Dismissed

State of Rajasthan v. Gayatri Vidhyapeeth, (Nimt College of Nursing)

Rajasthan HC1 Mar 2024SAW/103/2023

Case brief

AI extract

What is this about?

High Court Special Appeals by the State challenging the Single Judge's order quashing a policy requiring nursing colleges to have a 100-bedded own hospital. The Court held the State condition was repugnant to Central Regulations and dismissed the appeals.

What did the court decide?

The Special Appeals filed by the State of Rajasthan against the Writ Order quashing the 100 bedded hospital condition were dismissed.

State of Rajasthan Vs Gayatri Vidhyapeeth, (Nimt… — Service and Employment | Rajasthan HC (2024)

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(1 of 61)

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[2024:RJ-JD:10863-DB]

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[SAW-11/2023]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Spl. Appl. Writ No. 11/2023

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State Of Rajasthan, Through The Secretary, Department Of Medical And Health (Group-3), Government Of Rajasthan, Jaipur.

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----Appellant

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Versus

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Private Physiotherapy, Nursing And Paramedical Institution Society, Office Address Plot No. 273 Subhash Nagar, Pal Road, Jodhpur, Rajasthan Through Its Secretary Dilip Tiwari S/o Shri Anand Ram Tiwari, Aged About 62 Years.

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----Respondent

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	Connected With
	D.B. Spl. Appl. Writ No. 53/2023
1.	State Of Rajasthan, Through Its Principal Secretary, Department Medical And Health, Government Of Rajasthan, Government Secretariat,Jaipur.
2.	Joint Secretary (Group-3), Medical And Health
	Department, Government Of Rajasthan, Government Secretariat,Jaipur(Rajasthan). ----Appellants Versus
1.	Annpurna Medical Training (College Of Nursing), Sikar Jaipur Road Sikar 332001
	Rajasthan Through Its
	Secretary Shri Om Prakash Sharma S/o Shri Partu Ram, Aged About 55 Years.
2.	Rajasthan Nursing Council, Through Its Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur, (Rajasthan).
3.	Rajasthan University Of Health And Science, Through Its Registrar, Kumbha Marg, Pratap Nagar,Jaipur,Rajasthan.
4.	Private Physiotherapy, Nursing And Para Medical Institutions Society, Having Office Address At Plot No.273, Subhash Nagar, Pal Road,Jodhpur,Rajasthan. ----Respondents

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D.B. Spl. Appl. Writ No. 56/2023

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State Of Rajasthan, Through The Secretary, Department Of Medical And Health (Group-3) , Government Of Rajasthan, Jaipur.

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[2024:RJ-JD:10863-DB]

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[SAW-11/2023]

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2024:RJ-JD:10863-DB] (2 of 61) [SAW-11/2023 ----Appellant
Versus
1. Shaheed Bhai Sukha Singh
Mehtab Singh Charitable
Foundation, (Sant Baba Fateh Singh Chanan Singh Nursing Institute), Vill 5 N P Dabla (Budha Johar) Tehsil
, Raisinghnagar, Distt.
Sriganganagar Through Its
Representative Karanveer Singh S/o Shri Balvinder Singh, Aged About 38 Years.
2. Rajasthan Nuringh Council,
Through Its Registrar, B 39
Sardar Patel Marg, C Scheme,
Jaipur(Rajasthan).
3. Private Physiotherapy, Nursingh And Para Medical Institutions Society, Having Office Address At Plot No 273, Subhash Nagar, Pal Road,Jodhpur,Rajasthan. ----Respondents D.B. Spl. Appl. Writ No. 72/2023
State Of Rajasthan, Through Its Principal Secretary, Medical And Health (Group-3) Department, Government Of Rajasthan, Government Secretariat,Jaipur(Rajasthan). ----Appellant Versus
1. Navjeevan Shikshan Sansthan
(Navjeevan College Of B.sc.
Nursing), Khuri Bari,
Laxmangarh Sikar Rajasthan
, , , Through Its Secretary Shri
Sunil Kumar S/o Shri Banwar
Lal Aged About 37 Years.
2. Rajasthan Nursing Council,
Through Its Registrar, B 39,
Sardar Patel Marg, C Scheme,
Jaipur(Rajasthan).
3. Rajasthan University Of Health
And Science, Through Its
Registrar, Kumbha Marg, Partap Nagar,Jaipur,Rajasthan.
4. Private Physiotherapy, Nursing
And Para Medical Institutions
Society, Branch Office Jodhpur
Through Its Secretary, Plot No. 273, Subhash Nagar, Pal Road, Jodhpur Rajasthan. ----Respondents
D.B. Spl. Appl. Writ No. 73/2023
1. State Of Rajasthan,Through Its

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[SAW-11/2023]

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2024:RJ-JD:10863-DB]	(3 of 61) [SAW-11/2023 Principal Secretary, Medical And Health Department, Government Of Rajasthan,
	Government Secretariat, Jaipur (Rajasthan).
2.	Joint Secretary (Group-3), Medical And Health
	Department, Government Of
	Rajasthan, Government
	Secretariat,Jaipur(Rajasthan). ----Appellants
	Versus
1.	Anupama Medical Prashikshan
	Sansthan, Jeevan Nagar, Sikar,
	Rajasthan, Through Its Secretary Shree Rajendra Modi
	S/o Shri Bhanwat Lal Modi, Aged About 58 Years.
2.	Rajasthan Nursing Council,
	Through Its Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur(Rajasthan).
3.	Rajasthan University Of Health And Science, Through Its
	Registrar, Kumbha Marg, Pratap Nagar Jaipur,Rajasthan.
4.	Private Physiotherapy, Nursing And Para Medical Institutions Society, Having Office Address
	At Plot No. 273, Subhash
	Nagar, Pal Road, Jodhpur, Rajasthan.

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----Respondents

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D.B. Spl. Appl. Writ No. 75/2023

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

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----Appellant

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Versus

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1.	Smt. Savitri Bai Fule Memorial
	Sansthan, Bahwara Near
	Daulatpura Toll Plaza, Express
	Highway Jaipur, Rajasthan Through Its Deputy Secretary
	Shri Subhash Chand Saini S/o
	Shri Arjun Lal Saini, Aged About 42 Years.
2.	Rajasthan Nursing Council,
	Through Its Registrar, B-39,
	Sardar Patel Marg, C-Scheme, Jaipur(Rajasthan).
3.	Rajasthan University Of Health
	And Science, Through Its
	Registrar,Kumbha Marg,Partap

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[2024:RJ-JD:10863-DB]

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[SAW-11/2023]

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(4 of 61)

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4.	Nagar,Jaipur,Rajasthan. Rajasthan Private Nursing School College Federation, Lal Kothi, Jaipur Through Its President.
5.	Private Physiotherapy Nursing And Para Medical Institutions
	Society, Having Office Address
	At Plot No. 273, Subhash
	Nagar, Pal Road, Jodhpur Rajasthan.

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----Respondents

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D.B. Spl. Appl. Writ No. 76/2023

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

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----Appellant
Versus
1. Chaudhary Kanaram Dhaka
Memorial Sansthan (Ckrd Memorial School Of Nursing), Dhigal, Nawalgarh Road, Tehsil Nawalgarh, District Jhunjhunu,
Rajasthan Through Its
Representative Shri Faruk
Sayed S/o Shri Sayed, Aged
About 37 Years.
2. Rajasthan Nursing Council, Through Its Registrar, B-39,
Sardar Patel Marg, C-Scheme, Jaipur(Rajasthan).
3. Private Physiotherapy, Nursingh And Para Medical Institutions Society, Having Office Address
At Plot No. 273, Subhash Nagar, Pal Road, Jodhpur
Rajasthan. ----Respondents D.B. Spl. Appl. Writ No. 77/2023
The State Of Rajasthan, Through The Secretary Department Of Medical And Health,Government Secretariat,Jaipur ----Appellant Versus
1. Deepshikha Kala Sansthan,
Having Its Registered Office At
Sector 3, Varun Path,
Mansarovar, Jaipur, Through Its Director Mr. Prem Surana S/o
Nirmal Kumar Surana, Age 66
Years, R/o 08 Gaurav Nagar,
Near Cm House, Civil Lines,
Jaipur.
2. Rajasthan NursingCouncil,

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----Respondents

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[SAW-11/2023]

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	Through Its Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur, (Rajasthan).
3.	Rajasthan University Of Health
	And Science, Through Its Registrar, Kumbha Marg, Pratap Nagar,Jaipur,Rajasthan.
4.	Private Physiotherapy, Nursing And Para Medical Institutions
	Society, Having Office Address At Plot No.273, Subhash Nagar, Pal Road,Jodhpur,Rajasthan.

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----Respondents

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D.B. Spl. Appl. Writ No. 78/2023

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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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	----Appellant Versus
1.	Shri Balaji Shikshan Sansthan, C/o 205, Subhash Nagar, Bhilwara, Rajasthan, Through
	Its President Shree Pramod Tiwari S/o Shri Gopal Lal Tiwari S/o Shri Gopal Lal Tiwari, Aged About 37 Years.
2.	Rajasthan Nursing Council,
	Through Its Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur, (Rajasthan).
3.	Rajasthan University Of Health
	And Science, Through Its Registrar, Kumbha Marg, Pratap Nagar,Jaipur,Rajasthan.
4.	Private Physiotherapy, Nursing And Para Medical Institutions Society, Having Office Address At Plot No.273, Subhash Nagar, Pal Road,Jodhpur Rajasthan.

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----Respondents

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D.B. Spl. Appl. Writ No. 79/2023

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

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	----Appellant Versus
1.	Times College Of Nursing Hanumangarh Town, Hanumangarh Rajasthan Through Its Parental Body Times Educational Society, Hanumangarh Town Hanumangarh Through

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[2024:RJ-JD:10863-DB]

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[SAW-11/2023]

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2024:RJ-JD:10863-DB] (6 of 61) [SAW-11/2023 Chairman Sagarmal Laddha S/o Shri Bhagirathmal, By Caste Agarwal, Aged About 64 Years, Resident Of Hanumangarh (Raj.).
2. Rajasthan Nuring Council, Through Its Registrar, B-39, Sardar Patel Marg, C-Scheme Jaipur(Rajasthan).
3. Rajasthan University Of Health And Science, Through Its Registrar, Kumbha Marg, Pratap Nagar,Jaipur,Rajasthan.
4. Rajasthan Private Nursing
School College Federation, Lal
Kothi, Jaipur Through Its President.
5. Private Physiotherapy Nursing And Para Medical Institutions Society, Having Office Address At Plot No 273, Subhash Nagar, Pal Road,Jodhpur Rajasthan. ----Respondents D.B. Spl. Appl. Writ No. 80/2023
State Of Rajasthan, Through The Principal Secretary Department Of Medical And Health, Government Of Rajasthan, Government Secretariat,Jaipur(Rajasthan). ----Appellant Versus
1. Murli Singh Yadav B. Sc.
Nursing Clg, Karni Colony,
Udairamsar, Bikaner Run By
Society Murli Singh Yadav
Memorial Prashikshan Sinsthan
, Udairamsar, Bikaner Through It St Kld Yd S/
s ecreary ueep aav o Manmohan Singh Yadav,
Aged 44 Years, R/o Karni
Coach, Udairamsar, District
Bikaner(Rajasthan).
2. Rajasthan Nursing Council, Through Its Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur, (Rajasthan).
3. Rajasthan University Of Health And Science, Through Its Registrar, Kumbha Marg, Pratap Nagar,Jaipur,Rajasthan.
4. Rajasthan Private Nursing
School College Federation,
Lalkothi, Jaipur Through Its President.

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----Respondents

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D.B. Spl. Appl. Writ No. 90/2023

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[2024:RJ-JD:10863-DB]

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[SAW-11/2023]

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(7 of 61)

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State Of Rajasthan, Through The Secretary, Department Of Medical And Health (Group-3), Government Of Rajasthan, Jaipur.

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----Appellant

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	Versus
1.	Shaheed Bhai Sukha Singh
	Mehtab Singh Charitable
	Foundation, (Sant Baba Fateh
	Singh Chanan Singh Nursing
	Institute), Vill. 5 N.p. Dabla
	(Budha Johar), Tehsil
	Raisinghnagar, Dist. Sri
	Ganganagar (Rajasthan), Through Its Representative Shri
	Karanveer Singh S/o Shri
	Balvinder Singh, Aged About 38 Years.
2.	Rajasthan Nursing Council,
	Through Its Registrar, B-39,
	Sardar Patel Marg, C-Scheme, Jaipur(Rajasthan).
3.	Private Physiotherapy, Nursing And Para Medical Institutions
	Society, Branch Office Jodhpur Through Its Secretary, Plot No. 273, Subhash Nagar, Pal Road, Jodhpur Rajasthan. ----Respondents

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D.B. Spl. Appl. Writ No. 92/2023

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

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	----Appellant Versus
1.	Shree Vinayak Institute Of
	Medical Technology, Address Rajat Path Mansarovar, Jaipur, Rajasthan Through Its
	Representative Sayar Parihar
	S/o Shri Kana Ram Parihar, Aged About 27 Years.
2.	Rajasthan Nursing Council, Through Its Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur(Rajasthan).
3.	Private Physiotherapy, Nursing
	And Para Medical Institutions Society, Branch Office Jodhpur Through Its Secretary, Plot No. 273, Subhash Nagar, Pal Road, Jodhpur Rajasthan. ----Respondents

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D.B. Spl. Appl. Writ No. 103/2023

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State Of Rajasthan, Through The Principal Secretary, Medical

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[SAW-11/2023]

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And Health Department, Government Of Rajasthan, Government Secretariat, Jaipur (Rajasthan).

