Disposed

School of Nursingh Harish Hospital, Katori Wala Tibara v. State of Rajasthan

Rajasthan HC7 Nov 2023CW/8844/2022

Case brief

AI extract

What is this about?

The Court held that the current petitions are covered by the co-ordinate bench judgment in Mayurakshi College of Nursing. The petitions were disposed of with directions reiterating that institutions must apply for a fresh NOC for the next session, and the State Government/Council's decision on intake capacity shall be binding.

What did the court decide?

Writ petitions disposed of; directions reiterated for fresh NOC application for next session; stay and pending applications disposed.

School of Nursingh Harish Hospital, Katori Wala… — Education and Admissions | Rajasthan HC (2023)

¶1

[2023:RJ-JD:38289]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶3

S.B. Civil Writ Petition No. 9837/2022

¶4

Indira Education Institute Of Nursing, Through Its Director Dr. Ram Sagar Nagar S/o Mangilal Ji Nagar, Aged About 52 Years R/o Opp. Railway Station, Umarda, Udaipur, Rajasthan.

¶5

----Petitioner

¶6

Versus

¶7

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

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

¶10

----Respondents

¶11

Connected With

¶12

S.B. Civil Writ Petition No. 8844/2022

¶13

School of Nursing Harish Hospital, Katori Wala Tibara, Tijara Road, Alwar, Rajasthan Through Its Director Shri Vikas Gupta S/o Late Shri Ramesh Chand Gupta, Aged About 35 Years.

¶14

----Petitioner

¶15

Versus

¶16

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

¶17

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

¶18

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

¶19

----Respondents

¶20

[2023:RJ-JD:38289]	(2 of 4)	[CW-9837/2022]
For Petitioner(s)	: Mr. Ankur Mathur Mr. Uttam Khan
For Respondent(s)	: Mr. Sangram Singh Mr. Mahendra Vishnoi

¶21

HON'BLE MS. JUSTICE REKHA BORANA

¶22

Order

¶23

07/11/2023

¶24

Learned counsel for the petitioners submitted that the controversy in question stands covered by the judgment of the co-ordinate bench of this Court in the case of Mayurakshi College of Nursing, Jodhpur vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.15732/2022) . The said writ petition was decided with the following observations:-

¶25

“13. Thus, in view of the above, the present writ petitions are disposed of with liberty to the petitionersinstitutions 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 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 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 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.

¶26

14. 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

(3 of 4)

[2023:RJ-JD:38289]

[CW-9837/2022]

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 petitions(s). All pending applications also stand disposed of.”

¶31

It has been submitted on behalf of the petitioners that in pursuance to the interim orders dated 26.07.2022 and 29.06.2022, 100 students and 50 students respectively were provisionally admitted for the academic year 2022-2023 in the GNM Course.

¶32

Now the controversy has been settled vide Mayurakshi’s case (supra) wherein the respondent Department has been directed to regularise the students who were allowed to participate in the counselling process by virtue of the interim orders passed by this Hon’ble Court, in the courses in question for the academic sessions 2020-21, 2021-22 & 2022-23.

¶33

This Court is of the opinion that the issue in question would be covered by the observations and decision of the co-ordinate bench in Mayurakshi’s case (supra).

¶34

However, it is hereby reiterated that the present order would operate only qua the academic session 2022-23. As observed in Mayurakshi’s case (supra), if the petitioner Institutes are desirous to continue the course in question for the next academic session, it would mandatorily have to apply for a fresh NOC before the State Government/State Nursing Council.

¶35

The case of the petitioner Institutes with regard to NOC shall be considered and decided by the State Government/State

(4 of 4)

[2023:RJ-JD:38289]

[CW-9837/2022]

Nursing Council within a period of 45 days from the said application. The decision as taken by the State Government/State Nursing Council qua the intake capacity shall be binding on the Institutes.

¶40

It is further made clear that if in future, the petitioner Institutes apply before this Court for grant of any interim order in its favour without applying for issuance of the NOC to the State Government, the same shall be deemed to be in defiance of the directions issued in the present writ petitions.

¶41

The present writ petitions are disposed of with directions as issued in the case of Mayurakshi’s case (supra) and the observations made above.

¶42

Stay petitions and all pending applications, if any, also stand disposed of.

¶43

(REKHA BORANA),J

¶44

134-135-Sachin/-

School of Nursingh Harish Hospital, Katori Wala Tibara v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

School of Nursingh Harish Hospital, Katori Wala Tibara v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Nandu Vs Tammu

Gulab Ram Vs Vakta Ram

Vivekanand Sewarth Sansthan Vs the State of Rajasthan

Ramnarayan Jat Vs State of Rajasthan

Aaradhya Bhati Vs State of Rajasthan

Shree Balaji Institute of Paramedical, Jodhpur Vs State of Rajasthan