Disposed

Upchar College of Nursing v. State of Rajasthan

Rajasthan HC20 Oct 2023CW/3952/2022

Case brief

AI extract

What is this about?

Nursing colleges challenged the Indian Nursing Council's reduction of their intake capacity. The court held the Council lacked power to recognise institutions and could not override the State Government's NOC. It disposed of the petitions, allowing admitted students to continue and directing institutions to seek fresh NOC for future sessions.

What did the court decide?

Students admitted as per State Government's NOC and allowed by interim orders are allowed to continue. Institutions may apply for fresh NOC within 15 days; State Government to decide within 45 days.

Upchar College of Nursing 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. 15732/2022

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Mayurakshi College Of Nursing, Jodhpur, Mandalnath Circle, Main Mandore Road, Daizar, Jodhpur Parental Body Mayurakshi Shikshak Avam Vikas Sansthan, Magra Punjla, Jodhpur Through Its Secretary Atul Sankhla S/o Shri Sanwal Singh Sankhla, Aged 39 Years, R/o Magra - Punjla,jodhpur.

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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, Pratap 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. 961/2021

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Sagar Edu. Inst. Of Health And Science Society, Through The Secretary Laxman Singh Khinchi S/o Onkar Lal Singh, Aged About 50 Years, Residence Of Canal Road, Opp. Gujrati Bhawan, Gumanpura, Kota, Rajasthan.

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----Petitioner

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Versus

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State Of Rajasthan, Through The Secretary, Medical And Health (Group-Iii) Department, Government Of Rajasthan, Secretariat, Jaipur.

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

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Additional Director (Training), Legal And Health Department, Secretariat, Jaipur, Rajasthan.

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Rajasthan Private Nursing Schools And Colleges

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Federation, Through The President, 357, Laxmi Nagar, Paota B Road, Jodhpur, Rajasthan - 342001.

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----Respondents

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S.B. Civil Writ Petition No. 4190/2021

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Genius Health And Nursing Shikshan Sansthan, Umrao Palace Sanganer Road, Pathik Marg, Bhilwara Through Its Administrator Mohsin Chhipa S/o Sh. Ayub Mohammed, By Case Muslim, Aged About 31 Years, Resident Of 47, Shabri Colony, Ayad Gali No. 2 Nearby Police Chowki, Udaipur (Raj.).

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----Petitioner

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Versus

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1. State Of Rajasthan, Through The Secretary Medical And Health Department Government Of Rajasthan, Secretariat, Jaipur.

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

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Director (Non-Gazetted), Medical And Health Services, Government Of Rajasthan, Secretariat, Jaipur.

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----Respondents

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S.B. Civil Writ Petition No. 14787/2021

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Global Institute Of Nursing Shanti Niketan, Jamer, Kotda Road, Manwa Kheda, Hiran Magri, Udaipur, Rajasthan, Through Its Director Shri Rajesh Singh Choudhary /so Shri M.p. Singh, Aged About 43 Years.

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----Petitioner

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Versus

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State, Through The Secretary, Medical And Health (Group-Iii) Department, Government Of Rajasthan, Secretariat, Jaipur.

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

¶42

S.B. Civil Writ Petition No. 14800/2021

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Florence Nightingale School Of Nursing, Through Its Authorized Representative Devender Kumar Chhabra S/o Chiman Lal Chhabra, Aged About 47 Years R/o 14 K.s.p. Rawatsar Road Shergarh, Dist. Hanumangarh, Rajasthan.

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----Petitioner

¶48

Versus

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State Of Rajasthan, Through The Secretary, Medical And Health (Group-Iii) Department, Government Of Rajasthan, Secretariat, Jaipur.

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

¶53

S.B. Civil Writ Petition No. 14801/2021

¶54

Udaipur Institute Of Nursing, 387/a Jhamar Kotra, Main Road, Hiran Magri, Sector 6, Udaipur, Rajasthan, Through Its Director Shri Nitin Pahuja S/o Shri Kamal Pahuja, Aged About 31 Years.

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----Petitioner

¶56

Versus

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State Of Rajasthan, Through The Secretary, Medical And Health (Group-Iii) Department, Government Of Rajasthan, Secretariat, Jaipur.

