Rajasthan High Court - Jodhpur

Nirwan Charitable Trust (S.N. ... vs State Of Rajasthan ... on 2 November, 2023

Bench: Nupur Bhati

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 14943/2021

Nirwan Charitable Trust (S.n. College Of Nursing), 4 Mi, Suratgarh Road, Dist. Shri Ganganagar, Rajasthan, Through Its Authorized Representative Dr. Nemi Chand Jat S/o Shri Shimbhu Singh Jat, Aged About 37 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, 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 Connected With S.B. Civil Writ Petition No. 3264/2021 Mass College Of Nursing, Through Its Principal Shri Hemant Tak S/o Shri Bhagchand Tak , Aged About 44 Years . R/o Jhamar Kotda Road, Behind S S College Of Engineering Umarda Distt. Udaipur 313002, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through The 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 (Raj.)

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

----Respondents

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S.B. Civil Writ Petition No. 3280/2021 Mass College Of Nursing, Through Its Principal Shri Hemant Tak S/o Shri Bhagchand Tak , Aged About 44 Years. R/o Jhamar Kotda Road, Behind S S College Of Engineering Umarda Distt. Udaipur 313002, Rajasthan

----Petitioner Versus

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

2. Rajasthan Nursing Council, Through Its Registrar, B-39, Sardar Patel Mard , C-Scheme , Jaipur (Raj.)

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

----Respondents S.B. Civil Writ Petition No. 4683/2021 Shrinath B.sc. College Of Nursing, Through Its Principal Rajkamal Jain S/o Anil Kumar Jain, Aged About 44 Years R/o Bhilwara Road, Rajsamand - 313326, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through The 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, 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 S.B. Civil Writ Petition No. 4701/2021 Mewar B.sc. Nursing College, Through Its Principal Shri Sunil Kumar Dadheech S/o Shri Prem Shankar Sharma, Aged About 34 Years, R/o Surya Nagar Savina, Tatardi Road, Dist. Udaipur,

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Rajasthan

----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 S.B. Civil Writ Petition No. 5224/2021 Aadi Development And Education Society, Udaipur 3-4, Jai Nagar, Harmada, Sikar Road, Jaipur, Rajasthan, Through Its Secretary Shri Naveen Choudhary S/o Shri Vijendra Singh, Aged About 34 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, 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 S.B. Civil Writ Petition No. 5232/2021 Nirwan Charitable Trust, 4 Mi, Suratgarh Road, Dist. Sri Ganganagar, Rajasthan, Through Its Authorized Representative

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Dr. Nemi Chand Jat S/o Shri Shimbhu Singh Jat, Aged About 37 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, 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 S.B. Civil Writ Petition No. 5252/2021 Nirwan Charitable Trust, Nh-8, Bagru Khurd, Ajmer Road, Dist. Jaipur, Rajasthan, Through Its Authorized Representative Dr. Nemi Chand Jat S/o Shri Shimbhu Singh Jat, Aged About 37 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, 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 S.B. Civil Writ Petition No. 6085/2021 Laganshah Charitable Nursing Home Society, Through Its

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Secretary Shree Haji Abdul Almakki S/o Shree Abdul Gaffar Gesawat, Aged About 28 Years, R/o Near Water Tank Jusri Road, Makrana Dist. Nagaur, Rajasthan.

----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 S.B. Civil Writ Petition No. 6098/2021 Vinayak College Of Nursing, 18-25, Park Residency, Kalwar Road, Hothoj, Jaipur, Through Its Authorized Representative Shri Mahesh Mathur S/o Shri Shankar Lal Mathur, Aged About 68 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 S.B. Civil Writ Petition No. 14940/2021

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Nirwan Charitable Trust, (Rajasthan College Of Nursing) Nh-8, Bagru Khurd, Ajmer Road, Dist. Jaipur, Rajasthan, Through Its Authorized Representative Dr. Nemi Chand Jat S/o Shri Shimbhu Singh Jat, Aged About 37 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, 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 S.B. Civil Writ Petition No. 15241/2021 Mahatma Gandhi B.sc. Nursing College, Nh-11, Pura Ki Dhani, Sikar, Rajasthan, Through Its Director Shri Dalu Ram Cahar S/o Shri Ladu Ram Cahar, Aged About 55 Years.

----Petitioner Versus

1. State Of Rajasthan, Through Its 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, Sector-18, Pratap Nagar, Tonk Road, 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

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S.B. Civil Writ Petition No. 15338/2021 Sms College Of Nursing, Gopalpura Kota Road, Jhalawar, Rajasthan, Through Its Secretary Salim Mohammad Khan S/o Aizaz Mohammad Khan, Aged About 63 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, 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 S.B. Civil Writ Petition No. 15770/2021 Mayurakshi College Of Nursing, Jodhpur, Mandalnath Circle, Main Mandore Road, Daizar, Jodhpur Parental Body Mayurakshi Shikshak Avam Vikas Sansthan, Magra Punjla, Jodhpur Through Its Secretary Atul Sankhla S/o Shri Sanwal Singh Sankhla, Aged 39 Years, R/o Magra Punla, Jodhpur.

----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, Pratap Nagar, Jaipur, Rajasthan.

4. Private Phsiotherapy, Nursing And Para Medical Institutions Society, Branch Office Jodhpur Through Its Secretary, Plot No. 273, Subhash Nagar, Pal Road, Jodhpur, Rajasthan.