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----Appellant Versus
1. Gayatri Vidhyapeeth, (Nimt College Of Nursing), 1-4 Indira Gandhi Nagar, Bagrana, Post Kanota, Agra Road, Jaipur, Rajasthan, Through Its Representative Shri Rishi Sharma S/o Shri Damodar Sharma,Aged About 35 Years.
2. Rajasthan Nursing Council, Through Its Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur(Rajasthan).
3. Rajasthan University Of Health And Science, Through Its Registrar, Kumbha Marg, Pratap Nagar,Jaipur,Rajasthan.
4. Private Physiotherapy, Nursing And Para Medical Institutions Society Having Office Address At Plot No. 273, Subhash Nagar, Pal Road, Jodhpur
Rajasthan. ----Respondents D.B. Spl. Appl. Writ No. 104/2023
State Of Rajasthan, Through Its Principal Secretary, Medical And Health Department, Government Of Rajasthan, Government Secretariat,Jaipur(Rajasthan). ----Appellant Versus
1. Choudhary Kana Ram Dhaka Memorial Nursing College, Vpo Dhingal, Jaipur Highway, Jhunjhunu, (Rajasthan), Through Its Representative, Shri Faruk Sayed S/o Shri
Sadik Sayed, Aged About 37 Years.
2. Rajasthan Nursing Council, Through Its Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur(Rajasthan).
3. Rajasthan University Of Health And Science, Through Its Registrar, Kumbha Marg, Pratap Nagar,Jaipur,Rajasthan.
4. 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
D.B. Spl. Appl. Writ No. 106/2023
1. State Of Rajasthan, Through Its Principal Secretary, Department Of Medical And Health, Government Of Rajasthan, Government Secretariat, Jaipur (Rajasthan).
2. Additional Director, Medical And
Health (Group-Iii) Department, Government Of Rajasthan, Jaipur. ----Appellants
Versus
1. S.r. Bal Vidhya Mandir Samiti
(Shri Krishna School Of Nursing), C/o 412, Master Ji Ki Dhani Bhainsawa, Via- K.
Renwal The. K. Renwal, Jaipur, Rajasthan Through Its Secretary Shri Harphool Singh S/.o Shri Sawai Ram Jat, Aged About 43 Years.
2. Rajasthan Nursing Council, Through Its Registrar B-39 Sardar Patel Marg, C-Scheme, Jaipur,Rajasthan
3. Rajasthan Private Nursing
School College Federation, Through Its President, 357 Laxmi Nagar, Paota B-Road, Jodhpur,Rajasthan ----Respondents D.B. Spl. Appl. Writ No. 109/2023 State Of Rajasthan, Through Its Principal Secretary Medical And Health Department, Government Of Rajasthan, Government Secretariat,Jaipur(Rajasthan). ----Appellant Versus
1. Gayatri Vidhyapeeth, (Shree Ram College Of Nursing), 45- 48 Vivek Vihar, Post Kanota, Jaipur, Rajasthan, Through Its
Representative Shri Rishi Sharma S/o Shri Damodar Sharma,Aged About 36 Years.
2. Rajasthan Nursing Council,
Through Its Registrar, B 39, Sardar Patel Marg, C Scheme, Jaipur, (Rajasthan).
3. Rajasthan University Of Health
And Science,Through Its

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Registrar, Kumbha Marg, Pratap Nagar,Jaipur,Rajasthan. 4. Private Physiotherapy, Nursing And Para Medical Institutions Society, Through Its Secretary, Plot No 273, Subhash Nagar, Pal Road,Jodhpur Rajasthan. ----Respondents D.B. Spl. Appl. Writ No. 110/2023
State Of Rajasthan, Through The Secretary, Department Of Medical And Health(Group-3),Government Of Rajasthan,Jaipur. ----Appellant Versus
1. Surendera Nursing Training Institute, A Unit Od Late Smt.
Vidyawanti Ladhu Ram
Foundation For Science Research And Social Welfare, H.h. Gardens, Chak 1-E Chhoti, Sri Ganganagar Through The Secretary Of The Trust Gorav Gupta S/o Late Shri Surendra Kumar Aggarwal, By Caste Aggarwal, Aged About 49 Years, R/o H. H. Gardens Chak 1 E Chhoti,Sri Ganganagar.
2. Rajasthan University Of Health Sciences, Through Its Registrar, Sector 18,PratapNagar,Jaipur.
3. Rajasthan Nursing Council, Through Its Registrar, B 39, Sardar Patel Marg, C Scheme, Jaipur(Rajasthan).
4. Indian Nursingh Council, Through Its Secretary, Combined Councils Building, Kotla Road, Temple Lane, New Delhi.
5. The President, Rajasthan Private Nursingh School, College Federation, E 277, Nakul Path, Lal Kothi Yojana, Jaipur.
6. The Secretary, Private Physiotherapy, Nursingh And Para Medical Institutions Society, Plot No 273, Subhash Nagar Pal Road,Jodhpur.
7. The Chairman, Nursing Counselling Board 2021 Ruhs College Of Dental Sciences,
Wqqv 47R, Jothwara Road, Subhash Nagar, Shastri Nagar Near Tb Hospital,Jaipur.

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----Respondents

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----Appellant

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(11 of 61)

----Respondents

D.B. Spl. Appl. Writ No. 111/2023

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State Of Rajasthan, Through Its Principal Secretary, Medical And Health (Group-3) Department, Government Of Rajasthan, Government Secretariat, Jaipur (Rajasthan).

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	----Appellant Versus
1.	Durga Devi Memorial Education Trust, (R R College Of Nursing), 141-142, Shri Hanuman City,
	Near Sitapura Puliya, Tonk Road, Jaipur, Rajasthan, Through Its Managing Trustee Madan Mohan Sharma S/o Shri
	Ram Lal Sharma, Aged About 43 Years.
2.	Rajasthan Nursing Council, Through Its Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur(Rajasthan).
3.	Rajasthan University Of Health And Science, Through Its Registrar, Kumbha Marg, Pratap Nagar,Jaipur,Rajasthan.
4.	Private Physiotherapy Nursing And Para Medical Institutions Society, Having Office Address At Plot No 273, Subhash Nagar, Pal Road,Jodhpur,Rajasthan. ----Respondents

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D.B. Spl. Appl. Writ No. 112/2023

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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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	----Appellant Versus
1.	Shri Bajrang B.sc Nursing
	College, Deeg, Bharatpur, Under The Management Of Shri
	Bajang Vidhyalay Samiti, Deeg
	Bharatpur, Through Its
	Secretary Mahesh Chand
	Sharma S/o Sh. Parsadi Lal
	Sharma, Aged About 58 Years,
	Resident Of Bhuda Gate, Deeg, Bharatpur(Raj.)
2.	Rajasthan Nursing Council,
	Through Its Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur(Rajasthan).
3.	Rajasthan University Of Health
	And Science, Through Its
	Registrar,Kumbha Marg,Partap

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[SAW-11/2023]

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2024:RJ-JD:10863-DB] (12 of 61) [SAW-11/2023 Nagar,Jaipur,Rajasthan.
4. Rajasthan Private Nursing School College Federation, Lal Kothi, Jaipur Through Its President.
5. Private Physiotherapy, Nursing And Para Medical Institutions Society, Branch Office Jodhpur Through Its Secretary, Plot No. 273, Subhash Nagar, Pal Road, Jodhpur Rajasthan. ----Respondents D.B. Spl. Appl. Writ No. 114/2023
State Of Rajasthan, Through Its Principal Secretary, Department Of Medical And Health, Government Of Rajasthan, Government Secretariat Jaipur(Rajasthan). ----Appellant Versus
1. Geetanjali College Of Nursing, Borawar, Nagaur, Under The Management Of Getanjali Shikshan Sansthan, Borawar, Tehsil Makrana, District Nagaur (Raj.), Through Its Secretary Lal Mohammed Khan S/o Sh. Saraj Ahmed, Aged About 53 Years, Deshwali, Mohalla, Borawar, Tehsil Makrana, District Nagaur(Raj.).
2. Rajasthan Nursing Council, Through Its Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur, (Rajasthan).
3. Rajasthan University Of Health And Science, Through Is Registrar, Kumbha Marg, Pratap Nagar,Jaipur,Rajasthan.
4. Private Physiotherapy, Nursing And Para Medical Institutions Society, Having Office Address At Plot No.273, Subhash Nagar, Pal Road,Jodhpur,Rajasthan. ----Respondents
D.B. Spl. Appl. Writ No. 119/2023
State Of Rajasthan, Through Its Principal Secretary, Medical And Health Department, Government Of Rajasthan, Government Secretariat,Jaipur(Rajasthan). ----Appellant Versus
1. Agrani Society For Education
And Development, (G.l. Saini Memorial College Of Nursing)
, 7-8,Radha Nikunj,Rampura

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[SAW-11/2023]

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[2024:RJ-JD:10863-DB] (13 of 61) [SAW-11/2023
Mod, Iskan Road, Opp. Vijay Path, Mansarover, Jaipur, Rajasthan, Through Its Director Dr. Pramod Pal S/o Shri Yash Pal Yash,Aged About 40 Years.
2. Rajasthan Nursing Council, Through Its Registrar, B-39,
Sardar Patel Marg, C-Scheme, Jaipur(Rajasthan).
3. Rajasthan University Of Health
And Science, Through Its
Registrar, Kumbha Marg, Partap Nagar,Jaipur,Rajasthan.
4. Private Physiotherapy, Nursing And Para Medical Institutions Society, Branch Office Jodhpur
Through Its Secretary, Plot No. 273, Subhash Nagar, Pal Road, Jodhpur Rajasthan. ----Respondents D.B. Spl. Appl. Writ No. 120/2023
State Of Rajasthan, Through Its Principal Secretary, Department Of Medical And Health, Government Of Rajasthan, Government Secretariat,Jaipur(Rajasthan). ----Appellant Versus
1. Shri Bajrang Nursing College,
Bharatpur Road, Deeg,
Bharatpur, Under The
Management Of Shri Bajrang
College Pharmacy Siksha
Samiti Deeg Bharatpur
, , Through Its Secretary Suresh Chandra Sharma S/o Sh.
Parsadi Lal Sharma, Aged
About 63 Years, Resident Of
Bhuda Gate Deeg Bharatpur
, , Rajasthan.
2. Rajasthan Nursing Council,
Through Its Registrar, B-39,
Sardar Patel Marg, C-Scheme, Jaipur(Rajasthan).
3. Rajasthan University Of Health
And Science, Through Its
Registrar, Kumbha Marg, Pratap Nagar,Jaipur,Rajasthan.
4. Rajasthan Private Nursing
School College Federation, Lal
Kothi Jaipur Through Its
, President.
5. Private Physiotherapy, Nursing
And Para Medical Institutions Society Branch Office Jodhpur
, , Through Its Secretary,Plot No.

----Respondents

----Appellant

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273, Subhash Nagar, Pal Road, Jodhpur, Rajasthan.