¶58

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

¶59

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

¶61

S.B. Civil Writ Petition No. 14875/2021

¶62

Indira Education Institute Of Nursing, Through Its Director Dr. Ram Sagar Nagar S/o Shri Mangilal Ji Nagar, Aged About 51 Years R/o 5-6, Opp. U.t.i. Community Centre, Sector 4, Hiran Magari, District Udaipur, Rajasthan.

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----Petitioner

Versus

State Of Rajasthan, Through The Secretary, Medical And Health (Group-Iii) Department, Government Of Rajasthan, Secretariat, Jaipur.

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

¶72

S.B. Civil Writ Petition No. 14879/2021

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Aadi Development And Education Society, Udaipur, 3-4, Jai Nagar, Harmada, Sikar Road, Jaipur, Rajasthan, Through Its Secretary Shri Naveen Choudhary S/o Shri Vijendra Singh, Aged About 34 Years, Resident Of - 22, Girdhar Colony, Opp. S K Soni Hospital, Sikar Road, Murlipura, Jaipur.

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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).

¶77

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

¶78

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

¶79

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

¶80

----Respondents

¶81

S.B. Civil Writ Petition No. 14972/2021

¶82

Rajasthan Education Institute Of Nursing, Through Its Director Dr. Ram Sagar Nagar S/o Mangilal Nagar, Aged About 51 Years, R/o Somnath Nagar, Ganeshpura Road, District Dausa, Rajasthan.

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----Petitioner

Versus

State Of Rajasthan, Through The Secretary, Medical And Health (Group-Iii) Department, Government Of Rajasthan, Secretariat, Jaipur.

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

¶91

----Respondents

¶92

S.B. Civil Writ Petition No. 15273/2021

¶93

Genius Health And Nursing Shikshan Sansthan, Umrao Palce, Sanganer Road, Pathik Nagar, Bhilwara, Rajasthan, Through Its Administrative Shir Mohsin Chhipa S/o Shri Ayub Mohammed, Aged About 33 Years.

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----Petitioner

¶95

Versus

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State Of Rajasthan, Through The Secretary, Medical And Health (Group-Iii) Department, Government Of Rajasthan, Secretariat, Jaipur.

¶97

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

¶98

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

¶99

----Respondents

¶100

S.B. Civil Writ Petition No. 16125/2021

¶101

Mayurakshi School Of Nursing Jodhpur, Mandalnath Chouraha, Main Mathania Road, Jodhpur Parental Body Mayurakshi Shikshak Avam Vikas Sansthan, Magra Punjla, Jodhpur Through Its Secretary Atul Sankhla S/o Shri Sanwal Singh Sankhla, Aged 39 Years, R/o Magra - Punjla, Jodhpur.

----Petitioner

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 Nursingh Council, Through Its Registrar, B-39, Sardar Patel Marg, C-Scheme, 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.

¶110

----Respondents

¶111

S.B. Civil Writ Petition No. 2292/2022

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Raghukul Research And Technical Institute, Raghukul School Of Nursing C/o Jagatpura Main Road, Jaipur, Rajasthan Through Its President Nagendra Singh S/o V.s. Shekhawat, Age 50 Years.

¶113

----Petitioner

¶114

Versus

¶115

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

¶116

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

¶117

Additional Director (Training), Legal And Health Department, Secretariat, Jaipur, Rajasthan.

¶118

Rajasthan Private Nursing Schools And Collegs Federation, Through Its President, 357, Laxmi Nagar, Paota B Road, Jodhpur, Rajasthan 342001

¶119

----Respondents

¶120

S.B. Civil Writ Petition No. 3952/2022

¶121

Upchar College Of Nursing, 115, Tegore Path, Sector - 11, Mansarovar, Jaipur, Rajasthan, Through Its Principal Sunil Kumar Sharma S/o Kailash Chandra Sharma, Aged About 46 Years.

¶122

----Petitioner

¶123

Versus

¶124

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

¶125

Rajasthan Nursing Council, Through Its Registrar, B-39,

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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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Rajasthan Private Nursing Schools And College Federation, Through Its Chairman, 357, Laxmi Nagar, Paota B Road, Jodhpur, Rajasthan.

