HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Spl. Appl. Writ No. 11/2023 State Of Rajasthan, Through The Secretary, Department Of Medical And Health (Group-3), Government Of Rajasthan, Jaipur.
----Appellant Versus 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.
----Respondent
For Appellant(s) : Mr. Sandeep Shah, AAG with
Ms. Akshiti Singhvi
For Respondent(s) :
HON'BLE MR. JUSTICE VIJAY BISHNOI
HON'BLE MR. JUSTICE MADAN GOPAL VYAS Judgment / Order 06/01/2023 Learned counsel for the petitioner-State has submitted that the respondent-society has challenged the condition imposed by the State Government vide order dated 07.06.2022 to the effect that only those institutions, who owned 100 beds hospital are eligible for establishment of Nursing Colleges and Para Medical Courses.
It is further submitted that the learned Single Judge has allowed the writ petitions while holding that the condition so imposed by the State Government is not in conformity with the minimum qualification prescribed by the Indian Nursing Council (Revised Regulations and Curriculum for B.Sc. Nursing Program), Regulations 2020 (for short 'the Regulations of 2020'). (Downloaded on 06/01/2023 at 09:49:58 PM)
(2 of 2) [SAW-11/2023] It is argued that vide Regulations of 2020, the Indian Nursing Council has provided minimum qualification whereas it is always open for the State Government to prescribe qualification over and above the minimum qualification.
Learned counsel for the petitioner-State has placed reliance on the decision of the Hon'ble Supreme Court rendered in the cases of State of T.N. & Anr. Vs. S.V. Bratheep (Minor) & Ors. reported in (2004) 4 SCC 513, Visveswaraiah Technological University & Anr. Vs. Krishnendu Halder & Ors reported in (2011) 4 SCC 606 and in A.P.J Abdul Kalam Technological University & Anr. Vs. Jai Bharath College of Management and Engineering Technology & Ors reported in (2021) 2 SCC 564.
Issue notice to the respondent, returnable on 06.02.2023 and be given 'dasti' to learned counsel for the petitioner for service.
In the meantime, effect and operation of the impugned order dated 04.11.2022 shall remain stayed. (MADAN GOPAL VYAS),J (VIJAY BISHNOI),J Surabhii/169-
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