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----Respondents

¶100

D.B. Spl. Appl. Writ No. 128/2023

¶101

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

¶102

----Appellant

¶103

Versus
1. M.b. Health And Hygiene Nursing Shikshan Sansthan, (M.b. College Of Nursing),
Dungarpur Through Its
Secretary Shri Kapil Anand
Kalal S/o Shri Poonam Chand Kalal, Aged About 41 Years, R/o Shastri Colony, Badal Mahal
Road, Dungarpur-314001- Rajasthan.
2. Rajasthan Nursing Council, Through Its Registrar, B 39, Sardar Patel Marg, C-Scheme, Jaipur(Rajasthan).
3. Rajasthan University Of Health And Science, Through Its Registrar Kumbha Marg Pratap Nagar Jaipur Rajsthan
4. Private Physiotherapy, Nursing And Para Medical Institutions Society, Branch Office Jodhpur Through Its Secretary, Plot No 273, Subhash Nagar, Pal Road, Jodhpur,Rajasthan.
5. Rajasthan Private Nursing
Schools And Colleges
Federation Federation, Through Its Chairman, 357 Laxmi Nagar, Paota B Road, Jodhpur, Rajasthan 342001. ----Respondents D.B. Spl. Appl. Writ No. 129/2023
State Of Rajasthan, Through Its Principal Secretary, Medical And Health Department, Government Of Rajasthan, Government Secretariat Jaipur(Rajasthan). ----Appellant Versus
1. Bharatiya Educational, Cultural
And Welfare Trust, (Khwaja
Garib Nawaz College Of
Nursing), Nh 11, Fatehpur
Road, Near Sabalpura, Sikar,
Rajasthan, Through Its
SecretaryShri Khadim Hussain

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[SAW-11/2023]

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2024:RJ-JD:10863-DB] (15 of 61) [SAW-11/2023 Khatri S/o Shri Mohammed Yasin Khatri, Aged About 63 Years.
2. Rajasthan Nursing Council, Through Its Registrar, B 39, Sardar Patel Marg, C-Scheme, Jaipur(Rajasthan).
3. Rajasthan University Of Health And Science, Through Its Registrar, Kumbha Marg, Pratap Nagar,Jaipur, (Rajasthan).
4. Private Physiotherapy, Nursing And Para Medical Institutions Society, Branch Office Jodhpur Through Its Secretary, Plot No 273, Subhash Nagar, Pal Road, Jodhpur,Rajasthan. ----Respondents D.B. Spl. Appl. Writ No. 130/2023
State Of Rajasthan, Through Its Principal Secretary, Medical And Health Department, Government Of Rajasthan, Government Secretariat,Jaipur(Rajasthan). ----Appellant Versus
1. Durga Devi Memorial
Educational Trust (R R College Of Nursing), 141-142, Shri Hanuman City, Near Sitapura Puliya, Tonk Road, Jaipur,
Rajasthan Through Its
Managing Trustee Madan
Mohan Sharma S/o Shri Ram Lal Sharma, Aged About 43 Years.
2. Rajasthan Nursing Council, Through Its Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur(Rajasthan).
3. Rajasthan University Of Health And Science, Through Its Registrar, Kumbha Marg, Partap Nagar,Jaipur,Rajasthan.
4. Private Physiotherapy Nursing And Para Medical Institutions Society, Branch Office Jodhpur Through Its Secretary, Plot No. 273, Subhash Nagar, Pal Road, Jodhpur,Rajasthan.

¶107

----Respondents

¶108

----Respondents

¶109

D.B. Spl. Appl. Writ No. 131/2023

¶110

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

¶111

[2024:RJ-JD:10863-DB]

¶112

[SAW-11/2023]

¶113

2024:RJ-JD	:10863-DB] (16 of 61) [SAW-11/2023 ----Appellant Versus
1.	Vyas College Of Nursing, Haud Pali Road, Jodhpur, Rajasthan Through Its Principal Shri Manish Saraswat S/o Late Shri Satish Chand Sharma, Aged About 40 Years.
2.	Rajasthan Nursing Council, Through Its Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur(Rajasthan).
3.	Rajasthan University Of Health And Science, Through Its Registrar, Kumbha Marg, Pratap Nagar,Jaipur,Rajasthan.
4.	Private Physiotherapy Nursing And Para Medical Institutions Society, Through Its Secretary, Having Office Address At Plot No. 273, Subhash Nagar, Pal Road,Jodhpur,Rajasthan. ----Respondents
	D.B. Spl. Appl. Writ No. 132/2023
1.	State Of Rajasthan, Through Its
	The Secretary, Medical And
	Health (Group-Iii), Government Of Rajasthan, Government Secretariat,Jaipur.
2.	Additional Director, Medical And Health (Group-Iii) Department,
	Government Of Rajasthan, Jaipur. ----Appellants
	Versus
1	Shri Maharashi Dadhich
.	Shiksha Samiti (Smd College Of
	Ni Bhid S
	ursng), en emcor Factory Naya Nohra Baran
	, , Road, Kota, Rajasthan Through
	Its Secretary Shri Raj Dadhich
	S/o Shri R.n. Dadhich, Aged About 43 Years.
2.	Rajasthan Nuringh Council, Through Its Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur(Rajasthan).
3	Rth Uiit Of Hlth
.	ajasan nversy ea And Science, Through Its
	Registrar, Kumbha Marg, Pratap Nagar,Jaipur,Rajasthan.
4.	Rajasthan Private Nursing Schools And Colleges
	Federation, Through Its

¶114

[2024:RJ-JD:10863-DB]

¶115

[SAW-11/2023]

¶116

(17 of 61)

¶117

Chairman, 357, Laxmi Nagar, Paota B Road, Jodhpur Rajasthan.

¶118

----Respondents

¶119

D.B. Spl. Appl. Writ No. 135/2023

¶120

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

¶121

----Appellant

¶122

	Versus
1.	Vivekanand Nursing College,
	Tigariya Tehsil Chomu, District Jaipur (Raj.), Under The
	Management Of Rameshwar
	Prasad Memorial Shikshan
	Samiti Through Its Secretary Meghraj Yadav S/o Rameshwar Prasad Yadav, Aged About 44
	Years Resident Of Shyamnagar
	Colony, Railway Station Road,
	Chomu,Jaipur.
2.	Rajasthan Nursing Council, Through Its Registrar, B-39,
	Sardar Patel Marg, C-Scheme, Jaipur(Rajasthan).
3.	Rajasthan University Of Health
	And Science, Through Its Registrar, Kumbha Marg, Pratap Nagar,Jaipur,Rajasthan.
4.	Rajasthan Private Nursing
	School College Federation, Lal
	Kothi, Jaipur Through Its President.
5.	Private Physiotherapy, Nursing
	And Para Medical Institutions
	Society, Branch Office Jodhpur Through Its Secretary, Plot No. 273, Subhash Nagar, Pal Road, Jodhpur Rajasthan. ----Respondents
	D.B. Spl. Appl. Writ No. 143/2023

¶123

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

¶124

	----Appellant Versus
1.	Gayatri Vidyapeeth (Shree Ram
	School Of Nursing), 45-48 Vivek Vihar, Post Kanota, Agra
	Road, Jaipur, Rajasthan
	Through Its President Dr. R.d.
	Sharma S/o Shri Krishna Gopal
	Sharma,Aged About 64 Years.

¶125

[2024:RJ-JD:10863-DB]

¶126

[SAW-11/2023]

¶127

2024:RJ-JD:10863-DB] (18 of 61) [SAW-11/2023
2. Rajasthan Nursing Council, Through Its Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur(Rajasthan).
3. Private Physiotherapy, Nursing And Para Medical Institutions Society, Having Office Address At Plot No. 273, Subhash Nagar, Pal Road, Jodhpur Rajasthan. ----Respondents D.B. Spl. Appl. Writ No. 144/2023
State Of Rajasthan, Through Its Principal Secretary, Medical And Health Department, Government Of Rajasthan, Government Secretariat,Jaipur(Rajasthan). ----Appellant Versus
1. Shri Vinayaka Mission Medical And Education Society,
(Symboiosis 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.
2. Rajasthan Nursing Council, Through Its Registrar, B 39, Sardar Patel Marg, C Scheme, Jaipur(Rajasthan).
3. Rajasthan University Of Health And Science, Through Its Registrar, Sector 18, Kumbha Marg, Pratap Nagar, Jaipur, Rajasthan.
4. Private Physiotherapy, Nursing And Para Medical Institutions Society, Having Office Address At Plot No 273, Subhash Nagar, Pal Road,Jodhpur. ----Respondents D.B. Spl. Appl. Writ No. 145/2023
State Of Rajasthan, Through Its Principal Secretary, Medical And Health Department, Government Of Rajasthan, Government Secretariat,Jaipur(Rajasthan).

¶128

	----Appellant Versus
1.	Durga Devi Memorial
	Educational Trust (R R College
	Of Nursing), 141-142, Shri
	Hanuman City, Near Sitapura
	Puliya, Tonk Road, Jaipur,
	Rajasthan Through Its

¶129

[2024:RJ-JD:10863-DB]

¶130

[SAW-11/2023]

¶131

2024:RJ-JD:10863-DB] (19 of 61) [SAW-11/2023 Managing Trustee Madan Mohan Sharma S/o Shri Ram Lal Sharma, Aged About 43 Years.
2. Rajasthan Nursing Council, Through Its Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur(Rajasthan).
3. Private Physiotherapy Nursing And Para Medical Institutions Society, Having Office Address At Plot No. 273, Subhash Nagar, Pal Road, Jodhpur, Rajasthan. ----Respondents D.B. Spl. Appl. Writ No. 146/2023
State Of Rajasthan, Through Its Principal Secretary, Medical And Health Department, Government Of Rajasthan, Secretariat, Jaipur. ----Appellant Versus
1. Savitri Devi Nursing Institute And Ors, Karni Colony, Udairamsar, Bikaner Run By Society Murli Singh Yadav Memorial Prashikshan Sansthan Udairamsar, Bikaner Through Its Secretary Kuldeep Yadav S/ o Manmohan Singh Yadav, Aged 36 Years, Resident Of Karni Coach, Udairamsar, District Bikaner(Rajasthan).
2. Rajasthan Nursing Council, Through Its Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur(Rajasthan).
3. Rajasthan University Of Health And Science, Through Its Registrar, Kumbha Marg, Pratap Nagar,Jaipur,Rajasthan.
4. Private Physiotherapy Nursing And Para Medical Institutions Society, Having Office Address At Plot No. 273, Subhash
Nagar, Pal Road, Jodhpur, Rajasthan. ----Respondents

¶132

D.B. Spl. Appl. Writ No. 147/2023

¶133

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

¶134

----Appellant

¶135

Versus

¶136

[2024:RJ-JD:10863-DB]

¶137

[SAW-11/2023]

¶138

2024:RJ-JD:10863-DB] (20 of 61) [SAW-11/2023
1. Bharatiya Educational, Cultural And Welfare Trust, (Khwaja Garib Nawaz College Of Nursing), Nh-11, Fatehpur Road, Near Sabalpura, Sikar, Rajasthan, Through Its Secretary Shri Khadim Hussain Khatri S/o Shri Mohammed Yasin Khatri, Aged About 63 Years.
2. Rajasthan Nursing Council, Through Its Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur(Rajasthan).
3. Rajasthan University Of Health And Science, Through Its Registrar, Kumbha Marg, Pratap Nagar,Jaipur,Rajasthan.
4. Private Physiotherapy Nursing And Para Medical Institutions Society, Having Office Address At Plot No 273, Subhash Nagar, Pal Road,Jodhpur Rajasthan. ----Respondents D.B. Spl. Appl. Writ No. 148/2023
State Of Rajasthan, Through The Secretary, Department Of Medical And Health(Group-3),Government Of Rajasthan,Jaipur. ----Appellant Versus
1. Maa Sharde Janhitay Seva
Sansthan, Maa Sharde Nursingh School, Gangadtalai, Banswara, Rajasthan, Through Its President Shri Rajendra Kumar Tailor S/o Shri Tola
Chand,Aged About 54 Years.
2. Rajasthan Nursing Council,
Through Its Registrar, B 39,
Sardar Patel Marg, C Scheme,
Jaipur(Rajasthan).
3. Private Physiotherapy, Nursing And Para Medical Institutions Society, Having Office Address At Plot No 273, Subhash Nagar, Pal Road,Jodhpur,Rajasthan.
4. Rajasthan Private Nursingh School And College Federation, Through Its Chairman, 357, Laxmi Nagar, Paota B Road, Jodhpur,Rajasthan - 342001 ----Respondents

¶139

D.B. Spl. Appl. Writ No. 149/2023

¶140

State Of Rajasthan, Through Its Principal Secretary, Medical And Health Department, Government Of Rajasthan, Government

¶141

(21 of 61)

¶142

[2024:RJ-JD:10863-DB]

¶143

[SAW-11/2023]

¶144

Secretariat, Jaipur (Rajasthan).

¶145

	----Appellant Versus
1.	Shri Matsaya Jan Kalyan Samiti, Salauda Turn, Gangapur City, Sawai Madhopur, Rajasthan Through Its Secretary Shree Arjun Lal S/o Shri Kalu Ram, Aged About 76 Years.
2.	Rajasthan Nursing Council, Through Its Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur(Rajasthan).
3.	Rajasthan University Of Health
	And Science, Through Its Registrar, Kumbha Marg, Pratap Nagar,Jaipur,Rajasthan.
4.	Private Physiotherapy Nursing And Para Medical Institutions Society, Through Its Secretary, Having Office Address At Plot No. 273, Subhash Nagar, Pal Road,Jodhpur,Rajasthan. ----Respondents

¶146

D.B. Spl. Appl. Writ No. 152/2023

¶147

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

¶148

	----Appellant Versus
1.	Khwaja Garib Nawaz College Of Nursing, Near Sabalpura, Fatehpur Road, Nh-11, Sikar,
	Rajasthan, Through Its
	Chairman Shri Khadim Hussain
	Khatri S/o Shri Mohammed
	Yasin Khatri, Aged About 63 Years.
2.	Rajasthan Nursing Council,
	Through Its Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur(Rajasthan).
3.	Rajasthan University Of Health
	And Science, Through Its
	Registrar, Kumbha Marg, Pratap Nagar,Jaipur,Rajasthan.
4.	Private Physiotherapy Nursing
	And Para Medical Institutions Society, Branch Office Jodhpur, Through Its Secretary, Plot No 273, Subhash Nagar, Pal Road, Jodhpur,Rajasthan.