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----Respondents

¶133

S.B. Civil Writ Petition No. 5873/2022

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A.s. School Of Nursing, 79-G Block Sriganganagar, Rajasthan Through Its Principal Mrs. Sanjog W/o Kishore Kumar, Aged About 33 Years.

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----Petitioner

¶136

Versus

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State Of Rajasthan, Through The Secretary, Medical And Health (Group-Iii) Department, Government Of Rajasthan, Secretariat, Jaipur.

¶138

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

¶139

Additional Director (Training), Legal And Health Department, Secretariat, Jaipur, Rajasthan.

¶140

----Respondents

¶141

S.B. Civil Writ Petition No. 9043/2022

¶142

Shri Maharshi Dadhich School Of Nursing, Behind Samoor Factory, Baran Road, Naya Nohara, Kota, Rajasthan, Through Its Secretary Shri Raj Dadhich S/o Shri R. N. Dadhich, Aged About 44 Years.

¶143

----Petitioner

¶144

Versus

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State Of Rajasthan, Through The Secretary, Medical And Health (Group-Iii) Department, Government Of Rajasthan, Secretariat, Jaipur.

¶146

Additional Director, Medical And Health (Group-Iii) Department, Government Of Rajasthan, Jaipur.

¶147

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

¶148

Rajasthan Private Nursing Schools And Colleges Federation, Through Its Chairman, 357, Laxmi Nagar,

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Paota B Road, Jodhpur, Rajasthan-342001.

¶153

----Respondents

¶154

S.B. Civil Writ Petition No. 9839/2022

¶155

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

¶156

----Petitioner

¶157

Versus

¶158

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

¶159

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

¶160

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

¶161

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

¶162

----Respondents

¶163

S.B. Civil Writ Petition No. 12204/2022

¶164

Global Institute Of Nursing Shanti Niketan, Jamer, Kotda Road, Manwa Kheda, Hiran Magri, Udaipur, Rajasthan, Through Its Director Shri Rajesh Singh Choudhary S/o Shri M.p. Singh, Aged Bout 44 Years.

¶165

----Petitioner

¶166

Versus

¶167

State Of Rajasthan, Through The Secretary, Medical And Health (Group-Iii) Department, Government Of Rajasthan, Secretariat, Jaipur.

¶168

Additional Director (Training), Legal And Health Department, Secretariat, Jaipur, Rajasthan.

¶169

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

¶170

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

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Jodhpur Rajasthan.

----Respondents

S.B. Civil Writ Petition No. 14292/2022

¶177

Balaji School Of Nursing, Through Its Secretary Shri Avinash Nehra S/o Shri Dileep Kumar Nehra, Aged About 43 Years, R/o Sadulpur, Rajgarh, Churu, Rajasthan.

¶178

----Petitioner

¶179

Versus

¶180

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

¶181

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

¶182

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

¶183

----Respondents

¶184

S.B. Civil Writ Petition No. 15796/2022

¶185

Mayurakshi School Of Nursing Jodhpur, Mandalnath Chouraha Main Mathania Road, Jodhpur Parental Body Mayurakshi Shikshak Avam Vikas Sansthan, Magra Punjla, Jodhpur Through Its Secretary Atul Sankhla S/o Shri Sanwal Singh Sankhla, Aged 39 Years, R/o Magra Punjla, Jodhpur.

¶186

----Petitioner

¶187

Versus

¶188

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

¶189

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

¶190

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

¶191

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

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(10 of 21)

Jodhpur, Rajasthan.

----Respondents

For Petitioner(s)	:	Mr. Ankur Mathur, Mr. Shreyansh Mardia, Mr. Rajesh Choudhary, Mr. Vikas Bijarnia
For Respondent(s)	:	Ms. Vandana Bhansali, AGC. Mr. Manish Tak, Dy.GC. Mr. Hemant Jain Dr. Mohit Singhvi Mr. Sangram Singh Mr. Rajesh Punia Mr. Mahendra Bishnoi

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Judgment

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Reserved on 10/10/2023 Pronounced on 20/10 / 2023

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1.1 Since all the instant petitions involve a common controversy though with marginal variation in the contextual facts, therefore, for the purposes of the present analogous adjudication, the facts and the prayer clauses are being taken from the above-numbered S.B. Civil Writ Petition No. 14787/2021, while treating the same as a lead case; rival submissions of the parties and the observations of the Court, in the present order, would also be based, particularly, on the factual matrix of the lead case.

