Vivekanand Nursing College ... vs State Of Rajasthan ...
2023 Latest Caselaw 8583 Raj

[2023:RJ-JD:35142] (1 of 4) [CW-12831/2022]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 12831/2022

Vivekanand Nursing College Tigariya, Tehsil Chomu, District Jaipur (Raj.) Under The Management Of Rameshwar Prasad Memorial Shikshan Samiti Through Its Secretary Meghraj Yadav S/o Rameshwar Prasad Yadav, Aged About 47 Years Resident Of Shyamnagar Colony, Railway Station Road, Chomu, Jaipur.

----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. Rajasthan Private Nursing School College Federation, Lal Kothi, Jaipur Through Its President.

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

6. The Social Justice And Empowerment Department, Through Its Secretary, Secretariat, Jaipur, Rajasthan.

                                                                  ----Respondents


For Petitioner(s)           :     Mr. B.S. Sandhu
For Respondent(s)           :     Ms. Vandana Bhansali, A.G.C.
                                  Dr. Mohit Singhvi
                                  Mr. Sangram Singh

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

16/10/2023

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1. Learned counsel for the parties jointly submit that the

controversy is squarely covered by the judgment rendered by this

Court in Durga Devi Memorial Educational Trust Vs. State Of

Rajasthan & Ors. : S.B. Civil Writ Petition No. 16654/2022,

alongwith other connected matters decided on 19.09.2023. The

operative portion of the judgment reads as under:-

"18. After hearing learned counsel for the parties at length as well as perusing the record of the case, this Court goes on with the proposition made by learned counsel for the petitioners- institutions that a limited question of the fate of the students enrolled, admitted, permitted to give examinations, result declarations and connected reliefs be adjudicated at the present juncture, while leaving the contest of the institutions for NOC for Nursing Courses to the State for now.

19. The reason for agreeing with such proposition of limited adjudication is that the students are suffering from non- declaration of the results by the RUHS causing serious difficulties in continuance of their studies and is also causing an irreparable loss to their academic sessions.

20. Once such proposition of learned counsel for the petitioners has been accepted, then the status of the institutions, which is differing from institution to institution, and which includes rejection of NOC, pending NOC, consideration going on for NOC, inspections pending, inspections done and any other procedure which they are undergoing, coupled with screening by the Screening Committee constituted or to be constituted by the State, is not required to be gone into by this Court in the present adjudication. Although this Court is conscious of the fact that none of these institutions qualify at this stage to run the Courses in question, and thus, are liable to be ousted from the list of lawfully running institutions for the Courses in question.

21. Since this Court is not going into merits of such parameters, therefore, any continuance of such institutions for the purpose of present and future sessions shall be subject to the conjoint reconsideration to be made by the respondents strictly in accordance with law for NOC for the Nursing Courses.

22. Since broadly, the set up of the institutions which have got the interim orders from this Hon'ble Court, has the basic approval of the RNC, therefore, in the interest of the students, in particular, it is directed that the respondents shall declare the results of the students and allow them to pursue their respective Course for which they have been granted admissions by virtue of the interim orders of this Hon'ble Court. The students shall be permitted to complete such Course(s) and shall be granted valid Certificate(s)/Degree(s) without absolving the petitioners- institutions of their responsibility to contest their case for an appropriate NOC or contest their rejections which have already been made.

23. While this Court takes the aforesaid lenient view for the students on the basis of the information available on record, which projects a positive RNC report at the initiation, but the same scale cannot be applied for the institutions, who are

[2023:RJ-JD:35142] (3 of 4) [CW-12831/2022]

manned by professionals and matured persons, who are required to understand the gravity of the legal procedure established requiring the statutory regulators like Rajasthan Government, the RUHS and RNC to undergo the process of granting NOC as laid down by the statute.

24. The view of this Court that the students, who are comparatively less matured and are likely to go in for any qualifications or courses without contemplating the consequences, as sometimes the students are not even equipped to understand the complexities of such conditions. Although, the time has come when the students have to be aware that without fulfilling the strict parameters, education cannot be imparted by the institutions, but while being of the view that a strict action deserves to be taken by the State against such erring institutions, it has to be ensured as an exception in the peculiar factual matrix that the future of the students may not be jeopardized as they have already completed their Courses partly.