¶149

[2024:RJ-JD:10863-DB]

[SAW-11/2023]

(22 of 61)

----Respondents

D.B. Spl. Appl. Writ No. 153/2023

¶154

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

¶155

----Appellant Versus
1. Mahatma Gandhi B.sc. Nursing College, Bh-11, Pura Ki Dhani, Post- Sabalpura, Sikar, Rajasthan Through Its Director Shri Dalu Ram S/o Shri Hadu Ram,Aged About 55 Years.
2. Rajasthan Nursing Council, Through Its Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur(Rajasthan).
3. Rajasthan University Of Health And Science, Through Its Registrar, Kumbha Marg, Pratap Nagar,Jaipur,Rajasthan.
4. Private Physiotherapy, Nursing And Para Medical Institutions Society Having Office Address At Plot No. 273, Subhash Nagar, Pal Road, Jodhpur Rajasthan. ----Respondents D.B. Spl. Appl. Writ No. 156/2023
State Of Rajasthan, Through The Secretary, Department Of Medical And Health, Government Of Rajasthan, Government Secretariat,Jaipur. ----Appellant Versus
1. 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.
2. Rajasthan Nursing Council, Through Its Registrar, B 39, Sardar Patel Marg, C Scheme, Jaipur(Rajasthan).
3. Rajasthan University Of Health And Science, Through Its Registrar, Kumbha Marg, Pratap Nagar,Jaipur,Rajasthan.
4. Private Physiotherapy, Nursing And Para Medical Institutions Society, Having Office Address At Plot No 273,Subhash Nagar,

¶156

----Respondents

¶157

(23 of 61)

¶158

[2024:RJ-JD:10863-DB]

¶159

[SAW-11/2023]

¶160

Pal Road, Jodhpur Rajasthan.

¶161

----Respondents

¶162

D.B. Spl. Appl. Writ No. 159/2023

¶163

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

¶164

----Appellant

¶165

Versus
1. Shri Bajrang B.sc Nursing
College, Deeg, Bharatpur, Under The Management Of Shri
Bajrang Vidhyalay Samiti, Deeg, Bharatpur Through Its
Secretary Mahesh Chand
Sharma S/o Sh. Parsadi Lal
Sharma, Aged About 58 Years, Resident Of Bhuda Gate Deeg,
Bharatpur,Rajasthan.
2. Rajasthan Nuringh Council,
Through Its Registrar, B-39,
Sardar Patel Marg, C-Scheme, Jaipur(Rajasthan).
3. Rajasthan University Of Health And Science, Through Its
Registrar, Kumbha Marg, Pratap Nagar,Jaipur,Rajasthan.
4. Rajasthan Private Nursing
School College Federation, Lal
Kothi, Jaipur Through Its
President.
5. Private Physiotherapy Nursing And Para Medical Institutions
Society, Branch Office Jodhpur Through Its Secretary, Plot No. 273, Subhash Nagar, Pal Road, Jodhpur,Rajasthan. ----Respondents
D.B. Spl. Appl. Writ No. 161/2023
State Of Rajasthan, Through Its Principal Secretary, Medical And Health Department, Government Of Rajasthan, Government Secretariat,Jaipur(Rajasthan).

¶166

	Versus	----Appellant
1.	M.b. Health	And Hygiene
	Nursing Shiks	han Sansthan,
	(M.b. College	Of Nursing),
	Dungarpur	Through Its
	Secretary Shr	i Kapil Anand
	Kalal S/o Shri	Poonam Chand
	Kalal, Aged Abo	ut 41 Years, R/o
	Shastri Colony	, Badal Mahal
	Road, Dungarp Rajasthan.	ur - 314001 -

¶167

[2024:RJ-JD:10863-DB]

¶168

[SAW-11/2023]

¶169

2024:RJ-JD:10863-DB] (24 of 61) [SAW-11/2023
2. Rajasthan Nursing Council, Through Its Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur(Rajasthan).
3. Rajasthan University Of Health And Science, Through Its Registrar Kumbha Marg Pratap Nagar Jaipur Rajsthan
4. Private Physiotherapy Nursing And Para Medical Institutions Society, Having Office Address At Plot No 273 Subhash Nagar Pal Road,Jodhpur Rajasthan.
5. Rajasthan Private Nursing
Schools And Colleges
Federation Through Its
, Chairman 357 Laxmi Nagar
Paota B Road Jodhpur
Rajasthan ----Respondents D.B. Spl. Appl. Writ No. 169/2023
State Of Rajasthan, Through Its Principal Secretary, Medical And Health Department, Government Of Rajasthan, Government Secretariat,Jaipur(Rajasthan). ----Appellant Versus
1. Rukmani Devi Memorial
Nursing School, Under The
Management Of Rukmani Devi
Memorial Society, Sarkari
Hospital Ke Samne, Chirawa
District Jhunjhunu (Raj.)
Through Its Chairman Manish Dhankar S/o Sh. Sumer Singh
Dhankar, Aged About 43 Years, Resident Of Sarkari Hospital Ke
Samne, Chirawa District Jhunjhunu(Raj.).
2. Rajasthan Nursing Council,
Through Its Registrar, B-39,
Sardar Patel Marg, C-Scheme, Jaipur(Rajasthan).
3. Rajasthan Private Nursing
School And College Federation,
Lal Kothi, Jaipur Through Its President.
4. Private Physiotherapy Nursing And Para Medical Institutions
Society, Having Office Address
At Plot No. 273, Subhash
Nagar Pal Road Jodhpur
, , Rajasthan.

----Respondents

----Appellant

----Respondents

D.B. Spl. Appl. Writ No. 187/2023

¶174

(25 of 61)

¶175

[2024:RJ-JD:10863-DB]

¶176

[SAW-11/2023]

¶177

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

¶178

----Appellant Versus
1. Khwaja Garib Nawaz College Of Nursing, Near Sabalpura, Fatehpur Road, Nh-11, Sikar, Rajasthan Through Its Chairman Shri Khadim Hussain Khatri S/o Shri Mohammed Yasin Khatri, Aged About 63 Years.
2. Rajasthan Nursing Council, Through Its Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur(Rajasthan).
3. Rajasthan University Of Health And Science, Through Its Registrar, Kumbha Marg, Pratap Nagar,Jaipur,Rajasthan.
4. Private Physiotherapy, Nursing And Para Medical Institutions Society Having Office Address
At Plot No. 273, Subhash
Nagar, Pal Road, Jodhpur
Rajasthan. ----Respondents D.B. Spl. Appl. Writ No. 188/2023
The State Of Rajasthan, Through Its Secretary, Medical And Health Department Government Of Rajasthan, Government Secretariat,Jaipur(Rajasthan). ----Appellant Versus
1. Ridhi Sidhi Education And
Research Society, A 343
Saraswati Nagar Jodhpur, Its
Secretary Ashok Bishnoi S/o
Malkan Singh, Age-34 Years, Resident Of 5, Ratanada Extension Scheme,Jodhpur.
2. Rajasthan Nursing Council, Through Its Registrar B 39 Sardar Patel Marg C Scheme Jaipur
3. Rajasthan University Of Health And Science, Through Its Registrar Kumbha Marg Pratap Nagar Jaipur
4. Rajasthan Private Nursing
School And College Federation,
Through Its Chairman 357
Laxmi Nagar Paota B Road
Jodhpur Raj

¶179

----Respondents

¶180

[2024:RJ-JD:10863-DB]

[SAW-11/2023]

(26 of 61)

----Respondents

D.B. Spl. Appl. Writ No. 196/2023

¶185

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

¶186

	----Appellant Versus
1.	R R College Of Nursing, 141 142 Shri Hanuman City Near Sitapuriya Pulia Tonk Road Jaipur Through Its Principal Sh
	Rajkumar Gill S/o Hanuman Sahai Shatma, Aged About 39 Years.
2.	Rajasthan Nursing Council,
	Through Its Registrar B 39 Sardar Patel Marg C Scheme Jaipur Rajasthan
3.	Rajasthan University Of Health
	And Science, Through Its Registrar Kumbha Marg Pratap Nagar Jaipur Rajsthan
4.	Private Physiotherapy Nursing And Para Medical Institutions Society, Having Office Address At Plot No 273 Subhash Nagar Pal Road Jodhpur Rajasthan

¶187

----Respondents

¶188

D.B. Spl. Appl. Writ No. 197/2023

¶189

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

¶190

	----Appellant Versus
1.	Murali Yadav Memorial Nursing Institute, Karni Coach
	Udairamsar Bikaner Being Run By Society Murali Singh Yadav Memorial Prashikshan
	Sansthan, Udairamsar, Bikaner
	Through Its President Kuldeep Yadav S/o Manmohan Singh
	Yadav, Aged 36 Years, Resident
	Of Karni Coach, Udairamsar, District Bikaner.
2.	Rajasthan Nursing Council,
	Through Its Registrar B 39
	Sardar Patel Marg C Scheme Jaipur Rajasthan
3.	Rajasthan University Of Health
	And Science, Through Its Registrar Kumbha Marg Pratap Nagar Jaipur Rajsthan

¶191

[2024:RJ-JD:10863-DB]

¶192

[SAW-11/2023]

¶193

(27 of 61)

¶194

4. Private Physiotherapy Nursing And Para Medical Institutions Society, Branch Office Jodhpur Through Its Secretary Plot No 273 Subhash Nagar Pal Road Jodhpur Rajasthan ----Respondents D.B. Spl. Appl. Writ No. 201/2023 The State Of Rajasthan, Through Its Principal Secretary, Medical And Health Department, Government Of Rajasthan, Government Secretariat,Jaipur(Rajasthan). ----Appellant Versus
1. Times College Of Nursing, Hanumangarh Town, Hanumangarh, Rajasthan Through Its Parental Body Times Educational Society, Hanumangarh Town, Hanumangarh, Through Its Secretary Gopal Kishan Laddh S/o Sh. Bhagirathmal Laddh,
Aged About 53 Years, Resident Of 184, Punjabi Mohalla, Hanumangarh Town(Raj.).
2. Rajasthan Nursing Council, Through Its Registrar B 39 Sardar Patel Marg C Scheme Jaipur Rajasthan
3. Rajasthan University Of Health And Science, Through Its Registrar Kumbha Marg Pratap Nagar Jaipur Rajsthan
4. Rajasthan Private Nursing School College Federation, Lal Kothi Jaipur Through Its President
5. Private Physiotherapy Nursing And Para Medical Institutions Society, Branch Office Jodhpur Through Its Secretary Plot No 273 Subhash Nagar Pal Road Jodhpur Rajasthan
6. The Social Justice And Empowerment Department, Through It Secretary Secretariat Jaipur Rajasthan ----Respondents

¶195

D.B. Spl. Appl. Writ No. 202/2023

¶196

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

¶197

----Appellant

¶198

[2024:RJ-JD:10863-DB]

¶199

[SAW-11/2023]

¶200

(28 of 61)

¶201

Versus
1. Maa Jijabai College Of Nursing, Under The Management Of Maa Jijabai Shikshan Sansthan, Through Its Chairman Sunil Sharma S/o Girdhari Lal Sharma, Aged About 43 Years R/o Ward No. 8, Railway Station Road, Chomu, District Jaipur.
2. Rajasthan Nursing Council, Through Its Registrar B 39 Sardar Patel Marg C Scheme Jaipur Rajasthan
3. Rajasthan University Of Health And Science, Through Its Registrar Kumbha Marg Pratap Nagar Jaipur Rajsthan
4. Rajasthan Private Nursing
School College Federation, Lal Kothi Jaipur Through Its President
5. Private Physiotherapy Nursing And Para Medical Institutions Society, Branch Office Jodhpur Through Its Secretary Plot No 273 Subhash Nagar Pal Road, Jodhpur Rajasthan. ----Respondents D.B. Spl. Appl. Writ No. 206/2023
State Of Rajasthan, Through Its Principal Secretary Medical And Health Department Government Of Rajasthan Government Secretariat Jaipur Rajasthan ----Appellant Versus
1. Geetanjali College Of Nursing, Borawar Tehsil Makrana District
Nagaur Rajasthan Under The Management Of Geetanjali Shikshan Sansthan, Through Its Secretary Lal Mohammed Khan S/o Saraj Ahmed, Aged About 53 Years.
2. Rajasthan Nursing Council,
Through Its Registrar B 39 Sardar Patel Marg C Scheme Jaipur Rajasthan
3. Rajasthan University Of Health And Science, Through Its Registrar Kumbha Marg Pratap Nagar Jaipur Rajsthan
4. Private Physiotherapy Nursing And Para Medical Institutions Society,HavingOffice Address

----Respondents

----Appellant

(29 of 61)

[2024:RJ-JD:10863-DB]

¶206

[SAW-11/2023]

¶207

At Plot No 273 Subhash Nagar Pal Road Jodhpur Rajasthan

¶208

----Respondents

¶209

D.B. Spl. Appl. Writ No. 207/2023

¶210

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

¶211

----Appellant

¶212

	Versus
1.	Shri Matsaya Jan Kalyan Samiti, Salauda Turn Gangapur City Sawai Madhopur
	Rajasthan,through Its
	Secretary Arjun Lal S/o Kalu Ram,Aged About 76 Years.
2.	Rajasthan Nursing Council,
	Through Its Registrar B 39 Sardar Patel Marg C Scheme Jaipur Rajasthan
3.	Rajasthan University Of Health
	And Science, Through Its Registrar Kumbha Marg Pratap Nagar Jaipur Rajsthan
4.	Private Physiotherapy Nursing
	And Para Medical Institutions
	Society, Through Having Office
	Address At Plot No 273
	Subhash Nagar Pal Road Jodhpur Rajasthan ----Respondents

¶213

D.B. Spl. Appl. Writ No. 209/2023

¶214

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

¶215

	----Appellant Versus
1.	Times College Of Nursing, Hanumangarh Town, Hanumangarh, Rajasthan
	Through Its Parental Body
	Times Educational Society,
	Hanumangarh Town,
	Hanumangarh, Through Its
	Secretary Gopal Kishan Laddh
	S/o Sh Bhagirathmal Laddh,
	Aged About 53 Years, Resident Of 184, Punjabi Mohalla, Hanumangarh Town, (Raj.).
2.	Rajasthan Nursing Council,
	Through Its Registrar B 39
	Sardar Patel Marg C Scheme Jaipur Rajasthan
3.	Rajasthan UniversityOf Health

¶216

[2024:RJ-JD:10863-DB]

¶217

[SAW-11/2023]

¶218

(30 of 61)

¶219

	And Science, Through Its Registrar Kumbha Marg Pratap Nagar Jaipur Rajsthan
4.	Rajasthan Private Nursing School College Federation, Lal Kothi Jaipur Through Its President
5.	Private Physiotherapy Nursing And Para Medical Institutions Society, Branch Office Jodhpur Through Its Secretary Plot No 273 Subhash Nagar Pal Road, Jodhpur,Rajasthan.