¶202

1.2. The prayer clauses read as under:-

¶203

“It is therefore, respectfully prayed that this writ

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petition may kindly be allowed by calling record of case and by an appropriate writ, order or direction:-

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(a) The record of the case may be called for.

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(b) The respondents may be directed to allow the petitioner institution to admit 60 students in GNM Course in consonance with the permissions accorded.

¶210

(c) The respondents may further be directed to include the name of the petitioner institution in the list of eligible institutions for the purpose of counselling for the academic session 2021-22 in GNM Course with intake capacity of 60 students.

¶211

(d) The respondent federation/association may be directed to recommend the authorities for enhancement of seats and also be directed to include the petitioner institution in its counselling with intake capacity of 60 seats.

¶212

(e) The respondent authorities may further be directed to accept the fees for enhanced intake capacity of seats.

¶213

(f) Cost of litigation and damages may also be allowed in favour of the petitioner.

¶214

(g) Any other appropriate writ or order or direction which is favorable to the petitioner in the facts and circumstances of the case may kindly be granted to the petitioner.”

¶215

1.3. In the present adjudication, this Court is dealing with the matter pertaining to B.Sc. (Nursing) Course, G.N.M. Course, Post Basic B.Sc. (Nursing) Course and M.Sc (Nursing) Course for the academic sessions 2020-21, 2021-22 & 2022-23.

¶216

As the pleaded facts would reveal, the State Government established the various nursing training institutions. Furthermore, with a view to effectively meet the ever increasing demand of trained nursing personnel in the medical field, a provision was made, in accordance with the Indian Nursing Council Act, 1947 ( hereinafter referred to as ‘Act of 1947’ ), to permit establishment

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of private Nursing Training Institutions, subject to fulfillment of certain criteria.

¶221

2.1. The petitioner-institution filed an application for issuance of No Objection Certificate (NOC) for opening new GNM Nursing College with intake capacity of 30 seats and the same was duly issued by the State Government on 30.01.2006.

¶222

2.2. In pursuance of such NOC, the petitioner-institution applied before the respondent-Indian Nursing Council (INC) for grant of recognition for undertaking GNM Course. The respondent-INC vide order dated 25.05.2006 granted permission to the petitionerinstitution for conducting the said Course with intake capacity of 30 seats.

¶223

2.3. Thereafter, the State Government issued an order on 31.01.2008, wherein the intake capacity of the petitionerinstitution has been ordered to be enhanced from 30 seats to 60 seats for the GNM Course. Thereafter, the respondent-INC conducted the inspection of the petitioner-institution on 06.09.2010 and the respondent-INC vide order 30.09.2010 permitted the petitioner-institution to conduct the Course in question with intake capacity of 40 seats subject to the approval of State Nursing Council for the academic session 2010-11.

¶224

2.4. The respondent-INC, in furtherance, in regard to the academic sessions 2016-17, 2017-18 & 2018-19, vide orders dated 12.07.2016, 15.09.2017 & 13.05.2019, respectively, granted permission to the petitioner-institution to conduct the Course in question with intake capacity of 40 seats. Thereafter,

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the State Government issued a list of institutions for admission of students in Course in question for the academic session 2020-21 with respective intake capacity; the petitioner-institution was held suitable to conduct the Course in question with intake capacity of 40 seats.

¶229

2.5 Subsequently, the respondent-INC and the respondent-State issued office notes dated 15.10.2020, 03.11.2020 and 09.12.2020, respectively, and stated inter alia that the respondent-INC was having no power to grant recognition to the nursing institutions, as only the State Nursing Council/State Government is empowered to do so, despite the same, the respondent-INC proceeded to reduce the intake capacity for the Course in question.

