State Of Rajasthan vs Surendera Nursing Training ...
2023 Latest Caselaw 4349 Raj

[2023/RJJD/014584]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Spl. Appl. Writ No. 252/2023

1. State Of Rajasthan, Through The Secretary, Medical And Health Department, Government Of Rajasthan, Jaipur.

2. The Secreatary, Social Justice And Empowerment, Government Of Rajasthan, G-31, Ambedkar Bhawan, Rajmahal Residency Area, Jaipur.

----Appellants Versus

1. Surendra Nursing Training Institute, A Unit Of The Late Smt. Vidyawanti Labhu Ram Foundation For Science Research And Social Welfare, H.h. Garden, Chak 1-E Chhoti, Sri Ganganagar Through The Secretary Of The Trust Gorav Gupta Son Of Late Shri Surender Kumar Aggarwal, By Caste Aggarwal, Aged About 48 Years, Resident Of H.h. Garden, Chak 1-E Chhoti, Sri Ganganagar.

2. Indian Nursing Council, Through Its Secretary, Combined Councils Building, Kotla Road, Temple Lane, New Delhi.

3. The President, Rajasthan Private Nursing School College Federation, E-277, Nakul Path, Lal Kothi Yojana, Jaipur.

4. Secretary, Private Physiotherapy Nursing And Para Medical Institutions Society, Plot No. 273, Subhash Nagar, Pal Road, Jodhpur.

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

6. The Director, Counseling Board (Gnm), Directorate, Department Of Medical, Health And Family Welfare, Rajasthan, Jaipur (No Such Post Exists).

----Respondents Connected With D.B. Spl. Appl. Writ No. 264/2023

1. State Of Rajasthan, Through The Secretary, Medical And Health Department, Government Of Rajasthan, Jaipur.

2. The Secretary, Social Justice And Empowerment Department, Government Of Rajasthan, G-31, Ambedkar Bhawan, Rajmahal Residency Area, Jaipur.

[2023/RJJD/014584] (2 of 4) [SAW-252/2023]

----Appellants Versus

1. Surendera Nursing Training Institute, A Unit Of Late Smt. Vidyawanti Labhu Ram Foundation For Science Research And Social Welfare, H.h. Garden, Chak 1-E Chhoti, Sri Ganganagar Through The Secretary Of The Trust Gorav Gupta Son Of Late Shri Surender Kumar Agarwal, By Caste Agarwal, Aged About 48 Years, R/o H.h. Garden, Chak 1-E Chhoti, Sri Ganganagar.

2. Rajasthan University Of Health And Sciences, Through Its Registrar, Sector-18, Pratap Nagar, Jaipur.

3. Indian Nursing Council, Through Its Secretary, Combined Councils Building, Kotla Road, Temple Lane, New Delhi.

4. The Presindent, Rajasthan Private Nursing School Colleges Federation, E-277, Nakul Path, Lal Kothi Yojana, Jaipur.

5. Secretary, Private Physiotherapy, Nursing And Para Medical Institutions Society, Plot No.273, Subhash Nagar, Pal Road, Jodhpur.

6. The Chairman, Nursing Counseling Board 2021 Ruhs College Of Dental Sciences, Jhotwara Road, Subhash Nagar, Shastri Nagar, Near Tb Hospital, Jaipur.

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

8. The Director, Counseling Board (Gnm), Directorate, Department Of Medical, Health And Family Welfare Rajasthan, Jaipur (No Such Post Exists)

----Respondents

For Appellant(s) : Mr. Sandeep Shah, AAG assisted by Mr. Abhimanyu Singh Rathore For Respondent(s) : Mr. Gopi Ram Goyal Dr. Mohit Singhvi for RUHS

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

Judgment / Order

10/05/2023

[2023/RJJD/014584] (3 of 4) [SAW-252/2023]

The matters come up for consideration of following

applications preferred on behalf of the respondent-Institution :

In DBSAW No.252/2023 IA No.1/2023 For vacating ex-parte interim order dated 09.03.2023 IA No.2/2023 For detaching DBSAW No.11/2023 In DBSAW No.264/2023 IA No.2/2023 For vacating the ex-parte interim order dated 14.03.2023 IA No.3/2023 For detaching DBSAW No.11/2023

By the above mentioned applications, respondent-Institution

has prayed for vacating ex-parte interim orders dated 09.03.2023

and 14.03.2023 passed by this Court in D.B. Special Appeal Writ

Nos.252/2023 and 264/2023 respectively and also prayed for

detaching D.B. Special Appeal Writ No.11/2023 with the instant

appeals.

Having heard learned counsel for the parties and after going

through the material available on record particularly taking into

consideration the fact that the matter regarding grant of NOC to

the respondent-Institution is pending consideration with the

screening committee of the appellants, we deem it appropriate to

direct the appellants to take a decision on the question of grant of

NOC to the respondent-Institution within a period of 15 days from

today, in case, it is found that the respondent-Institution is

fulfilling the condition of owing 100 beds hospital as per the State

policy and the other eligibility criteria for grant of NOC.

With these observations and directions, these special appeal

writs are disposed of. The order dated 19.01.2023 passed by the

[2023/RJJD/014584] (4 of 4) [SAW-252/2023]

learned Single Judge in SB Civil Writ Petition Nos.18345/2022 &

18405/2022 are set aside.

In case the NOC is granted to the respondent-Institution, it is

free to apply for participating in the counseling in accordance with

law.

Accordingly, all the applications are disposed of.

Let D.B. Special Appeal Writ No.11/2023 be detached with

the instant appeals and be listed appropriately.

(PRAVEER BHATNAGAR),J (VIJAY BISHNOI),J 52-mohit/-

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