¶220

----Respondents

¶221

D.B. Spl. Appl. Writ No. 210/2023

¶222

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

¶223

----Appellant Versus
1. Skill Development Trust, (Maharaja Agrasen College Of Nursing) Suratgarh District Sriganganagar Rajasthan
Through Its Secretary Sh Naveen Khemka S/o Govind Ram Khemka, Aged About 37 Years.
2. Rajasthan Nursing Council,
Through Its Registrar B 39
Sardar Patel Marg C Scheme Jaipur Rajasthan
3. Rajasthan University Of Health And Science, Through Its
Registrar Kumbha Marg Pratap Nagar Jaipur Rajsthan
4. Private Physiotherapy Nursing And Para Medical Institutions Society, Branch Office Jodhpur Through Its Secretary Plot No 273 Subhash Nagar Pal Road, Jodhpur,Rajasthan. ----Respondents
D.B. Spl. Appl. Writ No. 218/2023
State Of Rajasthan, Through The Secretary Department Of
Medical And Health Government Of Rajasthan Government Secretariat Jaipur ----Appellant Versus
1. Maa Jijabai College Of Nursing, Under The Management Of Maa
Jijabai Shikshan Sansthan,
Through Its Chairman Sunil

¶224

[2024:RJ-JD:10863-DB]

¶225

[SAW-11/2023]

¶226

2024:RJ-JD:10863-DB] (31 of 61) [SAW-11/2023 Sharma S/o Girdhari Lal Sharma, Aged About 43 Years, Resident Of Ward 8, Railway Station Road, Chomu, District Jaipur.
2. Rajasthan Nursing Council, Through Its Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur(Rajasthan)
3. Rajasthan University Of Health
And Science, Through Its Registrar, Kumbha Marg Pratap Nagar,Jaipur,Rajasthan.
4. Rajasthan Private Nursing
School College Federation, Lal
Kothi, Jaipur Through Its
President.
5. Private Physiotherapy, Nursing And Para Medical Institutions
Society Having Office Address At Plot No. 273, Subhash
Nagar, Pal Road, Jodhpur
Rajasthan. ----Respondents D.B. Spl. Appl. Writ No. 228/2023
State Of Rajasthan, Through Its Principal Secretary, Medical And Health Department, Government Of Rajasthan, Government Secretariat,Jaipur. ----Appellant
Versus
1. Ambika Vikas Sansthan
(Ambika School Of Nursing), B- 22, Saraswati Nagar, Bassni
Jodhpur Rajasthan Through Its
Authorized Secretary Deepak
Shrivastav S/o Shri S.p.
Shrivastav Aged About 65
, Years.
2. Rajasthan Nursing Council,
Through Its Registrar, B-39 Sardar Patel Marg, C-Scheme, Jaipur.
3. Rajasthan University Of Health And Science, Through Its Registrar, Kumbha Marg, Pratap Nagar,Jaipur,Rajasthan.
4. Private Physiotherapy Nursing And Para Medical Institutions Society, Having Office Address
At Plot No 273, Subhash Nagar, Pal Road,Jodhpur Rajasthan.

¶227

----Respondents

¶228

D.B. Spl. Appl. Writ No. 235/2023

¶229

(32 of 61)

¶230

[2024:RJ-JD:10863-DB]

¶231

[SAW-11/2023]

¶232

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

¶233

----Appellant Versus
1. Ambika Vikas Sansthan, (Ambika School Of Nursing), B 22 Saraswati Nagar, Bassni, Jodhpur Rajasthan Through Its
Authorized Secretary Deepak
Shrivastav S/o Shri S.p. Shrivastav, Aged About 65 Years.
2. Rajasthan Nursing Council,
Through Its Registrar, B 39, Sardar Patel Marg, C Scheme, Jaipur(Rajasthan).
3. Rajasthan University Of Health And Science, Through Its Registrar, Kumbha Marg, Pratap Nagar,Jaipur,Rajasthan.
4. Private Physiotherapy Nursing And Para Medical Institutions,
Office Jodhpur Through Its
Secretary, Plot No 273,
Subhash Nagar, Pal Road,
Jodhpur,Rajasthan.. ----Respondents D.B. Spl. Appl. Writ No. 236/2023
State Of Rajasthan, Through Its Principal Secretary, Medical And Health Department, Government Of Rajasthan, Government Secretariat,Jaipur(Rajasthan). ----Appellant Versus
1. Mahatma Gandhi Seva
Sansthan, Rajasthan, Lawan,
Dausa, Rajasthan, Through Its
Representative Shri Jitendra Kumar S/o Shri Govind
Narayan,Aged About 47 Years.
2. Rajasthan Nursing Council,
Through Its Registrar, B 39,
Sardar Patel Marg, C Scheme, Jaipur(Rajasthan).
3. Rajasthan University Of Health
And Science, Through Its Registrar, Kumbha Marg, Pratap Nagar,Jaipur,Rajasthan.
4. Rajasthan Private Nursing
Schools And Colleges
Federation, Through Its
Chaiman, 357, Laxmi Nagar,
Paota B Road, Jodhpur,
Rajasthan 342001.

¶234

[2024:RJ-JD:10863-DB]

[SAW-11/2023]

(33 of 61)

----Respondents

D.B. Spl. Appl. Writ No. 241/2023

¶239

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

¶240

	----Appellant Versus
1.	Mahatma Gandhi B.sc. Nursing College, Nh 11 Pura Ki Dhani Post Sabalpura Sikar Rajasthan Through Its Director Shri Dalu
	Ram S/o Hadu Ram, Aged About 55 Years.
2.	Rajasthan Nursing Council,
	Through Its Registrar B 39
	Sardar Patel Marg C Scheme Jaipur Rajasthan
3.	Rajasthan University Of Health
	And Science, Through Its Registrar Kumbha Marg Pratap Nagar Jaipur Rajsthan
4.	Private Physiotherapy Nursing And Para Medical Institutions Society, Branch Office Jodhpur
	Through Its Secretary, Plot No 273, Subhash Nagar, Pal Road, Jodhpur Rajasthan

¶241

----Respondents

¶242

D.B. Spl. Appl. Writ No. 242/2023 State Of Rajasthan, Through Its Principal Secretary, Medical And Health Department, Government Of Rajasthan, Government Secretariat, Jaipur (Rajasthan).

¶243

	----Appellant Versus
1.	Agrani Society For Education
	And Development, (G.l. Saini Memorial Institute Of Nursing)
	57 Gopal Nagar, Gopalpura Bypass, Jaipur, Rajasthan,
	Through Its President Dr
	Pramod Pal S/o Yashpal Yash, Aged About 40 Years.
2.	Rajasthan Nursing Council,
	Through Its Registrar B 39
	Sardar Patel Marg C Scheme Jaipur Rajasthan
3.	Private Physiotherapy Nursing And Para Medical Institutions Society, Having Office Address At Plot No 273, Subhash Nagar, Pal Road,Jodhpur Rajasthan. ----Respondents

¶244

(34 of 61)

¶245

[2024:RJ-JD:10863-DB]

¶246

[SAW-11/2023]

¶247

D.B. Spl. Appl. Writ No. 243/2023

¶248

The State Of Rajasthan, Through The Se4Cretary, Department Of Medical And Health, Government Of Rajasthan, Government Secretariat, Jaipur.

¶249

----Appellant

¶250

Versus
1. Raj Jindal Hospital And
Research Center Pvt. Ltd., S.p. Mukherjee Nagar, Bharatpura Rajasthan, Through Its Director Lokesh Jindal S/o P.r. Jindal, Aged About 51 Years, R/o 61-A,
Ranjeet Nagar, Bharatpur
(Raj.).
2. Rajasthan Nursing Council,
Through Its Registrar, B-39,
Sardar Patel Marg, C-Scheme,
Jaipur,Rajasthan.
3. Rajasthan University Of Health
And Science, Through Its Registrar, Kumbha Marg, Pratap Nagar,Jaipur,Rajasthan.
4. Rajasthan Private Nursingh
School College Federation, Lal
Kothi, Jaipur, Through Its
President.
5. Private Physiotherapy Nursingh
And Para Medical Institutions
Society, Having Office Address
Plot No 273, Subhash Nagar, Pal Road,Jodhpur,Rajasthan. ----Respondents D.B. Spl. Appl. Writ No. 244/2023
State Of Rajasthan, Through Its Principal Secretary, Department Of Medical And Health, Government Of Rajasthan, Government Secretariat,Jaipur(Rajasthan). ----Appellant
Versus
1. Mahatma Gandhi Seva
Sansthan, Rajasthan, Lawan,
Dausa, Rajasthan, Through Its
Representative Shri Jitendra
Kumar S/o Shri Govind
Narayan,Aged About 47 Years.
2. Rajasthan Nursing Council,
Through Its Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur,Rajasthan.
3. Rajasthan University Of Health And Science, Through Its Registrar, Kumbha Marg, Pratap Nagar,Jaipur,Rajasthan.
4. Rajasthan Private Nursing

¶251

----Respondents

¶252

[2024:RJ-JD:10863-DB]

¶253

[SAW-11/2023]

¶254

(35 of 61)

¶255

School College Federation, Through Its Chairman, 357 Laxmi Nagar, Paota B Road, Jodhpur, Rajasthan.

¶256

----Respondents

¶257

D.B. Spl. Appl. Writ No. 247/2023

¶258

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

¶259

----Appellant

¶260

	Versus
1.	Gayatri Vidhyapeeth (Shree Ram College Of Nursing), 45- 48 Vivek Vihar, Post Kanota,
	Jaipur, Rajasthan Through Its
	Representative Shri Rishi
	Sharma S/o Shri Damodar Sharma,Aged About 36 Years.
2.	Rajasthan Nursing Council,
	Through Its Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur(Rajasthan).
3.	Rajasthan University Of Health
	And Science, Through Its
	Registrar, Kumbha Marg, Pratap Nagar,Jaipur,Rajasthan.
4.	Private Physiotherapy Nursing And Para Medical Institutions
	Society, Through Its Secretary,
	Plot No. 273, Subhash Nagar, Pal Road,Jodhpur,Rajasthan.

¶261

----Respondents

¶262

D.B. Spl. Appl. Writ No. 248/2023

¶263

State Of Rajasthan, Through Principal Secretary, Medical And Health Department (Group-3), Government Of Rajasthan, Govt. Secretariat Jaipur Rajasthan.

¶264

----Appellant

¶265

	Versus
1.	Shri Balaji Education Society (Shri Balaji Nursing College), Opposite Government School, Kalsi, District Sikar, Rajasthan Through Its President Dr Raees Khan S/o Shri Abdul Rasheed Khan,Aged About 46 Years.
2.	Rajasthan Nursing Council,
	Through Its Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur Rajasthan.
3.	Rajasthan University Of Health
	And Science, Through Its Registrar, Kumbha Marg, Pratap Nagar,Jaipur Rajasthan.

