Rajasthan High Court - Jodhpur
Indira Education Institute Of ... vs State Of Rajasthan ... on 7 November, 2023
Bench: Rekha Borana
[2023:RJ-JD:38289]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 9837/2022
Indira Education Institute Of Nursing, Through Its Director Dr.
Ram Sagar Nagar S/o Mangilal Ji Nagar, Aged About 52 Years
R/o Opp. Railway Station, Umarda, Udaipur, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Medical And
Health (Group-III) Department, Government Of
Rajasthan, Secretariat, Jaipur.
2. Rajasthan Nursing Council, Through Its Registrar, B-39,
Sardar Patel Marg, C-Scheme, Jaipur Rajasthan.
3. 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. 8844/2022
School of Nursing Harish Hospital, Katori Wala Tibara, Tijara
Road, Alwar, Rajasthan Through Its Director Shri Vikas Gupta
S/o Late Shri Ramesh Chand Gupta, Aged About 35 Years.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Medical And
Health (Group-III) Department, Government Of
Rajasthan, Secretariat, Jaipur.
2. Rajasthan Nursing Council, Through Its Registrar B-39,
Sardar Patel Marg, C-Scheme Jaipur, Rajasthan.
3. Private Physiotherapy, Nursing And Para Medical
Institutions Society, Branch Office Jodhpur Through Its
Secretary, Plot No. 273, Subhash Nagar, Pal Road,
Jodhpur Rajasthan.
----Respondents
[2023:RJ-JD:38289] (2 of 4) [CW-9837/2022]
For Petitioner(s) : Mr. Ankur Mathur
Mr. Uttam Khan
For Respondent(s) : Mr. Sangram Singh
Mr. Mahendra Vishnoi
HON'BLE MS. JUSTICE REKHA BORANA
Order
07/11/2023
1. Learned counsel for the petitioners submitted that the
controversy in question stands covered by the judgment of the
co-ordinate bench of this Court in the case of Mayurakshi
College of Nursing, Jodhpur vs. State of Rajasthan & Ors.
(S.B. Civil Writ Petition No.15732/2022). The said writ
petition was decided with the following observations:-
"13. Thus, in view of the above, the present writ
petitions are disposed of with liberty to the petitioners-
institutions that in case they desire to further continue
with the aforementioned Courses in question in the next
academic session with enhanced intake capacity, they
shall apply for fresh NOC before the State
Government/State Nursing Council, in that regard,
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 from the date of receipt of a certified copy of this
judgment, strictly in accordance with law. Such decision
taken by the State Government/State Nursing
Council/INC shall be binding on all the institutions, for
intake capacity/future running of the aforementioned
Courses in question. Thus, it is directed that the fate of
the institution(s) for the intake capacity/future running
of the aforementioned Courses 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.
14. 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
[2023:RJ-JD:38289] (3 of 4) [CW-9837/2022]
to regularize the students in the Courses in question i.e.
B.Sc. (Nursing) Course, G.N.M. Course, Post Basic B.Sc.
(Nursing) Course and M.Sc (Nursing) Course for the
academic sessions 2020-21, 2021-22 & 2022-23, who
were admitted as per State Government's NOC and were
allowed to participate in the counselling process by
virtue of the interim orders passed by this Hon'ble Court
in the respective writ petitions(s). All pending
applications also stand disposed of."
2. It has been submitted on behalf of the petitioners that in
pursuance to the interim orders dated 26.07.2022 and
29.06.2022, 100 students and 50 students respectively were
provisionally admitted for the academic year 2022-2023 in the
GNM Course.
3. Now the controversy has been settled vide Mayurakshi's
case (supra) wherein the respondent Department has been
directed to regularise the students who were allowed to participate
in the counselling process by virtue of the interim orders passed
by this Hon'ble Court, in the courses in question for the academic
sessions 2020-21, 2021-22 & 2022-23.
4. This Court is of the opinion that the issue in question would
be covered by the observations and decision of the co-ordinate
bench in Mayurakshi's case (supra).
However, it is hereby reiterated that the present order would
operate only qua the academic session 2022-23. As observed in
Mayurakshi's case (supra), if the petitioner Institutes are
desirous to continue the course in question for the next academic
session, it would mandatorily have to apply for a fresh NOC before
the State Government/State Nursing Council.
5. The case of the petitioner Institutes with regard to NOC shall
be considered and decided by the State Government/State
[2023:RJ-JD:38289] (4 of 4) [CW-9837/2022]
Nursing Council within a period of 45 days from the said
application. The decision as taken by the State Government/State
Nursing Council qua the intake capacity shall be binding on the
Institutes.
6. It is further made clear that if in future, the petitioner
Institutes apply before this Court for grant of any interim order in
its favour without applying for issuance of the NOC to the State
Government, the same shall be deemed to be in defiance of the
directions issued in the present writ petitions.
7. The present writ petitions are disposed of with directions as
issued in the case of Mayurakshi's case (supra) and the
observations made above.
8. Stay petitions and all pending applications, if any, also stand
disposed of.
(REKHA BORANA),J
134-135-Sachin/-
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