25. The State shall constitute the Screening Committee (existing or amended), and each of the institutions shall be free to re-approach the said Committee with all its merits and each of its conditions, and the Screening Committee, while not restricting itself to the consideration only to the extent of requirement of 100 bedded hospital(s), shall scrutinize as to whether the petitioners-institutions are entitled for a valid NOC, or not. This Court is conscious of the fact that the State Counsel submitted that most of the rejections in the present case were 100 bed policy centric.

26. Such scrutiny shall be completed by the State for the institutions, who are not having a valid NOC currently and approaches the State Government and the institutions, shall be required to submit their complete details before the Screening Committee within a period of one month from today.

27. The State, through its Screening Committee (existing or freshly constituted) shall decide the fate of the institutions regarding the NOCs and the continuance of the present institutions in question for the current as well as the future sessions.

28. In case any institution is found to be not fulfilling the conditions for NOC, then though the students are already granted admissions by virtue of the interim orders of this Hon'ble Court stand protected, but the institutions shall be liable to bear a cost of Rs.50,00,000/- each for the session 2021-22. Thus, if the institutions fail to withstand the test of qualifying the criteria for NOC for the Nursing Courses before the Screening Committee, which shall act strictly in accordance with law, they will suffer the consequences of the aforesaid cost.

29. In case any of such institutions fail to approach the Screening Committee within a period of one month from today, it shall be treated that the institutions failed to qualify the criteria of legally running such Courses for the session 2021-22 in question. However, in case the institutions apply, the State through its Screening Committee shall decide the fate of such institutions within a period of six months thereafter.

30. It is needless to say that such an exercise shall be undertaken by the State, through its Screening Committee, while giving an opportunity of hearing to all the concerned institutions, strictly in accordance with law only for those who choose to run the Courses for the session 2021-22 without NOC and could not get the same until now.

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31. It shall be the responsibility of the State to recover such cost i.e. Rs.50,00,000/-, from each of the erring institutions within a period of three months thereafter. The cost, after having been recovered, shall be utilized, as per the Course, 70% by the State and 30%, by the RUHS or RNC, for the purpose of furthering medical education in the State.

32. It is however, made clear that any cost recovered pertaining to the exclusive disqualification of 100 bedded hospital(s) shall be subject to the final outcome of the adjudication going on in D.B. Special Appeal (Writ) No.11/2023 & other connected matters, before the Division Bench of this Hon'ble Court.

33. The finding to be arrived at by the State through its Screening Committee, in pursuance of the present order, shall however, not prejudice the legal status of the students, who are undergoing the Nursing Courses in question. All beneficiary students of this order, while keeping into consideration their choice of place as per their merit, shall be proportionately allotted those colleges by the respondents who have the approval and NOC or at least necessary infrastructure to impart the education of Nursing Courses as per the discretion of the respondents, within a period of one month from today. No student will be continued in the erring institutions without NOC thereafter for the session 2021-22.

34. The interim orders earlier passed by this Hon'ble Court pertaining to the session 2021-22 shall stand merged into this order, and accordingly, the continuance of the students shall be strictly subject to the present order. Since this order is being given finality to disputes pertaining to the students of session 2021-22 Nursing Courses where the interim orders are operative and a part of the Course is already done, therefore, it shall be binding upon the respondents to adhere to it strictly for regularization of such students and dealing with the erring institutions.

35. This Court is anguished to pass such order, as has been passed herein, where such kind of interference or non- interference both is made, on count of absence of any other option, in the given factual matrix, for the sake of future of the students in question and their entitlement for any consequential benefits, if any.

36. With the aforesaid observations and directions, the present petitions stand disposed of. All pending applications also stand disposed of."

2. In light of the aforequoted judgment, the present writ

petition as well as stay petition stand disposed of in the same

terms.

3. All pending applications, if any, stand disposed of.

(DR. PUSHPENDRA SINGH BHATI), J.

5-Zeeshan

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