¶266

[2024:RJ-JD:10863-DB]

¶267

[SAW-11/2023]

¶268

2024:RJ-JD:10863-DB] (36 of 61) [SAW-11/2023
4. Private Physiotherapy, Nursing And Para Medical Institutions Society, Branch Office Jodhpur Through Its Secretary, Plot No. 273, Subhash Nagar, Pal Road, Jodhpur Rajasthan. ----Respondents
D.B. Spl. Appl. Writ No. 249/2023
1. The State Of Rajasthan, Through Its Principal Secretary, Medical And Health Department, Government Of Rajasthan, Government Secretariat,Jaipur.
2. Deputy Secretary, Medical And Health Department (Group-Iii),
Government Of Rajasthan, Jaipur,Rajasthan. ----Appellants Versus
1. Raj Shree College Of Nursing, Ajitgarh Road, Amarpura, Shahpura, Jaipur, Rajasthan Through Its Director Shri Dilip
Kumar Pareek S/o Late Shri Rajendra Prasad Pareek, Aged About 37 Years.
2. Rajasthan Nursing Council,
Through Its Registrar, B-39,
Sardar Patel Marg, C-Scheme, Jaipur(Rajasthan).
3. Rajasthan University Of Health
And Science, Through Its Registrar, Kumbha Marg, Pratap
Nagar,Jaipur,Rajasthan.
4. Rajasthan Private Nursing
Schools And Colleges
Federation, Through Its Chairman, 357, Laxmi Nagar,
Paota B Road, Jodhpur, Rajasthan 342001. ----Respondents
D.B. Spl. Appl. Writ No. 250/2023
State Of Rajasthan, Through Its Principal Secretary, Medical And Health, Government Of Rajasthan, Government Secretariat, Jaipur(Rajasthan). ----Appellant
Versus
1. Ramayan Shikshan Sansthan
(Pink City College Of Nursing),
59-60, Green Colony, Moti
Nagar, Queens Road, Jaipur
Through Its President Shri

¶269

[SAW-11/2023]

¶270

[2024:RJ-JD:10863-DB] (37 of 61) [SAW-11/2023
Shyam Sunder Ramawat S/o Shri Raja Ram Ramawat Aged About 55 Years.
2. Joint Secretary (Group-3)
Medical And Health
Department, Government Of Rajasthan, Government Secretariat,Jaipur,Rajasthan.
3. Rajasthan Nursing Council, Through Its Registrar, B-39,
Sardar Patel Marg, C-Scheme, Jaipur,Rajasthan.
4. Rajasthan University Of Health
And Science, Through Its
Registrar, Kumbha Marg, Pratap Nagar,Jaipur,Rajasthan.
5. Private Physiotherapy Nursing And Para Medical Institutions Society, Having Office Address At Plot No 273, Subhash Nagar, Pal Road,Jodhpur Rajasthan. ----Respondents D.B. Spl. Appl. Writ No. 258/2023
State Of Rajasthan, Through Its Principal Secretary Department Of Medical And Health, Government Of Rajasthan Government Secretariat Jaipur Rajasthan ----Appellant Versus
1. Shri Balaji Shikshan Sansthan,
C/o 205, Subhash Nagar
Bhilwara, Rajasthan Through
Its President Shree Pramod
Tiwari S/o Gopal Lal Tiwari, Aged About 37 Years.
2. Rajasthan Nursing Council,
Through Its Registrar B 39
Sardar Patel Marg C Scheme Jaipur Rajasthan
3. Rajasthan University Of Health And Science, Through Its
Registrar Kumbha Marg Pratap Nagar Jaipur Rajsthan
4. Private Physiotherapy Nursing And Para Medical Institutions
Society, Having Office Address At Plot No 273 Subhash Nagar Pal Road Jodhpur Rajasthan ----Respondents
D.B. Spl. Appl. Writ No. 269/2023
1. State Of Rajasthan, Through Its
Principal Secretary, Medical And Health Department
, Government Of Rajasthan,

¶271

[2024:RJ-JD:10863-DB]

¶272

[SAW-11/2023]

¶273

(38 of 61)

¶274

Government Secretariat,Jaipur.
2. Joint Secretary (Group-3),
Medical And Health Department, Government Of Rajasthan, Government Secretariat,Jaipur(Rajasthan). ----Appellants Versus
1. Annpurna Medical Training
(College Of Nursing) Sikar, Jaipur Road Sikar 332001, Rajasthan Through Its
Secretary Shri Om Prakash Sharma S/o Shri Partu Ram,
Aged About 55 Years.
2. Rajasthan Nursing Council, Through Its Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur(Rajasthan).
3. Rajasthan University Of Health And Science, Through Its Registrar, Kumbha Marg, Pratap Nagar,Jaipur,Rajasthan.
4. Private Physiotherapy, Nursing And Para Medical Institutions Society, Having Office Address At Plot No 273, Subhash Nagar, Pal Road,Jodhpur,Rajasthan. ----Respondents D.B. Spl. Appl. Writ No. 277/2023
State Of Rajasthan, Through The Secretary, Department Of Medical And Health, Government Of Rajasthan, Government Secretariat Jaipur. ----Appellant Versus
1. Geetanjali College Of Nursing,
Borawar, Nagaur, Under The Management Of Geetanjali Shikshan Sansthan, Borawar,
Tehsil Makrana, District Nagaur (Raj.), Through Its Secretary l hd h h
La Moamme Kan S/o S.
Saraj Ahmed Aged About 53
, Years, Deshwali Mohalla,
Boarawar, Tehsil Makrana,
District Nagaur(Raj.).
2. Rajasthan Nursing Council,
Through Its Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur, (Rajasthan).
3. Rajasthan Private Nursing
School College Fedaration, Lal
Kothi, Jaipur Through Its President.

¶275

[2024:RJ-JD:10863-DB]

¶276

[SAW-11/2023]

¶277

(39 of 61)

¶278

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

¶279

----Respondents

¶280

D.B. Spl. Appl. Writ No. 279/2023

¶281

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

¶282

----Appellant

¶283

	Versus
1.	Chaudhary Kanaram Dhaka Memorial Sansthan, (Ckrd
	Memorial School Of Nursing), Dhigal, Nawalgarh Road, Tehsil Nawalgarh, District Jhunjhunu, Rajasthan, Through Its
	Representative Shri Faruk
	Sayed S/o Shri Sadik Sayed, Aged About 37 Years.
2.	Rajasthan Nursing Council,
	Through Its Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur(Rajasthan)
3.	Private Physiotherapy, Nursing And Para Medical Institutions Society, Having Office Address
	At Plot No. 273, Subhash
	Nagar, Pal Road, Jodhpur, Rajasthan.

¶284

----Respondents

¶285

D.B. Spl. Appl. Writ No. 284/2023

¶286

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

¶287

----Appellant

¶288

	Versus
1.	Shekhawati Medical Training Institute College Of Nursing, Narayana Ka Baas Laxmangarh, Sikar, Rajasthan, Through Its Secretary Shri Sunil Kumar S/o Shri Bhanwar Lal, Aged About 39 Years.
2.	Rajasthan Nursing Council,
	Through Its Registrar, B 39, Sardar Patel Marg, C Scheme, Jaipur(Rajasthan).
3.	Rajasthan University Of Health
	And Science, Through Its Registrar, Kumbha Marg, Pratap Nagar,Jaipur,Rajasthan.

¶289

[2024:RJ-JD:10863-DB]

¶290

[SAW-11/2023]

¶291

(40 of 61)

¶292

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

¶293

----Respondents

¶294

D.B. Spl. Appl. Writ No. 285/2023

¶295

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

¶296

----Appellant

¶297

Versus
1. Raghukul Reasearch And
Technical Institute, R/o
Raghukul Model Town-A, Malviya Nagar, Jagatpura Road, District Jaipur, Rajathan Through Its President Nagendra Singh S/o V.s. Shekhawat, Aged About 48 Years.
2. Rajasthan Nursing Council, Through Its Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur(Rajasthan).
3. Rajasthan University Of Health And Science, Through Its Registrar, Kumbha Marg, Pratap Nagar,Jaipur,Rajasthan.
4. Rajasthan Private Nursing School And College Federation, Through Its President, 357
Laxmi Nagar, Paota B-Road, Jodhpur. ----Respondents D.B. Spl. Appl. Writ No. 299/2023
State Of Rajasthan, Through Its Principal Secretary, Medical And Health Department, Government Of Rajasthan, Government Secretariat,Jaipur(Rajasthan). ----Appellant Versus
1. G.l. Saini Memorial College Of Nursing, 7-8, Radha Nikunj, Rampura Mod, Iskan Road
Opposite Vijay Path,
Mansarover, Jaipur, Rajasthan,
Through Its Director Pramod
Pal S/o Yashpal Yash, Aged
About 40 Years.
2. Rajasthan Nursing Council,
Through Its Registrar B 39
Sardar Patel Marg C Scheme Jaipur Rajasthan

¶298

----Respondents

¶299

[2024:RJ-JD:10863-DB]

¶300

[SAW-11/2023]

¶301

2024:RJ-JD:10863-DB]	(41 of 61) [SAW-11/2023
3.	Rajasthan University Of Health And Science, Through Its Registrar Kumbha Marg Pratap Nagar Jaipur Rajsthan
4.	Private Physiotherapy Nursing And Para Medical Institutions Society, Having Office Address At Plot No 273 Subhash Nagar Pal Road,Jodhpur Rajasthan. ----Respondents

¶302

D.B. Spl. Appl. Writ No. 310/2023

¶303

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

¶304

----Appellant Versus
1. Chaudhary Kanaram Dhaka Memorial Sansthan, (Chaudhary Kanaram Dhaka Memorial Nursing College) 5-6, Pratap Nagar, Churu Road, District Jhunjhunu, Rajasthan, Through Its Secretary Dr. Lal Chand Dhaka S/o Kana Ram
Dhaka,Aged About 52 Years.
2. Rajasthan Nursing Council, Through Its Registrar B 39 Sardar Patel Marg C Scheme Jaipur Rajasthan
3. Rajasthan University Of Health And Science, Through Its Registrar Kumbha Marg Pratap Nagar Jaipur Rajsthan
4. Private Physiotherapy Nursing And Para Medical Institutions Society, Having Office Address At Plot No 273 Subhash Nagar Pal Road Jodhpur Rajasthan. ----Respondents D.B. Spl. Appl. Writ No. 311/2023
State Of Rajasthan, Through Its Principal Secretary, Medical And Health Department, Government Of Rajasthan, Government Secretariat Jaipur. ----Appellant Versus
1. B.m. Education Foundation Trust, (Shekhawati Nursing Training Centre) Hari Kunj, Pilani, Jhunjhunu, Rajasthan,
Through Its Secretary Shri
Pradeep Kumar S/o Om
Prakash Sharma, Aged About 45 Years.

¶305

[2024:RJ-JD:10863-DB]

¶306

2024:RJ-JD:10863-DB] (42 of 61) [SAW-11/2023]
2. Rajasthan Nursing Council, Through Its Registrar B 39 Sardar Patel Marg C Scheme Jaipur Rajasthan
3. Rajasthan University Of Health And Science, Through Its Registrar Kumbha Marg Pratap Nagar Jaipur Rajsthan
4. Private Physiotherapy Nursing And Para Medical Institutions Society, Having Office Address At Plot No 273 Subhash Nagar Pal Road,Jodhpur Rajasthan. ----Respondents D.B. Spl. Appl. Writ No. 320/2023
State Of Rajasthan, Through Its Principal Secretary, Department Of Medical And Health, Government Of Rajasthan, Government Secretariat Jaipur(Rajasthan). ----Appellant
Versus
1. Shri Bajrang Nursing College, Bharatpur Road, Deeg,
Bharatpur, Under The
Management Of Shri Bajrang
College Pharmacy Siksha
Samiti, Deeg Bharatpur,
Through Its Secretary Suresh
Chandra Sharma S/o Sh.
Parsadi Lal Sharma, Aged
About 63 Years, Resident Of
Bhuda Gate, Deeg, Bharatpur (Raj.)
2. Rajasthan Nursing Council, Through Its Registrar B 39
Sardar Patel Marg C Scheme Jaipur Rajasthan
3. Rajasthan University Of Health And Science, Through Its Registrar Kumbha Marg Pratap Nagar Jaipur Rajasthan
4. Rajasthan Private Nursing School And Colleges Federation, Lal Kothi Jaipur Through Its President
5. Private Physiotherapy Nursing And Para Medical Institutions Society, Branch Office Jodhpur Through Its Secretary Plot No 273 Subhash Nagar Pal Road Jodhpur Rajasthan

¶307

----Respondents

¶308

D.B. Spl. Appl. Writ No. 331/2023

¶309

State Of Rajasthan, Through Its Principal Secretary, Medical And Health Department, Government Of Rajasthan, Government

¶310

[2024:RJ-JD:10863-DB]

¶311

[SAW-11/2023]

¶312

(43 of 61)

¶313

Secretariat,Jaipur(Rajasthan). ----Appellant Versus
1. Choudhary Kana Ram Dhaka Memorial Nursing College, Vpo Dhingal, Jaipur Highway, Jhunjhunu, (Rajasthan), Through Its Representative Sh Faruk Sayed S/o Sadik Sayed, Aged About 37 Years.
2. Rajasthan Nursing Council, Through Its Registrar, B 39, Sardar Patel Marg, C Scheme, Jaipur(Rajasthan).
3. Rajasthan University Of Health And Science, Through Its Registrar, Kumbha Marg, Pratap Nagar,Jaipur,Rajasthan.
4. Private Physiotherapy Nursing And Para Medical Institutions Society, Branch Office Jodhpur Through Its Secretary, Plot No 273, Subhash Nagar, Pal Road, Jodhpur,Rajasthan. ----Respondents D.B. Spl. Appl. Writ No. 335/2023
State Of Rajasthan, Through Its Principal Secretary, Medical And Health Department, Government Of Rajasthan, Government Secretariat,Jaipur(Rajasthan). ----Appellant Versus
1. St. Wilfred Nursing College, Near Balaji Temple, Gegal Road, Ajmer, (Raj.) Parent Society St. Wilfred Education Society, Sector 10, Mansarover, Jaipur, Through Its Secretary Dr Keshav Badaya S/o Mahesh Kumar Badaya, Aged About 46 Resident Of A-4, Rajbhawan Road,Civil Lines,Jaipur(Raj.)
2. Rajasthan Nursing Council,
Through Its Registrar B 39 Sardar Patel Marg C Scheme Jaipur Rajasthan
3. Rajasthan University Of Health And Science, Through Its Registrar Kumbha Marg Pratap Nagar Jaipur Rajsthan
4. Rajasthan Private Nursing
School College Federation, Lal Kothi Jaipur Through Its President

----Appellant

----Respondents

----Appellant

[2024:RJ-JD:10863-DB]

¶318

[2024:RJ-JD:10863-DB] (44 of 61) [SAW-11/2023] 5. Private Physiotherapy Nursing And Para Medical Institutions Society, Branch Office Jodhpur Through Its Secretary Plot No 273 Subhash Nagar Pal Road, Jodhpur, Rajasthan.

