Rajasthan High Court - Jodhpur
Rajasthan College Of B.Sc. ... vs State Of Rajasthan ... on 7 November, 2023
Bench: Rekha Borana
[2023:RJ-JD:38278]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 9832/2022
Rajasthan College Of B.sc. Nursing, Ganeshpura Road, Somnath
Nagar, Dausa Through Its Director Dr. Ram Sagar Nagar S/o Shri
Mangilal Ji Nagar, Aged About 52 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
For Petitioner(s) : Mr. Ankur Mathur
For Respondent(s) : Ms. Vandana Bhansali, AGC
Dr. Mohit Singhvi
Mr. Mahendra Vishnoi
HON'BLE MS. JUSTICE REKHA BORANA
Judgment
07/11/2023
1. The matter comes upon an application preferred on behalf of
the petitioner Institute with the submission that in pursuance to
the interim order dated 26.07.2022 passed by the co-ordinate
bench of this Court, 50 students were provisionally admitted for
the academic year 2022-2023 in the B.Sc. (Nursing) Course. Out
of those 50 students, 40 students have been issued enrollment
[2023:RJ-JD:38278] (2 of 4) [CW-9832/2022]
number by the respondent University but the same has not been
issued to remaining 10 students.
2. It has been submitted that now the examination for B.Sc.
(Nursing) Course is scheduled for the academic session 2022-23
and hence, the enrollment number be issued to the remaining 10
students also, as in absence of the enrollment number, they would
not be permitted to appear in the examination.
3. With the consent of the parties, the writ petition itself has
been heard finally.
4. Learned counsel for the petitioner 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.
[2023:RJ-JD:38278] (3 of 4) [CW-9832/2022]
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
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."
5. This Court is of the opinion that the issue in question would
be covered by the above 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 Institute is 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.
The case of the petitioner Institute with regard to NOC shall
be considered and decided by the State Government/State
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
Institute.
6. It is further made clear that if in future, the petitioner
Institute applies 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 petition.
[2023:RJ-JD:38278] (4 of 4) [CW-9832/2022]
7. The present writ petition is disposed of with directions as
issued in the case of Mayurakshi's case (supra) and the
observations made above. The respondent University is directed to
issue the enrollment number to the remaining 10 students within
a period of seven days.
8. Stay petition and all pending applications, if any, also stand
disposed of.
(REKHA BORANA),J
129-KashishS/-
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