The Court dismissed the writ petition filed by an educational trust seeking a No Objection Certificate (NOC) for G.N.M. course seats. Disposing the matter in terms of a connected precedent, the Court held the petition need not be independently adjudicated.
Petition disposed of in terms of the order in Shri Maharashi Dadhich Shiksha Samiti.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2023/RJJD/014390]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 91/2023
Anand Shree Trust, Anand Hospital, Kothun Road, Lalsot, Dausa, Rajasthan Through Its Secretary Shri Dr. Suneet Kumar Upadhyaya S/o Shri Ashok Kumar Upadhyaya, Aged About 45 Years, Resident Of Anand Hospital, Kothun Road, Lalsot, Dausa, Rajasthan.
----Petitioner
Versus
----Respondents
| For Petitioner(s) | : Mr. Shreyansh Mardia. |
|---|---|
| For Respondent(s) | : Dr. Mohit Singhvi for RUHS. |
| Mr. Sangram Singh for RNC | |
| Ms. Vrinda Samdani. |
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
10/05/2023
[2023/RJJD/014390]
[CW-12213/2022]
(2 of 3)
“13. In view of the above submissions, this Court while adjudicating category No.1 out of the broader propositions jointly framed by learned counsel for the parties; allowing the present writ petitions directs the respondents to abide by the assurances given by their counsel and revisit the NOC and grant the same to the petitioners within a period of 30 days from the date of receiving a certified copy of this order, in case they are fulfilling the condition of own 100 bed hospital criteria as well as other eligibility criteria for grant of NOC.
14. In case, there is any rejection, it shall have to carry a speaking order for each institute, giving reasons.
15. It is further directed that once such result is declared within a period of 30 days; if intake capacity is available for the students of the respective courses and the minimum time period for required attendance is remaining, the respondents shall be required to take a considered decision for conducting fresh counselling for the vacant seats equitably between the institutions, which succeed in the process of grant of NOC.
16. In case, the affiliation fee or any other fee chargeable by the State and the University is the issue for grant of NOC, then the petitioners shall be given at least one chance to submit such amount, strictly in accordance with law.
17. It is needless to say that, such considered decision on fresh counselling shall be taken while keeping into consideration the interest of the on going
(3 of 3)
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academic session, the students concerned and the institutions.
18. In case, any grievance remains, the parties shall be at liberty to come back to the Court.
19. It is made clear that the list of cases falling in the category-I has been jointly submitted by all the respective counsel for the parties.
20. If any case in the list of present cause title falls outside the purview of category-I, the respondents shall be at liberty to reject the NOC.”
in terms of the order passed by this Court in Shri Maharashi
Dadhich Shiksha Samiti (supra) .
(DR.PUSHPENDRA SINGH BHATI), J.
89-Jitender
2 issues framed by the court
Whether the petitioner is entitled to the same relief as granted in Shri Maharashi Dadhich Shiksha Samiti regarding NOC for 100 G.N.M. seats.
Whether the instant writ petition requires independent adjudication or disposal in accordance with the earlier order.
Colour shows how this judgement treated each authority
Shri Maharashi Dadhich Shiksha Samiti Vs. State Of Rajasthan & Ors.Followed¶21
Shri Maharashi Dadhich Shiksha Samiti Vs. State Of Rajasthan & Ors. (S.B. Civil Writ Petition No. 2488/2023)
1 provisions across 1 enactments
Anand Shree Trust, Anand Hospital
State Of Rajasthan
Rajasthan Nursing Council
Rajasthan University Of Health Science
Private Physiotherapy, Nursing And Para Medical Institutions Society
Dr. Pushpendra Singh Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