¶319

----Respondents

¶320

D.B. Spl. Appl. Writ No. 342/2023

¶321

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

¶322

----Appellant

¶323

	Versus
1.	Mahatma Gandhi B.sc. Nursing College, Nh 11 Pura Ki Dhani
	Post Sabalpura Sikar Raj
	Through Irs Director Sh Dalu
	Ram S/o Hadu Ram, Aged About 55 Years.
2.	Rajasthan Nursing Council,
	Through Its Registrar B 39
	Sardar Patel Marg C Scheme Jaipur Rajasthan
3.	Rajasthan University Of Health
	And Seience, Through Its Registrar Kumbha Pratap Nagar Jaipur Rajasthan
4.	Private Physiotherapy Nursing And Para Medical Institutions Society, Having Office Address At Plot No 273 Subhash Nagar Pal Road Jodhpur Rajasthan

¶324

----Respondents

¶325

D.B. Spl. Appl. Writ No. 343/2023 State Of Rajasthan, Through Its Principal Secretary, Medical And Health Department, Government Of Rajasthan, Government Secretariat, Jaipur.

¶326

	----Appellant Versus
1.	Murli Singh Yadav B.sc Nursing
	College, Karni Colony
	Udairamsar Bikaner Being Run By Society Murali Singh Yadav Memorial Prashikshan Sansthan
	Udairamsar, Bikaner Through
	Its President Kuldeep Yadav S/
	o Manmohan Singh Yadav,
	Aged About 36 Years, Resident
	Of Karni Coach, Udairamsar, District Bikaner.
2.	Rajasthan Nursing Council,
	Through Its Registrar B 39
	Sardar Patel MargC Scheme

¶327

(45 of 61)

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	Jaipur Rajasthan
3.	Rajasthan University Of Health And Science, Through Its Registrar Kumbha Marg Pratap Nagar Jaipur Rajsthan
4.	Private Physiotherapy Nursing And Para Medical Institutions Society, Having Office Address At Plot No 273 Subhash Nagar Pal Road,Jodhpur Rajasthan.
	----Respondents

¶331

D.B. Spl. Appl. Writ No. 391/2023

¶332

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

¶333

----Appellant

¶334

Versus
1. Skg Memorial Nursing Institute, Khasra No 438, Jhalamand, Jodhpur Being Run By Society Shubh Educaation And Welfare Society, First Residency Road, Jodhpur Through Its Principal Mana Ram S/o Shri Mohan Ram, Aged 38 Years, Resident Of Bhagwanpura,Nagaur.
2. Rajasthan Nursing Council, Through Its Registrar, B-39, Sardar Patel Marg, C-Scheme Jaipur(Rajasthan).
3. Rajasthan University Of Health And Science, Through Its Registrar, Kumbha Marg, Pratap Nagar,Jaipur,Rajasthan.
4. Rajasthan Private Nursing
School College Federation, Lalkothi, Jaipur Through Its President. ----Respondents
D.B. Spl. Appl. Writ No. 394/2023
The State Of Rajasthan, Through Its Principal Secretary, Department Of Medical And Health, Government Of Rajasthan, Government Secretariat,Jaipur(Rajasthan). ----Appellant Versus
1. Raghukul Research And Technical Institute, R/o Raghukul Model Town A, Malviya Nagar, Jagatpura Road, District Jaipur, Rajasthan Through Its President Nagendra Singh S/o V.s. Shekhawat, Aged About 48 Years.

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[SAW-11/2023]

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2024:RJ-JD:10863-DB] (46 of 61) [SAW-11/2023
2. Rajasthan Nursing Council, Through Its Registrar, B 39, Sardar Patel Marg, C Scheme, Jaipur(Rajasthan).
3. Rajasthan University Of Health And Science, Through Its Registrar, Kumbha Marg, Pratap Nagar,Jaipur,Rajasthan.
4. Rajasthan Private Nursing School And College Federation, Through Its President, 357 Laxmi Nagar, Paota B Road, Jodhpur. ----Respondents D.B. Spl. Appl. Writ No. 395/2023
State Of Rajasthan, Through Its Principal Secretary, Medical And Health Department, Government Of Rajasthan, Government Secretariat,Jaipur(Rajasthan). ----Appellant Versus
1. Shri Matsaya Jan Kalyan
Samiti, Salauda Turn, Gangapur City, Sawai Madhopur, Rajasthan, Through Its Secretary Shree Arjun Lal S O Shri Kalu Ram, Aged About 76 Years.
2. Rajasthan Nursing Council, Through Its Registrar, B 39, Sardar Patel Marg, C Scheme, Jaipur, (Rajasthan).
3. Rajasthan University Of Health And Science, Through Its Registrar, Kumbha Marg, Pratap Nagar,Jaipur,Rajasthan.
4. Private Physiotherapy Nursing And Para Medical Institutions Society, Through Its Secretary, Having Office Address At Plot No 273, Subhash Nagar, Pal Road,Jodhpur,Rajasthan. ----Respondents
D.B. Spl. Appl. Writ No. 396/2023
1. State Of Rajasthan, Through Its Principal Secretary, Medical And Health Department, Government Of Rajasthan, Government Secretariat, Jaipur (Rajasthan).
2. Joint Secretary (Group 3),
Medical And Health
Department, Government Of Rajasthan Government
, Secretariat,Jaipur(Rajasthan).

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	----Appellants Versus
1.	Anupama Medical Prashikshan Sansthan, Jeevan Nagar, Sikar, Rajasthan, Through Its Secretary Shree Rajendra Modi
	S/o Shri Bhanwat Lal Modi, Aged About 58 Years.
2.	Rajasthan Nursing Council,
	Through Its Registrar, B 39, Sardar Patel Marg, C Scheme, Jaipur(Rajasthan).
3.	Rajasthan University Of Health
	And Science, Through Its Registrar, Kumbha Marg, Pratap Nagar,Jaipur,Rajasthan.
4.	Private Physiotherapy Nursing And Para Medical Institutions Society, Having Office Address At Plot No 273, Subhash Nagar, Pal Road,Jodhpur,Rajasthan. ----Respondents

¶342

For Appellant(s)	:	Dr. Praveen Khandelwal, Additional Advocate General.
For Respondent(s)	:	Mr. Vikas Balia, Senior Advocate assisted by Mr. D.S. Sodha, Mr. Ankur Mathur, Ms. Shrestha Mathur. Mr. Harshvardhan Thanvi Dr. Akalovya Bhansali through VC. Mr. Shreyansh Mardia through VC. Ms. Nilansha Singhvi Mr. Sangram Singh Mr. Mohit Singhvi Mr. Mahendra Vishnoi Mr. D.S. Sodha Mr. S.K. Shreemali for Mr. B.S.Sandhu.

¶343

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI HON'BLE MR. JUSTICE MUNNURI LAXMAN

Judgment

Reportable

01/03/2024

Per Dr. Pushpendra Singh Bhati, J:

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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 D.B. Special Appeal No.11/2023, while treating the same as a lead case; rival submissions of the parties and the observations of the Court, in the present judgment, would also be based, particularly, on the factual matrix of the lead case.

¶352

The prayer clauses read as under:-

¶353

“It is, therefore, respectfully prayed that this special appeal may kindly be allowed and the impugned order passed by learned Single Judge dated 04.11.2022 allowing the writ petition preferred by the respondent/writ-petitioner may kindly be quashed and set aside and the writ petition preferred by the respondent/writ-petitioner may kindly be dismissed.

¶354

Any other order, which this Hon’ble Court deems fit and proper in the facts and circumstances of the case, may kindly be passed in favour of appellants.”

¶355

As the pleaded facts would reveal, the Union Legislature had

¶356

enacted the Indian Nursing Council Act, 1947 with the object to constitute a Central Council for determination of the standards of the education in nursing institutions, whereafter, the Nursing Council framed the Indian Nursing Council (Revised Regulations and Curriculum for B.Sc Nursing Program), Regulations, 2020 (hereafter referred to as ‘Regulations of 2020’) on 05.07.2021, prescribing a condition that the concerned institution(s)/college(s), so as to become eligible to establish the Nursing Institution/College, should have their own hundred bedded parent hospital(s).

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3.1. The State of Rajasthan enacted the Rajasthan Nursing MidWives Health Visitor and Auxiliary Mid-Wives Registration Act, 1964 and constituted the Rajasthan Nursing Council.

¶361

The bone of contention in the present case is that the State Government issued an order dated 07.06.2022 introducing a policy, wherein a condition was imposed that the Nursing Institution/College sought to be established by the organization/institution, shall have a hundred bedded own hospital of the organization/institution itself. A No Objection Certificate (NOC) is also required to be obtained for the new nursing institution/college or enhancement of seats in the existing institution/college, and the pre-requisite for such NOC is that they need to fall under the policy dated 07.06.2022.

¶362

4.1. Subsequently, the appellant-State’s policy dated 07.06.2022 was challenged by filing a writ petition before this Hon’ble Court by the respondent-Institution, and the learned Single Judge of this Hon’ble Court vide impugned order dated 04.11.2022 allowed the writ petition and quashed the condition of 100 bedded own hospital by the Nursing Institutions/Colleges enumerated in the policy order dated 07.06.2022.

¶363

Dr. Praveen Khandelwal Additional Advocate General on behalf of the appellant-State submits that the condition of hundred bedded own hospital in Policy dated 07.06.2022 has been formulated to curtail the mushroom growth of Nursing Institutions and the entire purpose of the said policy is only to prevent establishment of fake nursing institutions, but the learned Single

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Judge of this Hon’ble Court did not take into due consideration the said aspect of the matter.

¶368

5.1. Learned AAG also submits that the condition in question is for keeping the check on growth of fake institutions that are unable to maintain the required standards of Nursing education in the State. It was further submitted that when an element of public interest is involved in an administrative decision or policy of the State, then the Court may refrain itself to make interference in such policy decisions, and therefore, on that count alone, the impugned order is not justified in law.

¶369

5.2. Learned AAG further submits that it is clear that no prescription or condition has been laid down by the State which adversely affects the minimum standards laid down by the Indian Nursing Council (INC), and therefore, the condition of 100 bedded own hospital ensures requisite standards for the organization concerned to run Nursing Institutions/Colleges, and therefore, the quashment of the said condition by the learned Single Judge is not permissible in law.

¶370

5.3 Learned AAG also submits that the appellant-State incorporated the condition in question by way of policy dated 07.06.2022 in the State of Rajasthan, so as to maintain education standard in Nursing Institutions/Colleges. Therefore, on that count also, the impugned order passed by the learned Single Judge is not justified in law.

¶371

On the other hand, learned Senior Counsel as well as other counsel appearing on the behalf of the respondents- Nursing Institutions, while opposing the aforesaid submissions made on

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behalf of the appellant-State, submits that the Nursing institutions/Colleges are having all required infrastructure and other facilities as per the guidelines of the Indian Nursing Council for the purpose of grant of NOC as well as establishment and running of the institution.

¶376

6.1. Learned counsel further submits that some institutions have also submitted an application for enhancement of the seats in the institutions, and despite their having a proper infrastructure and other facilities, the appellant-State has not granted them the requisite NOC because of the condition of 100 bedded own hospital mentioned in the policy order dated 07.06.2022 issued by the appellant-State.

¶377

6.2. Learned counsel also submits that the condition of 100 bedded own hospital is violative of the eligibility condition laid down by the Indian Nursing Council, and once the condition has been laid down by a Body of the Union, then the State Government has no domain to supersede the said eligibility criteria,

¶378

6.3 Learned counsel further submits that aforesaid condition shall clearly have an adverse impact upon the uniform education standards so required in the Nursing Institutions/Colleges of the Country. Therefore, imposition of the condition of 100 bedded own hospital by way of policy dated 07.06.2022 is contrary to Article 246 of the Constitution of India. Thus, on that count alone, the impugned order passed by learned Single Judge is justified in law. 6.4. Learned counsel also submits that the guidelines laid down from time to time by the Central Body i.e. Indian Nursing Council

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are holding the field of nursing education, therefore, condition imposed by the State Government is not justified in the eye of law and same was quashed by the learned Single Judge.

