Shri Matsaya Jan Kalyan Samiti vs State Of Rajasthan
2022 Latest Caselaw 8859 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 9341/2022

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.

----Petitioner Versus

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


For Petitioner(s)         :     Mr. Ankur Mathur
For Respondent(s)         :     Mr. Manish Vyas, AAG



            HON'BLE MR. JUSTICE VIJAY BISHNOI

                          Judgment / Order

06/07/2022

The present writ petition has been filed with the averments

that the petitioner institution was inspected by the Committee of

RNC and inspection report has been forwarded to the State

Government but no decision regarding issuance of No objection

certificate has been taken by the State Government.

Mr. Manish Vyas, learned Additional Advocate General

submits that the matter pertains to grant of No Objection

(2 of 3) [CW-9341/2022]

Certificate to the petitioner institution is pending consideration

with the State Government on account of introduction of new

policy introduced by the State Government on 07.06.2022. He

further submits that because of introduction of new policy, the

State Government would require some more time to decide the

issue with regard to grant of NOC to the petitioner institution.

Issue notice.

Mr. Manish Vyas, learned Advocate General is directed to

accept the notice on behalf of respondent No.1.

Mr. Sangram Singh, Advocate is directed to accept the

noticeon behalf of respondent No.2- RNC.

Issue notice to respondents No.3 & 4 only, returnable on

18.07.2022. Let copies of the writ petitions be supplied to the

learned counsel for the respondents No.1 & 2 during the course of

the day. Since, the matter with regard to grant of No Objection

Certificate to the petitioner Institution is pending consideration

with the State Government since long and the counseling process

for the academic session 2021-22 is going on and for some

courses i.e. B.Sc./MLT/B.Sc. Nursing/ GNM/ Post Basic B.Sc.

Nursing, the counseling has been completed, therefore, in the

circumstances, this court considers it appropriate that the

petitioner institution be provisionally allowed to participate in the

counseling process undertaken by the respondent Federation for

the academic session 2021-22 for B.Sc./MLT/B.Sc. Nursing/

GNM/Post Basic B.Sc. Nursing. Accordingly, it is directed that in

those matters where the inspection has been made by the

committee of the RNC and the recommendations have been made

for the issuance of No Objection Certificate, the respondents

would permit the institutes/ Colleges to participate in the

(3 of 3) [CW-9341/2022]

counseling programme with the intake of capacity as permissible

in terms of law. Further, it is made clear that the institution would

specifically clarify on its website that the said admissions are

provisional and the students would take admission on their own

peril. Considering the fact that interim orders were passed

on24.05.2022 or a later date, the affiliation fees was returned by

the University only because of the fact that the date of counseling

has come to an end. Now, as the order has been passed today and

the last date of counseling is over, it is expected from the

University that the same would not be repeated again and the

affiliation fee would be accepted. The petitioner Institution would

be allowed to participate in the counseling being conducted by the

respondent Federation by extending the date of counseling

appropriately for said the purpose. It is made crystal clear that all

the above directions would remain subject to the final NOC being

granted by the State. Connect with S.B.Civil Writ Petition

No.8791/2022.

(VIJAY BISHNOI),J

212-AjaySingh/-

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