¶230

Learned counsel for the petitioners-institutions submitted that the State Government did not cancel and withdraw the seats enhancement order(s), rather the concerned authorities were ordered to sanction the seats, as claimed herein, to the petitioners-institutions for the Courses in question.

¶231

3.1. Learned counsel further submitted that the respondent-INC was having no authority to grant the NOC and recognition to the nursing institutions in the State; the petitioners are already having the NOC issued in their favour, with the intake capacity, as claimed by them, by the State Government, but despite the same, the respondent-INC granted NOC with lesser intake capacity, for the aforementioned academic sessions.

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3.2. Learned counsel also submitted that the inspections of the petitioners-institutions were conducted by the respondent-INC under Section 13 of the Act of 1947, and the reports thereof were submitted before the Executive Committee; however, the respondent-INC was having no power to proceed with such inspection reports without forwarding the same to the concerned institution(s), and therefore, the entire impugned action herein is highly illegal and arbitrary.

¶236

3.3. Learned counsel further submitted that the petitionersinstitutions are institutions recognized under the provisions of law; when the State Government/State Nursing Council had already granted the necessary permission, with a particular number of the seats to the petitioner-institutions, then the respondent-INC had no power to reduce the intake capacity of the petitionersinstitutions.

¶237

3.4. Learned counsel also submitted that the petitionersinstitutions had already invested a huge sum of money for establishing the institutions to run the Courses in question, and the students have already been allocated and admitted after allotment by the State Government. Therefore, as per learned counsel, the impugned action herein is contrary to the provisions of law.

¶238

3.5. Learned counsel further submitted that in pursuance of the interim orders passed by this Court in all the instant writ petitions, the students were allowed to appear in counseling. The petitioners-institutions had admitted the students as per the NOC

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granted by the State Government and the students are pursuing their studies in the petitioners-institutions.

¶243

On the other hand, learned counsel appearing on behalf of the respondents opposed the aforesaid submissions made on behalf of the petitioners-institutions.

¶244

4.1. Learned counsel for the respondents submitted that the petitioners-institutions did not submit the requisite application in the prescribed format within the stipulated period seeking enhancement in the number of seats, as claimed to have been permitted/approved by the State Government, and therefore, the petitioners-institutions were not included in the counseling with regard to the claimed intake capacity for the Courses in question.

¶245

4.2. Learned counsel further submitted that it is not disputed that the power to grant recognition to the nursing institutions in the State vests with the State Nursing Council/ State Government, and that, the respondent-INC does not claim the same in regard to running of the Courses in question in any of the institutions in the State, but the INC is having the right to inspect the Nursing institutions, so as to ensure that such institutions maintain the minimum requisite standards of nursing education, as it pertains to health services in the State.

¶246

4.3. It was further submitted that the respondent-INC had conducted the inspection of the petitioners-institutions, in terms of Sections 13 and 14 of the Act of 1947, and thereafter, on the basis of the said inspection, the Executive Committee found the petitioners-institutions to be suitable for respective seats only, as

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the strength of the seats commensurates to the availability of the infrastructure, clinical facility and teaching faculty of the institution concerned.

¶251

4.4. It was also submitted that as per the general practice, the NOC is granted to the concerned institution(s) subject to its meeting the guidelines laid down by the INC. In the present case, after the inspection of the petitioners-institutions, it was found that the institutions are suitable for respective seats only, and therefore, the entire action as taken herein, is justified in law.

¶252

4.5. It was further submitted that the petitioners-institutions were deficient in many aspects, like not having proper teaching faculty and proper infrastructural facilities, and thus, on count of such deficiencies having not been removed by the petitionersinstitutions, they are not eligible for grant of NOC/permission to run the Courses in question with the intake capacity, as claimed by them.

¶253

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

¶254

This Court observes that all the present petitionersinstitutions in all the aforementioned writ petitions have submitted an application for issuance of the NOC for opening new GNM Nursing College, B.Sc. Nursing Course, Post-B.Sc. Nursing Course and M.Sc. (N) Nursing Course with certain intake capacity, as claimed by them, and the same was duly issued by the State Government to run the aforementioned Courses in question.

