Rajasthan High Court - Jodhpur
Achal Shikshan Sansthan (Achal Nursing ... vs State Of Rajasthan (2025:Rj-Jd:2526) on 15 January, 2025
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2025:RJ-JD:2526]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 626/2023
Achal Shikshan Sansthan (Achal Nursing College), Gudamalani,
Barmer Through Its Chairman Sh. Achala Ram Choudhary, Aged
About 40 Years.
----Petitioner
Versus
1. State Of Rajasthan, Through Its Principal Secretary
Medical And Health Department Government Of
Rajasthan, Secretariat, Jaipur.
2. Rajasthan University Of Health Sciences, Through Its
Registrar, Kumbha Marg, C-Scheme, Jaipur.
3. Rajasthan Nursing Council, Through Its Registrar, B-39,
Sardar Patel Marg, C-Scheme, Jaipur.
4. Rajasthan Private Nursing School & College Federation,
357 Laxmi Nagar Paota B Road, Jodhpur, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Ramdeen Choudhary
For Respondent(s) : Mr. N.S. Rajpurohit, AAG assisted by
Ms. Ruchi Parihar
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order 15/01/2025
1. By way of present writ petition, the petitioner has challenged the order dated 16.09.2022, whereby the petitioner's application for conducting/establishing B.Sc. nursing course has been turned down.
2. Mr. Choudhary, learned counsel for the petitioner submitted that the Co-ordinate Bench of this Court vide its judgment and order dated 04.11.2022 rendered in a bunch of writ petitions, led by S.B. Civil Writ Petition No.3962/2022 (Mahatma Gandhi (Downloaded on 15/01/2025 at 09:46:13 PM) [2025:RJ-JD:2526] (2 of 3) [CW-626/2023] B.Sc. Nursing College vs. State of Rajasthan & Ors.) has held that the condition that the institution should have its own hospital of 100 beds is arbitrary. He further submitted that said judgment has been affirmed by the Division Bench of this Court vide judgment dated 01.03.2024 passed in D.B. Spl. Appl. Writ No.11/2023 and, therefore prayed that the order impugned (06.10.2022) be quashed and set aside.
3. Mr. Rajpurohit, learned Additional Advocate General for the respondent is not in a position to dispute the aforesaid position of facts and law.
4. On perusal of the order dated 16.09.2022, this Court finds that only reason given for rejection of petitioner's application for grant of permission for establishing B.Sc. nursing course, is that the petitioner-institution did not own 100 bedded hospital.
5. Indisputably, said condition has been declared illegal by Coordinate Bench in the case of Mahatma Gandhi (Supra), which stood affirmed by the Division Bench of this court.
6. In view of the aforesaid, the present writ petition is allowed, the impugned order dated 16.09.2022 is hereby quashed and set aside.
7. In this view of the matter, the petitioner-Institution is directed to file an appropriate application in accordance with the new Guidelines dated 15.10.2025, seeking permission for establishing Nursing Colleges and Schools for conducting the courses mentioned in their application, within a period of three weeks from today.
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[2025:RJ-JD:2526] (3 of 3) [CW-626/2023] In case such application is filed by the petitioner-Institution, it is expected that the respondents shall consider and decide the same and pass appropriate order, preferably within a period of two months from the date of submission of the application after conducting necessary inspection subject to the condition that the petitioner-Institution has completed all the other requisite formalities.
8. Needless to observe that while deciding the petitioner's application, respondent-State shall not insist upon the condition of having own hospital with 100 beds.
9. Stay application also stands disposed of accordingly.
(VINIT KUMAR MATHUR),J 33-/Arun Pandey/-
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