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----Respondents S.B. Civil Writ Petition No. 17643/2021 Jubin Spastic Home And Charitable Trust, Through Its Secretary Smt. Vinita Ahuja W/o Dr. Darshan Ahuja, Aged About 57 Years R/o Chak 7-1, Chotti Iind Padampur Road, Dist. Shri Ganganagar.

----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, 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. Uttam Khan
                                   Mr. Shreyansh Mardia
                                   Ms. Nilansha Singhvi
For Respondent(s)            :     Mr. Mahendra Vishnoi for RNC
                                   Mr. Rajesh Punia for RUHS
                                   Ms. Vandana Bhansali
                                   Mr. Sangram Singh for RNC
                                   Mr. Gaurav Chaudhary for
                                   Muktesh Maheshwari
                                   Ms. Khushi Makwana



               HON'BLE DR. JUSTICE NUPUR BHATI

                                       Order

02/11/2023

In S.B. Civil Writ Petitions No.14943/2021, 3264/2021, 3280/2021, 4683/2021, 4701/2021, 5224/2021, 5232/2021, 5252/2021, 6085/2021, 6098/2021,

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14940/2021, 15241/2021, 15338/2021, 15770/2021, 17643/2021

1. These matters have been listed in the category of 'for

orders'. However, with the consent of learned counsel for the

parties, the matters are heard finally, today itself.

2. Since common questions of facts and law are involved in

these writ petitions, therefore, these writ petitions are decided by

this common order by taking the writ petition No.14943/2021 as

main file.

3. The present writ petition has been filed under Article 226 of

the Constitution of India with the following prayer:-

"(i) the writ petition filed by the petitioner may kindly be allowed;

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

(iii) It may kindly be declared that the petitioner institution is entitled to take admission or students for B.Sc. Nursing Course for the academic session 2021-22 onwards with intake capacity of 100 seats.

(iv) The respondents may kindly be directed to include petitioner in the list of institutions with intake capacity of 100 seats and allowed to take admission of students for B.Sc. Nursing Course for the session 2021-22 onwards.

(v) The respondent federation/association may be directed to recommend the authorities for enhancement of seats and also be directed to include the petitioner institution in its counseling with intake capacity of 100 seats.

(vi) The respondent University may further be directed to accept the annual affiliation fees and other fees for enhanced intake capacity of seats.

(vii) Any other appropriate relief which this Hon'ble Court deems just and proper in the facts and

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circumstances of the case may kindly be passed in favour of the petitioner.

(viii) Costs of the writ petition be also awarded in favour of the petitioner."

4. Learned counsel for the petitioners and respondents jointly

submit that the controversy involved in the present writ petitions

is squarely covered by the judgment dated 09.10.2023 passed by

this Court in S.B. Civil Writ Petition No.11450/2016 (Bansal

Nursing Char. Trust Vs. State and Ors.). The relevant portion

of the said judgment is reproduced hereunder:

"11. This Court also observes that the students are pursuing the Course in question in the petitioners- institutions, and were also allowed to participate in the counselling process by virtue of the aforementioned interim order. The students, who took admission in the petitioners- institutions to pursue the Course in question are young students, and cannot be penalized or made to suffer only on technical ground regarding which authority has the power to issue NOC for running the Course in question, with a particular intake of seats. Therefore, at this stage and looking into the interests of the students, the students who were admitted in the petitioners-institutions and are continuing the Course in question with intake of 50 seats in academic session of 2020-21 are ordered to be allowed to continue with their studies in the Course.

12. Thus, in view of the above, the present writ petitions are disposed of with liberty to the petitioners-institutions to apply for fresh NOC for the next academic session with enhanced intake of seats in the Course in question, before the State Government/State Nursing Council within a period of 15 days from today, and the cases of the petitioners-institutions, with regard to such NOC, shall be considered and decided by the State Government/State Nursing Council, within a period of 45 days thereafter, strictly in accordance with law, in case the institutions

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desire to further continue with the Course in the next academic session. Such decision taken by the State Government/State Nursing Council/INC shall remain binding on all the institutions, for intake capacity/future running of the Course in question. Thus, it is directed that the fate of the institution(s) for the intake capacity/future running of the Course in question shall be as per the decision of the State Government, while keeping into consideration the stand of the INC and State Nursing Council.

12.1. It is needless to say that the respondent-INC will be free to exercise its powers, as per the order passed in the case of Indian Nursing Council Vs Kamaksha & Ors. (Supra). This Court thus, directs the respondents to regularize the students, who were admitted as per State Government's NOC and were allowed to participate in the counselling process by virtue of the aforementioned interim order dated 09.02.2021 passed by this Hon'ble Court. All pending applications also stand disposed of."

5. Thus, in view of the above, the present writ petitions are

disposed in the same terms as in the case of Bansal Nursing

Char. Trust (supra) with liberty to the petitioners-institutions to

apply for fresh NOC for the next academic session with enhanced

intake of seats in the Course in question, before the State

Government/State Nursing Council within a period of 15 days from

today, and the cases of the petitioners-institutions, with regard to

such NOC, shall be considered and decided by the State

Government/State Nursing Council, within a period of 45 days

thereafter, strictly in accordance with law. In case the institutions

desire to further continue with the Course in the next academic

session, such decision taken by the State Government/State Nursing