized institutions, colleges etc. which are recognized by the State Council. This is in furtherance to the Union’s powers of coordination and determination of standards under Entry No. 66 of the List-1 of the VII Schedule to the Constitution of India. Being primarily, a standard setting and coordinating body, the Council is empowered with consequential power to ensure compliance, by way of constant oversight. At the same time, this Court is of the opinion that such a power of inspection cannot be invoked arbitrarily and must be for some reason expressly recorded in its files. The mode of taking action pursuant to any deficiency found would also entail active involvement of the State Council, which is primarily seized of matters regarding recognition, enforcement etc. Natural justice and a degree of fairness is involved and

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has to necessarily be followed if recognition, once granted, is sought to be withdrawn. In the light of the above reasons and the formulation of law approved by the Full Bench of the Kerala High Court clearly emerges that the Central Council does not have the power to recognise institutions, which is a power vested with the State Council. The Central Council through the Executive Committee can ensure inspection, as and when needed and based upon such inspection reports, which of course has to be supplied to the concerned institution and the State Government. Inputs are to be received under Section 13 from the State, after which, adverse action can be taken, if warranted.

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During the course of the hearing, learned counsel has submitted that the Central Council would have the power to grant recognition as is evident from Section 3. In the opinion of this Court, that argument is not correct or accurate. Section 3 deals with the constitution of the committee and election to the Central Council. For the purposes of election, the consideration of recognition would be in accordance with the standards that the Central Committee Council might prescribe. However, those are quite independent from the autonomy granted by the State to its State Committee to recognise or refuse to recognise institutions falling within the territory of each State.”

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8.1. This Court also observes that the State Government and the respondent-INC also issued communications, wherein the aforementioned proposition was reflected.

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9. This Court further observes that in the present case, it is clear that the petitioners-institutions have NOC issued by the State Government to run the Course in question with intake capacity of 50 seats, but the respondent-INC allowed the petitioners-institutions to run the Course in question with intake capacity of only 30 seats; after inspection of the petitioners-institutions particularly, with regard to the infrastructural facilities available in the

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institutions. Thereafter, the respondent-INC has no power to recognize the nursing institutions, and that, the petitioners-institutions admitted the students as per the NOC issued to them by the State Government.

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9.1. This Court also observes that the students of the petitioners-institutions are continuing with the Course in question and were provisionally allowed to participate in the counselling process by virtue of an interim order dated 09.02.2021 passed by this Hon’ble Court; the relevant portion of the said interim order is reproduced as hereunder:

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“In the meanwhile, if the counselling is still in progress, the petitioner – institution may be provisionally included for allotment of students for admission to BSC Course for upcoming academic year 2020-21 as per the annual intake capacity of 60 seats sanctioned by the State/Rajasthan Nursing Council. However, it is made clear that inclusion of petitioner – institution for allotment of students and admission accorded in pursuance thereto, shall not create any right of equity in favour of petitioner – institution or the students admitted to the course pursuant to this interim order. The admission accorded shall remain subject to the decision of the writ petition.”

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10. This Court further observes that it is clear that the petitioners-institutions are recognized institutions having been issued the NOC by the State Government to run the Course in question with intake capacity of 50 seats, and even the respondent-INC granted recognition to them for running the Course, though with intake capacity of 30 seats. The petitioners-institutions admitted the students as per the State Government’s NOC, and therefore, it is not a case where any irregularity or illegality was committed by the petitioners-institutions, in granting such admissions.

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11. This Court also observes that the students are pursuing the Course in question in the petitioners-

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institutions, and were also allowed to participate in the counselling process by virtue of the aforementioned interim order. The students, who took admission in the petitionersinstitutions to pursue the Course in question are young students, and cannot be penalized or made to suffer only on technical ground regarding which authority has the power to issue NOC for running the Course in question, with a particular intake of seats. Therefore, at this stage and looking into the interests of the students, the students who were admitted in the petitioners-institutions and are continuing the Course in question with intake of 50 seats in academic session of 2020-21 are ordered to be allowed to continue with their studies in the Course.

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12. Thus, in view of the above, the present writ petitions are disposed of with liberty to the petitioners-institutions to apply for fresh NOC for the next academic session with enhanced intake of seats in the Course in question, before the State Government/State Nursing Council within a period of 15 days from today, and the cases of the petitioners-institutions, with regard to such NOC, shall be considered and decided by the State Government/State Nursing Council, within a period of 45 days thereafter, strictly in accordance with law, in case the institutions desire to further continue with the Course in the next academic session. Such decision taken by the State Government/State Nursing Council/INC shall remain binding on all the institutions, for intake capacity/future running of the Course in question. Thus, it is directed that the fate of the institution(s) for the intake capacity/future running of the Course in question shall be as per the decision of the State Government, while keeping into consideration the stand of the INC and State Nursing Council.

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12.1. It is needless to say that the respondent-INC will be free to exercise its powers, as per the order passed in

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the case of Indian Nursing Council Vs Kamaksha & Ors. (Supra). This Court thus, directs the respondents to regularize the students, who were admitted as per State Government’s NOC and were allowed to participate in the counselling process by virtue of the aforementioned interim order dated 09.02.2021 passed by this Hon’ble Court. All pending applications also stand disposed of.”

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In light of the aforequoted judgment, the present writ petitions are disposed of on the same terms. All pending applications, if any, also stand disposed of.

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(DR.PUSHPENDRA SINGH BHATI), J.

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309, 311, 312& 314 Jitender

Nirwan Charitable Trust v. State of Rajasthan

Case brief

What is this about?

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Nirwan Charitable Trust v. State of Rajasthan

Case brief

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