Aryan Shiksha Avam Prashikshan ... vs State Of Rajasthan
2022 Latest Caselaw 7072 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 5943/2022

Aryan Shiksha Avam Prashikshan Samiti, Kethoon Road, Raipura, Kota (Rajasthan), Through Its Secretary, Shri Dinesh Saini S/o Shri Jagdish Saini, Aged About 37 Years.

----Petitioner Versus

1. State Of Rajasthan, Through Its Principal Secretary, Medical And Health Department, Government Of Rajasthan, 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, Sector 18, 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 S.B. Civil Writ Petition No. 5619/2022 Cambridge College Of Nursing, Barmer, Shivkar Road, Barmer Through Chairman Joga Ram Jakhar Son Of Shri Khinya Ram, Age About 41 Years, R/o Sanawara Tehsil And District Barmer.

----Petitioner Versus

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

2. Deputy Secretary, Medical And Health Department (Group-III), Rajasthan, Secretariat, Jaipur.

3. Rajasthan Nursing Council, Through Its Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur (Rajasthan).

4. Rajasthan University Of Health Science, Through Its Registrar, Kumbha Marg, Partap Nagar, Jaipur (Rajasthan).

                                                                 ----Respondents



                                          (2 of 5)                   [CW-5943/2022]

S.B. Civil Writ Petition No. 5634/2022 Cambridge School Of Nursing, Barmer, Shivkar Road, Barmer Through Chairman Joga Ram Jakhar Son Of Shri Khinya Ram, Age About 41 Years, R/o Sanawara Tehsil And District Barmer.

----Petitioner Versus

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

2. Deputy Secretary, Medical And Health Department (Group-III), Rajasthan, Secretariat, Jaipur.

3. Rajasthan Nursing Council, Through Its Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur (Rajasthan).

----Respondents S.B. Civil Writ Petition No. 6218/2022 Ruhi Choudhary Institute Of Nursing (B.sc. Nursing), Choudhary Education Campus, Sadulpur, Dist. Churu Through President Of Ruhi Convent Education And Research Society, Sadulpur, Dist. Churu (Rajasthan) Pradeep Kumar Son Of Shri Hari Singh, Aged About 45 Years, Resident Of Kalri Tehsil Rajgarh, District Churu.

----Petitioner Versus

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

2. Deputy Secretary, Medical And Health Department (Gr-3), Government Of Rajasthan, Government Secretariat, Jaipur (Rajasthan).

3. Rajasthan Nursing Council, Through Its Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur (Rajasthan).

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

5. Rajasthan University Of Health And Sciences, Through Its Registrar, Sector 18 Kumbha Marg, Pratap Nagar, Jaipur, Rajasthan.

                                                                ----Respondents





                                       (3 of 5)                   [CW-5943/2022]

S.B. Civil Writ Petition No. 6304/2022

Rajasthan School Of Nursing, Gudha Gorji, Tehsil Udaipurwati, Jhunjhunu, Rajasthan Through Its Secretary Pyarelal S/o Shri Harphool Singh, Aged About 49 Years.

----Petitioner Versus

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

2. Deputy Secretary, Medical And Health Department (Gr-

3), Government Of Rajasthan, Government Secretariat, Jaipur (Rajasthan).

3. Rajasthan Nursing Council, Through Its Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur (Rajasthan).

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

----Respondents

S.B. Civil Writ Petition No. 6956/2022

Shri Balaji Education Society (Shri Balaji Nursing College), Oppsite Government School, Kalsi, District Sikar, Rajasthan Through Its President Dr. Raees Khan S/o Shri Abdul Rasheed Khan, Aged About 46 Years.

----Petitioner Versus

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


                                             (4 of 5)                   [CW-5943/2022]

S.B. Civil Writ Petition No. 6965/2022

Navjeevan Shikshan Sansthan (Navjeevan College Of B.sc. Nursing), Khuri Bari, Laxmangarh, Sikar, Rajasthan,through Its Secretary Shri Sunil Kumar S/o Shri Banwari Lal, Aged About 37 Years.

----Petitioner Versus

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

For Petitioner(s) : Mr. Ankur Mathur Mr. RJ Punia Mr. Vikas Bijarnia For Respondent(s) : Mr. Manish Vyas, AAG Mr. Sangram Singh

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

12/05/2022

These writ petitions have been filed by the petitioner-

institutions being aggrieved with the action of the State

Government of not issuing NOCs for establishing colleges to

conduct B.Sc.(N) and GNM Courses.

It is the case of the petitioners that regular inspections have

been done by a committee constituted by the RNC and in all the

(5 of 5) [CW-5943/2022]

cases, the RNC has recommended for issuing NOCs in favour of

the petitioner-institutions, but the State Government despite

receiving the said recommendations has not passed orders of

issuing NOCs.

Learned counsel for the respondent-State is not in a position

to dispute the fact that the inspection committee of the RNC has

recommended for issuing NOCs in favour of the petitioner-

institutions and is also not in a position to inform this court that as

to when the State Government is going to issue NOCs to the

petitioner-institutions.

Taking into consideration the above facts and circumstances

of the case, these writ petitions are disposed of with a direction to

the respondents to permit the petitioner-institutions to participate

in the on-going counselling for B.Sc.(N) and GNM Courses for the

academic session 2021-22 with intake capacity as per the

recommendations made by the inspection committee of the RNC.

The petitioner-institutions are directed to deposit due

fee/affiliation fee, if any, with the respondents within a period of

one week.

Stay petitions stand disposed of.

(VIJAY BISHNOI),J

127,129,130,133,143, 216, 217-AjaySingh/-

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