¶383

6.5. In support of such submissions, learned counsel relied upon the judgment rendered by the Hon’ble Apex Court in case of State of T.N. & Ors. Vs Adhiyaman Educational & Research Institution & Ors., (1995) 4 SCC 104 .

¶384

Heard learned counsel of the parties as well as perused the record of the case alongwith the judgment cited at the Bar. 8. This Court observes that for establishing new nursing institution or enhancement of the seats in the existing nursing institutions, the concerned organization is required to obtain an NOC from the State/State Body i.e. Rajasthan Nursing Council. The appellant-State issued the policy dated 07.06.2022 imposing a condition of 100 bedded own hospital for the purpose in question, which is a clear contravention of the Regulations of 2020 enacted by the Central Legislature.

¶385

This Court further observes that the condition of 100 bedded own hospital provided under the policy dated 07.06.2022 was challenged before the learned Single Judge of this Hon’ble Court, and the learned Single Judge vide the impugned order quashed the said condition.

¶386

9.1. This Court also observes that the learned Single Judge in the impugned order framed a question for adjudication, which is reproduced as hereunder:-

¶387

“Whether the State Government can impose a condition of having 100 bedded own hospital to get “No Objection

¶388

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Certificate” for establishment of the Nursing Colleges/enhancement of the seats in such Colleges ?”

¶392

This Court further observes that the condition of 100 bedded own hospital in policy dated 07.06.2022 is reproduced hereunder:-

¶393

“(A) futh {ks= esa uohu uflZax Ldwy@dkWyst [kksyus gsrq uhfr ,oa izfØ;k%& • ,sls futh fo'ofo|ky; tks efMdy dkWyst lapkfyr dj jgs gSa ;k ,slh s laLFkk,sa tks esfMdy dkWyst lapkfyr dj jgh gSa vFkok ,slh laLFkk,sa tks Lo;a dk 100 cSM la[;k dk gkWLihVy lapkfyr dj jgh laLFkkvksa dks ekU;rk gsrq vkosnu djuk gksxkA ”

¶394

This Court also observes that the condition of 100 bedded parent/own hospital as provided under the Regulations of 2020 enacted by the Central Body i.e Indian Nursing Council, reads as under:-

¶395

“1. Parent Hospital (Unitary/Single Hospital)

¶396

College of Nursing should have 100 bedded parent/own hospital which is compulsory requirement.

¶397

Parent Hospital for a nursing institution having the same Trust/Society/Company which has established the nursing institution and has also established the hospital.

¶398

¶399

For a nursing institution (managed by Trust/Society/Company under Section 8), a ‘Parent Hospital’ would be a hospital either owned and controlled by the Trust/Society/Company or managed and controlled by a trustee/member/director of the Trust/Society/Company. In case the owner of the hospital is a trustee/member/director of the Trust/Society/Company, then the hospital would continue to function as a ‘Parent Hospital’ till the life of the nursing institution.

¶400

The undertaking would also be to the effect that the trustee/member/director of the Trust/Society/Company

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would not allow the hospital to be treated ‘Parent/Affiliated Hospital/ to any other nursing institution and will be for minimum 30 years (i.e. signed by all trustees/members/directors of Trust/ Society/Company) to the Undertaking to be submitted from the trustee/member/director of the Trust/Society/ Company.

¶405

The beds of Parent hospital shall be in one Unitary Hospital i.e. in same building/same campus. Further, the Parent Hospital shall be in the same State i.e. where the institution is located.

¶406

a) It is to be noted that once a particular hospital is shown as “Parent Hospital” and permission given to the nursing institution to conduct nursing courses, then, the permission/suitability granted would last as long as the said hospital is attached as a “Parent Hospital”.

¶407

b) In case the trustee/member/director of the Trust/Society/ Company withdraws the Undertaking given, in that case even the permission/suitability letter issued would be deemed to have lapsed/stand withdrawn with immediate effect.”

¶408

This Court further observes that Article 246 of the Constitution of India pertains to “Subject-matter of laws made by parliament and by the Legislatures of the State” ; the said Article confers power for making the laws as per Entry 66 of Union List in Seventh Schedule of the Constitution of India, which pertains to “ Co-ordination and determination of standards in institutions for higher education or research and scientific and technical institutions.” . This Court also observes the Central Legislature had enacted the Indian Nursing Council Act, 1947, and as per the power conferred by Section 16 of the said Act, the Regulations of 2020 were enacted, wherein the condition of 100 bedded parent/own hospital has been incorporated.

¶409

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12.1. This Court further observes that the learned Single Judge held in the impugned order that the policy order dated 07.06.2020 passed by the State Government is an administrative order and it was passed without exercise of the power conferred under Entry 25 of the Concurrent List of the Seventh Schedule of the Constitution of India. Therefore, the condition of 100 bedded own hospital in policy order dated 07.06.2022 which has changed the criteria, has not been added as a supplementary condition, as rightly observed by the learned Single Judge in the impugned order.

¶413

12.2. This Court also observes that even the policy dated 07.06.2022 was introduced in accordance with Entry 25 of Concurrent List of the Seventh Schedule in the Constitution of India, and it was in repugnance with the Law enacted by the Central Legislature, and thus, the law enacted by the State Legislature on the subject is not having an overriding effect.

¶414

This Court is keeping into consideration the judgments rendered by the Hon’ble Apex Court in cases of State of T.N & Ors Vs Adhiyaman Education & Research Institute & Ors (Supra) , and Preeti Srivastava & Ors. Vs State of Madhya Pradesh & Ors. (1999) 7 SCC 120. Relevant portions of the said judgments are reproduced as hereunder:

¶415

Adhiyaman Education & Research Institution & Ors (Supra) :

¶416

“ 43. What emerges from the above discussion is as follows:

¶417

[1] The expression "coordination" used in Entry 66 of the Union List of the Seventh Schedule to the Constitution does not

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merely mean evaluation. It means harmonisation with a view to forge a uniform pattern for a concerted action according to a certain design, scheme or plan of development. It, therefore, includes action not only for removal of disparities in standards but also for preventing the occurrence of such disparities. It would, therefore, also include power to do all things which are necessary to prevent what would make "coordination" either impossible or difficult. This power is absolute and unconditional and in the absence of any valid compelling reasons, it must be given its full effect according to its plain and express intention. [ii] To the extent that the State legislation is in conflict with the Central legislation though the former is purported to have been made under Entry 25 of the Concurrent List but in effect encroaches upon legislation including subordinate legislation made by the center under Entry 25 of the Concurrent List or to give effect to Entry 66 of the Union List, it would be void and inoperative.

¶422

[iii] If there is a conflict between the two legislations, unless the State legislation is saved by the provisions of the main part of Clause [2] of Article 254, the State legislation being repugnant to the Central legislation, the same would be inoperative.

¶423

[iv] Whether the State law encroaches upon Entry 66 of the Union List or is repugnant to the law made by the center under Entry 25 of the Concurrent List, will have to be determined by the examination of the two laws and will depend upon the facts of each case.

¶424

[v] When there are more applicants than the available situations/seats, the State authority is not prevented from laying down higher standards or qualifications than those laid down by the center or the Central authority to short-list the applicants. When the State authority does so, it does not encroach upon Entry 66 of the Union List or make a law which is repugnant to the Central law.

¶425

[vi] However, when the situations/ seats are available and the State authorities deny an applicant the same on the ground that the applicant is not qualified according to its standards or qualifications, as the case may be, although the applicant satisfies the standards or qualifications laid down by the Central law, they act unconstitutionally. So also when the State

¶426

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authorities derecognise or disaffiliate an institution for not satisfying the standards or requirement laid down by them, although it satisfied the norms and requirements laid down by the central authority, the State authorities act illegally. ”

¶430

Preeti Srivastava & Ors. (supra) :-

¶431

“ 35. The legislative competence of Parliament and the legislatures of the States to make laws under Article 246 is regulated by the VIIth Schedule to the Constitution. In the VIIth Schedule as originally in force, Entry 11 of List II gave to the State an exclusive power to legislate on

¶432

“education including universities, subject to the provisions of Entries 63, 64, 65 and 66 of List I and Entry 25 of List III”.

¶433

Entry 11 of List II was deleted and Entry 25 of List III was amended with effect from 3-1-1976 as a result of the Constitution 42nd Amendment Act of 1976. The present Entry 25 in the Concurrent List is as follows:

¶434

“25. Education, including technical education, medical education and universities, subject to the provisions of Entries 63, 64, 65 and 66 of List I; vocational and technical training of labour.”

¶435

Entry 25 is subject, inter alia, to Entry 66 of List I. Entry 66 of List I is as follows:

¶436

“66. Coordination and determination of standards in institutions for higher education or research and scientific and technical institutions.”

¶437

Both the Union as well as the States have the power to legislate on education including medical education, subject, inter alia, to Entry 66 of List I which deals with laying down standards in institutions for higher education or research and scientific and technical institutions as also coordination of such standards. A State has, therefore, the right to control education including medical education so long as the field is not occupied by any Union legislation. Secondly, the State cannot, while controlling education in the State, impinge on standards in institutions for higher education. Because this is exclusively

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within the purview of the Union Government. Therefore, while prescribing the criteria for admission to the institutions for higher education including higher medical education, the State cannot adversely affect the standards laid down by the Union of India under Entry 66 of List I. Secondly, while considering the cases on the subject it is also necessary to remember that from 1977, education, including, inter alia, medical and university education, is now in the Concurrent List so that the Union can legislate on admission criteria also. If it does so, the State will not be able to legislate in this field, except as provided in Article 254.”

¶442

This Court further observes that both the Union Government and State Government has a duty to maintain the high standards of education in every field, particularly, in the field of medical education. The Union Government in the Regulations of 2020 prescribed the condition of 100 bedded parent/own hospital for every Nursing Institutions/Colleges in the country and it is uniformly applicable to all Nursing Institutions/Colleges in the country, which shows uniformity in the standards of medical education in the entire country.

¶443

14.1. This Court also observes that the State Government imposed the condition of 100 bedded own hospital in policy dated 07.06.2022, which is not a supplementary condition, and it is overreach of the Union Government’s existing condition on the subject. This Court further observes that if the condition in question imposed by the State Government is allowed to continue, then it would amount to a clear discrimination between the Nursing Institutions/Colleges of the State of the Rajasthan and

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Nursing Institution/Colleges of the other States of the country, which is not permissible in law.

¶448

This Court further observes that the State Government has sufficient power to regulate the Nursing Institutions/ Colleges in the State and as observed by the learned Single Judge in the impugned order, the State Government has got ample power to order stoppage/closure of the ineligible nursing institutions/colleges, who are being run without following the procedure prescribed in law.

¶449

This Court also observes that the various eligible Nursing Institutions/Colleges who are completely following all the guidelines as well as conditions prescribed under the law, cannot be deprived of grant of NOC for establishment of new institution or enhancement of seats in the existing institutions, on count of the condition in question pertaining to 100 bedded own hospital as introduced by the State Government vide policy order dated 07.06.2022.

¶450

This Court further observes that the Union Government policy already in vogue has an existing condition in the Regulation of 2020 wherein the Nursing Institutions/Colleges were required to have 100 bedded parent/own hospital whereas the only difference the State wanted to carve out was to restrict the Nursing Institutions/Colleges to only have 100 bedded own hospital. However, the same is not of any consequence because the proviso in the Regulations of 2020 envisages that the parent hospital for Nursing institution has to have the same Trust/Society/Company which has established the nursing institution and has also

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established the hospital OR a parent hospital would be a hospital either own and controlled by the Trust/Society/Company or managed and controlled by a trustee/member/director of the Trust/Society/Company.

¶455

17.1 This Court also observes that the clinching part of the Regulations of 2020 is that the parent hospital shall not be allowed to be treated as Parent/Affiliated Hospital to any other nursing institution and shall enjoy the status of parent hospital for a minimum 30 years and thus the sanctity of a single hundred bedded hospital dedicated to a nursing institution is maintained. Further the Regulations of 2020 made it clear that the hospital infrastructure has to be at the same location where the nursing institution exists.

¶456

17.2 This Court further observes that there is no justifiable reason of the condition in question as mentioned in policy dated 07.06.2022 in view of the fact that the Union Government introduced the condition of 100 bedded parent/own hospital mentioned in the Regulations of 2020, for grant of NOC for establishment of new Nursing Institutions/Colleges or enhancement of the seats in existing institution(s) which takes care of the quality of education to be imparted.

¶457

This Court also observes that the learned Single Judge in the impugned order has taken into due consideration all the relevant aspects of the case as also the precedent laws governing the field. 19. In light of the aforesaid observations and looking into the overall factual matrix of the present case, this Court does not find

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it a fit case so as to grant any relief to the appellant in the present appeals.

¶462