Rajasthan High Court
Global Institute Of Nursing vs State Of Rajasthan on 26 April, 2022
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 6246/2020
Global Institute Of Nursing, 57, Moji Colony, Malviya Nagar
Jaipur Through Its Principal Mr. Bakshi Raw Kuldeep S/o Bhura
Ram, aged about 66 years.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary Medical And
Health (Group-3) Department Government Of Rajasthan,
Secretariat, Jaipur
2. Indian Nursing Council, Through Its President, Combined
Councils Building, Kotla Road, Temple Lane, New Delhi
3. Rajasthan Nursing Council, Through Its Registrar, B-39,
Sardarpatel Marg, C-Scheme, Jaipur
4. Additional Director (Training), Medical And Health
Department, Government Of Rajasthan, Secretariat,
Jaipur
5. Rajasthan Private Nursing Schools And Colleges
Federation, Through Its Chairman, 357, Laxmi Nagr,
Paota B Road, Jodhpur, Rajasthan-342001
----Respondents
For Petitioner(s) : Mr. R.B. Mathur Sr. Adv. with
Mr. Dheeraj Kumar Palia
Mr. Arpit Dotasra
For Respondent(s) : Mr. Bharat Saini, AGC
Mr. Neeraj Batra
Ms. Anuradha Upadhyay
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
26/04/2022
Although, the matter comes up on various interim
applications filed by the respective parties; but, on the joint
request of the learned counsels, the writ petition was heard on its
merit at this stage.
(2 of 3) [CW-6246/2020]
This writ petition has been filed by the petitioner, a Nursing
College raising it grievance against the Rajasthan Nursing Council
(for brevity, "RNC") for not permitting to its students to participate
in the final year examination of GNM course for the Academic
Session 2018-19.
Learned Senior Counsel for the petitioner submits that the
RNC prevented its students from participation in the examination
on account of certain objections raised by the Indian Nursing
Council (for brevity, "INC") in its inspection carried out in the year
2012 wherein, the petitioner-institution was declared as not
recognized. He submits that such exercise was done by the INC
Pan India and the controversy stands resolved by the Hon'ble
Apex Court of India vide its order dated 04.12.2017 passed in SLP
(C) 32603/2017; Private Nursing Schools and Colleges
Management Association Vs. Indian Nursing Council & Ors.
wherein, it was held that the INC has no jurisdiction to de-
recognize an institution. He submits that a co-ordinate Bench of
this Court has, vide its order dated 18.12.2017 passed in S.B.
Civil Writ Petition No.15233/2016; Kamaksha Institute of
Nursing Vs. State of Rajasthan & Ors. and other connected
matters allowed the writ petitions holding that the INC has no
authority to grant recognition to the institution imparting Nursing
Training including GNM. Learned Senior Counsel submits that the
aforesaid order has been upheld by a Division Bench of this Court
vide its order dated 02.09.2019 passed in D.B. Spl. Appl. Writ
No.508/2018; Indian Nursing Council Vs. Kamaksha
Institute of Nursing & Ors. He, therefore, prays that the writ
petition be allowed and the respondents may be directed to
declare result of its students who have already participated GNM I
(3 of 3) [CW-6246/2020]
& II Year Examination for the Academic Session 2018-19, 2019-20
under interim order of this court and the respondents may further
be directed to permit such students to complete their course.
Learned counsels for the respondents did not dispute that
the controversy involved herein is no more res integra and stands
resolved by the judgments of the Hon'ble Apex Court of India in
case of Private Nursing Schools and Colleges Management
Association (supra) and the order of the co-ordinate Bench of
this Court in case of Kamaksha Institute of Nursing (supra)
which has been upheld by a Division Bench of this Court.
In view thereof, the writ petition is allowed. The respondents
are directed to declare result of the students of the petitioner-
institution who have already appeared in the I & II Year GNM
course under interim order of this Court forthwith and to permit
them to complete the GNM course.
The pending applications stands disposed of accordingly.
(MAHENDAR KUMAR GOYAL),J
Sudha/158
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