Skg Memorial Nursing Institute vs State Of Rajasthan
2023 Latest Caselaw 5891 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 9126/2023

Skg Memorial Nursing Institute, Khasra No. 438, Jhalamand, Jodhpur Being Run By Society Shubh Education And Welfare Society, First Residency Road, Jodhpur Through Its Principal Mana Ram S/o Shri Mohan Ram, Aged 38 Years, Resident Of Bhagwanpura, Nagaur.

----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. Director (Non Gazetted), Medical And Health Department, Directorate, Jaipur.

4. Rajasthan Private Nursing Schools And Colleges Federation, Jaipur, E-277, Nakul Path, Lal Kothi Yojana, Jaipur.

----Respondents S.B. Civil Writ Petition No. 9127/2023

Skg Memorial Nursing Institute, Khasra No. 438, Jhalamand, Jodhpur, Being Run By Society Shubh Education And Welfare Society, First Residency Road, Jodhpur Through Its Principal Mana Ram S/o Shri Mohan Ram, Aged 38 Years, Resident Of Bhagwanpura, Nagaur.

----Petitioner Versus

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

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

3. Rajasthan University Of Health And Science, Through Its Registrar, Kumbha Marg, Partap Nagar, Jaipur.

4. Rajasthan Private Nursing School And College Federation, 357, Laxmi Nagar, Paota B Road, Jodhpur.

                                                                              ----Respondents


For Petitioner(s)                  :     Mr. C.S. Kotwani
For Respondent(s)                  :     Ms. Vandana Bhansali, AGC
                                         Mr. Sangram Singh.
                                         Mr. Vishwas Khatri for
                                         Dr. Mohit Singhvi

(D.B. SAW/899/2023 has been filed in this matter. Please refer the same for further orders)

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Judgment

Reserved on 10/08/2023 Pronounced on 16/08/2023

1. Since both the instant petitions involve a common controversy,

though with marginal variation in the contextual facts, therefore,

the same have been heard together and are being decided by this

common judgment.

1.1. For the purposes of the present analogous adjudication, the

facts and the prayer clauses are being taken from the above-

numbered S.B. Civil Writ Petition No.9126/2023, while treating the

same as a lead case.

1.2. The prayer clauses read as under:

"It is, therefore, respectfully prayed that this writ petition may kindly be allowed and by an appropriate writ, order or direction:-

(i) The record of the case may kindly be called for;

(ii) The impugned order dated 9.6.2023 (Annex.17) may kindly be ordered to be quashed and set aside;

(iii) The respondents may kindly be directed to grant NOC to the petitioner Institution immediately for GNM course so as to permit the humble petitioner institution to admit the students in ensuing session of 2022-23 and onwards;

(iv) The respondents may further be directed to permit the humble petitioner institution to admit the students in all ensuing sessions and they may be permitted to fill up the forms of exam and other formalities for the students so admitted;

(v) Cost of litigation and damages may also be allowed in favour of the petitioner.

(vi) Any other appropriate writ or order or direction which is favorable to the petitioner in the facts and

(D.B. SAW/899/2023 has been filed in this matter. Please refer the same for further orders)

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circumstances of the case may kindly be granted to the petitioner."

2. Brief facts of the case, as placed before this Court by learned

counsel for the petitioner, are that the petitioner-Institution is

running the GNM Course with intake capacity of 60 seats. The

respondents have prepared a policy for the Nursing College(s)

with 100 bedded parent/own hospital. Thereafter, the said policy

was challenged before this Hon'ble Court in S.B.C.W.P

No.8806/2022 (SKG Memorial Nursing Institute Vs. State of

Rajasthan & Ors.) & other connected petitions, wherein vide order

dated 04.11.2022, this Hon'ble Court had quashed the condition of

100 bedded parent/own hospital; the said judgment was

challenged before the Division Bench of this Hon'ble Court by

preferring D.B.SAW/216/2022 (Rajasthan University of Health and

Science Vs. Mahatma Gandhi B.Sc. Nursing College), which is still

pending.

2.1 The respondents vide order 25.11.2022 issued a direction for

inspection of the institution for the purpose of enhancement of the

seats, wherefor an inspection team was constituted. The Office of

Chief Medical & Health Officer has issued a verification certificate

while holding the bed capacity of the parent hospital for the

petitioner-Institution; thereafter aggrieved by the said action, the

petitioner has preferred a writ petition bearing S.B.C.W.P. No.

