State Of Rajasthan vs Private Physiotherapy, Nursing ...
2023 Latest Caselaw 208 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Spl. Appl. Writ No. 11/2023

State Of Rajasthan, Through The Secretary, Department Of Medical And Health (Group-3), Government Of Rajasthan, Jaipur.

----Appellant Versus Private Physiotherapy, Nursing And Paramedical Institution Society, Office Address Plot No. 273 Subhash Nagar, Pal Road, Jodhpur, Rajasthan Through Its Secretary Dilip Tiwari S/o Shri Anand Ram Tiwari, Aged About 62 Years.

                                                                 ----Respondent


For Appellant(s)          :     Mr. Sandeep Shah, AAG with
                                Ms. Akshiti Singhvi
For Respondent(s)         :



            HON'BLE MR. JUSTICE VIJAY BISHNOI

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Judgment / Order

06/01/2023

Learned counsel for the petitioner-State has submitted that

the respondent-society has challenged the condition imposed by

the State Government vide order dated 07.06.2022 to the effect

that only those institutions, who owned 100 beds hospital are

eligible for establishment of Nursing Colleges and Para Medical

Courses.

It is further submitted that the learned Single Judge has

allowed the writ petitions while holding that the condition so

imposed by the State Government is not in conformity with the

minimum qualification prescribed by the Indian Nursing Council

(Revised Regulations and Curriculum for B.Sc. Nursing Program),

Regulations 2020 (for short 'the Regulations of 2020').

(2 of 2) [SAW-11/2023]

It is argued that vide Regulations of 2020, the Indian

Nursing Council has provided minimum qualification whereas it is

always open for the State Government to prescribe qualification

over and above the minimum qualification.

Learned counsel for the petitioner-State has placed reliance

on the decision of the Hon'ble Supreme Court rendered in the

cases of State of T.N. & Anr. Vs. S.V. Bratheep (Minor) &

Ors. reported in (2004) 4 SCC 513, Visveswaraiah

Technological University & Anr. Vs. Krishnendu Halder &

Ors reported in (2011) 4 SCC 606 and in A.P.J Abdul Kalam

Technological University & Anr. Vs. Jai Bharath College of

Management and Engineering Technology & Ors reported in

(2021) 2 SCC 564.

Issue notice to the respondent, returnable on 06.02.2023

and be given 'dasti' to learned counsel for the petitioner for

service.

In the meantime, effect and operation of the impugned order

dated 04.11.2022 shall remain stayed.

(MADAN GOPAL VYAS),J (VIJAY BISHNOI),J

Surabhii/169-

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