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This Court further observes that after issuance of the NOC by the State Government, the respondent-INC, conducted the inspection of the petitioners-institutions, and thereafter, the respondent-INC allocated lesser intake capacity, than the one already sanctioned/approved by the State Government.

¶259

This Court also 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 respondent-INC 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:-

¶260

“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 has to necessarily be followed if recognition, once granted, is sought to be withdrawn.

¶261

In the light of the above reasons and the formulation of law approved by the Full Bench of the Kerala High Court clearly

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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.

¶266

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.”

¶267

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

¶268

This Court also observes that it is clear that the petitionersinstitutions are having the NOC issued by the State Government though in the years 2000, 2003, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012 & 2013, to run the aforementioned Courses in question with the claimed intake capacity, but the respondent-INC allowed the petitioners-institutions to run the aforementioned Courses in question with lesser intake capacity than the one sanctioned/approved by the State Government, after inspection of the petitioners-institutions particularly, with regard to the infrastructural facilities available in the institutions. It is settled

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that 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 with the claimed intake capacity.

¶273

This Court further observes that the students of the petitioners-institutions are continuing with the aforementioned Courses in question and were provisionally allowed to participate in the counselling process by virtue of the interim orders passed by this Hon’ble Court in the respective writ petition(s).

¶274

This Court also observes that it is clear that the petitionersinstitutions are recognized institutions having been issued the NOC by the State Government, in the years 2000, 2003, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012 & 2013, to run the aforementioned Courses in question with the claimed intake capacity, and even the respondent-INC granted recognition to them for running the Courses in question, though with lesser intake capacity than the one already sanctioned/approved by the State Government vide the NOC so issued. The petitionersinstitutions 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, in the aforementioned Courses in question for the respective academic session(s).

¶275

This Court further observes that the students are pursuing the aforementioned Courses in question in the petitionersinstitutions, and were also allowed to participate in the counseling

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process for the respective academic session(s) by virtue of the interim orders passed by this Court. The students, who took admission in the petitioners-institutions to pursue the aforementioned Courses in question are young students, and cannot be penalized or made to suffer only on technical grounds.

¶280

12.1. Therefore, at this stage and looking into the interests of the students, the students who were admitted in the petitionersinstitutions and are continuing the aforementioned Courses in question as per the State Government’s NOC for the respective academic session(s), as admitted by virtue of the interim orders of this Hon’ble Court, are ordered to be allowed to continue with their studies in the aforementioned Courses in question.

¶281

Thus, in view of the above, the present writ petitions are disposed of with liberty to the petitioners-institutions that in case they desire to further continue with the aforementioned Courses in question in the next academic session with enhanced intake capacity, they shall apply for fresh NOC before the State Government/State Nursing Council, in that regard, within a period of 15 days from today, and the cases of the petitionersinstitutions, with regard to such NOC, shall be considered and decided by the State Government/State Nursing Council, within a period of 45 days from the date of receipt of a certified copy of this judgment, strictly in accordance with law. Such decision taken by the State Government/State Nursing Council/INC shall be binding on all the institutions, for intake capacity/future running of the aforementioned Courses in question. Thus, it is directed that

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the fate of the institution(s) for the intake capacity/future running of the aforementioned Courses 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.

¶286

It is needless to say that the respondent-INC will be free to exercise its powers, as per the order passed in the case of Indian Nursing Council Vs Kamaksha & Ors. (Supra). This Court thus, directs the respondents to regularize the students in the Courses in question i.e. B.Sc. (Nursing) Course, G.N.M. Course, Post Basic B.Sc. (Nursing) Course and M.Sc (Nursing) Course for the academic sessions 2020-21, 2021-22 & 2022-23, who were admitted as per State Government’s NOC and were allowed to participate in the counselling process by virtue of the interim orders passed by this Hon’ble Court in the respective writ petition(s). All pending applications also stand disposed of.

¶287

(DR. PUSHPENDRA SINGH BHATI), J.

¶288

SKant/-

Upchar College of Nursing v. State of Rajasthan

Case brief

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Upchar College of Nursing v. State of Rajasthan

Case brief

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