Rajasthan High Court - Jodhpur
Nirwan Charitable Trust vs State Of Rajasthan (2023:Rj-Jd:39940) on 21 November, 2023
Author: Rekha Borana
Bench: Rekha Borana
[2023:RJ-JD:39940]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 16603/2021
Nirwan Charitable Trust, (S.n. School Of Nursing), Shri
Ganganagar, 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-Schme, 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
For Petitioner(s) : Mr. Ankur Mathur
For Respondent(s) : Ms. Vrinda Samdani for
Ms. Vandana Bhansali
Mr. Sangram Singh
Mr. Mahendra Vishnoi
HON'BLE MS. JUSTICE REKHA BORANA
Order
21/11/2023
1. Learned counsel for the petitioner submits that the
controversy in question rests covered by the judgment passed by
the Coordinate Bench of this Court in the case of Nirwan
Charitable Trust vs. State of Rajasthan & Ors., S.B. Civil
Writ Petition No.1295/2023 decided on 03.11.2023.
2. The said writ petition was disposed of while relying upon the
judgment in the case of Bansal Nursing Charitable Trust vs.
[2023:RJ-JD:39940] (2 of 3) [CW-16603/2021]
State of Rajasthan & Ors., S.B. Civil Writ Petition
No.11450/2016 decided on 09.10.2023. The writ petition of
Bansal Nursing Charitable Trust was disposed of with the following
directions:
"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
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."
3. Learned counsel for the respondents does not refute the
submission that the present controversy is covered by the said
judgment.
[2023:RJ-JD:39940] (3 of 3) [CW-16603/2021]
4. In view of the submissions made, the present writ petition is
also disposed of on the same terms as laid down in the case of
Nirwan Charitable Trust (supra).
5. Stay petition and all pending applications stand disposed of.
(REKHA BORANA),J
74-T.Singh/-
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