379/2023 (SKG Memorial Nursing Institute Vs. State of Rajasthan

& Ors.) before this Hon'ble Court; this Hon'ble Court vide order

27.04.2023, allowed the said petition, directed the respondents to

take a considered decision for conducting fresh counselling for the

(D.B. SAW/899/2023 has been filed in this matter. Please refer the same for further orders)

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vacant seats equitable between the institutions therein, which

succeed in the process of grant of NOC.

2.2 Subsequently, the respondents vide the impugned order

09.06.2023 rejected the petitioner's application for grant of NOC

pertaining to GNM course on the ground on non-fulfillment of

certain conditions, as per the policy guidelines issued by the State

Government.

3. Learned counsel for the petitioner submitted that the

impugned order was passed by the respondents while treating the

Shubh Education and Welfare Society, and Goyal Hospital and

Research Center Pvt. Ltd. as different entities but they both are

the same entities as well as same constitution, members etc.

3.1 Learned counsel further submitted that the petitioner has

earlier been granted the NOC for the intake capacity of 60

students while considering both the aforementioned institutions as

the same entities, and thus, the NOC, now cannot be denied by

the respondents.

3.2. Learned counsel also submitted that the petitioner has duly

complied with all the necessary guidelines issued by the

respondents and the scrutiny committee has also recommended

the petitioner-Institution for grant of the NOC in question.

Therefore, the impugned action of the respondents is highly illegal

and not sustainable in the eye of law.

4. On the other hand, learned counsel appearing on behalf of

the respondents, while opposing the aforesaid submissions made

on behalf of the petitioner, submitted that in the aforementioned

writ petition no. 379/2023, the Hon'ble Court vide order dated

(D.B. SAW/899/2023 has been filed in this matter. Please refer the same for further orders)

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27.04.2023 observed that if the petitioner fulfills the condition of

own 100 bedded hospital criteria as well as other eligibility criteria

for grant of NOC, then the respondents shall grant the NOC in

question.

4.1. It was also submitted that the respondents conducted the

inspection of the petitioner-Institution as per the guidelines of the

INC as well as Department Policy dated 07.06.2022 as per which

the petitioner-Institution is running with different entities, which is

a clear violation of the condition pertaining to 100 bedded

hospital; therefore, the action of the respondents is justified in

law.

5. Heard learned counsel for the parties as well as perused the

record of the case.

6. This Court observes that the petitioner is running the GNM

Course, and that, the respondents conducted the inspection of the

petitioner-Institution in pursuance of the order dated 27.04.2023

passed by the Hon'ble Court in the aforementioned writ petition

no. 379/2023. Thereafter, the respondents vide the impugned

order 09.06.2023 rejected the application of the petitioner for

grant of NOC on the ground that the petitioner did not fulfill the

100 bedded hospital condition.

7. This Court further observes that earlier some writ petitions

(including S.B.C.W.P. No. 8806/2022) were filed by the petitioner

and other persons; the said petitions were decided on

04.11.2022; aggrieved wherefrom, the Rajasthan University Of

Health And Science filed a Special Appeal before the Division

Bench (D.B. SAW/216/2022), which is still pending.

(D.B. SAW/899/2023 has been filed in this matter. Please refer the same for further orders)

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8. This Court also observes that the respondents conducted

inspection of the petitioner institution and at that time, it was

found that Shubh Education and Welfare Society and Goyal

Hospital and Research Center Pvt. Ltd. were different entities and

the petitioner institution was running with two different entities,

and was also not having its own 100 bedded hospital.

9. This Court also finds that the issue in question of 100 bedded

hospital is already pending consideration before the Division Bench

of this Hon'ble Court in the aforementioned Special Appeal, and

therefore, at this stage, no cause for interference by this Court is

made out.

10. Thus, in light of the aforesaid observations and looking into

the factual matrix of the present case, this Court does not find it a

fit case so as to grant any relief to the petitioner in the present

petitions.

11. Consequently, the present petitions are dismissed. However,

the petitioner shall be at liberty to approach to file a fresh writ

petition, if occasion so arises, after the final verdict is delivered by

the Hon'ble Division Bench in the aforementioned pending special

appeal. All pending applications stand disposed of.

(DR.PUSHPENDRA SINGH BHATI), J.

SKant/-

(D.B. SAW/899/2023 has been filed in this matter. Please refer the same for further orders)

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