A.S. School Of Nursing vs State Of Rajasthan
2023 Latest Caselaw 8766 Raj

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 15732/2022

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 - Punjla,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 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. 961/2021 Sagar Edu. Inst. Of Health And Science Society, Through The Secretary Laxman Singh Khinchi S/o Onkar Lal Singh, Aged About 50 Years, Residence Of Canal Road, Opp. Gujrati Bhawan, Gumanpura, Kota, 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 The Registrar B-39, Sardar Patel Marg, C-Scheme Jaipur, Rajasthan.

3. Additional Director (Training), Legal And Health Department, Secretariat, Jaipur, Rajasthan.

4. Rajasthan Private Nursing Schools And Colleges

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Federation, Through The President, 357, Laxmi Nagar, Paota B Road, Jodhpur, Rajasthan - 342001.

----Respondents S.B. Civil Writ Petition No. 4190/2021 Genius Health And Nursing Shikshan Sansthan, Umrao Palace Sanganer Road, Pathik Marg, Bhilwara Through Its Administrator Mohsin Chhipa S/o Sh. Ayub Mohammed, By Case Muslim, Aged About 31 Years, Resident Of 47, Shabri Colony, Ayad Gali No. 2 Nearby Police Chowki, Udaipur (Raj.).

----Petitioner Versus

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

2. Rajasthan Nursing Council Jaipur, Through Its Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur.

3. Director (Non-Gazetted), Medical And Health Services, Government Of Rajasthan, Secretariat, Jaipur.

----Respondents S.B. Civil Writ Petition No. 14787/2021 Global Institute Of Nursing Shanti Niketan, Jamer, Kotda Road, Manwa Kheda, Hiran Magri, Udaipur, Rajasthan, Through Its Director Shri Rajesh Singh Choudhary /so Shri M.p. Singh, Aged About 43 Years.

----Petitioner Versus

1. State, 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 S.B. Civil Writ Petition No. 14800/2021

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Florence Nightingale School Of Nursing, Through Its Authorized Representative Devender Kumar Chhabra S/o Chiman Lal Chhabra, Aged About 47 Years R/o 14 K.s.p. Rawatsar Road Shergarh, Dist. Hanumangarh, 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 S.B. Civil Writ Petition No. 14801/2021 Udaipur Institute Of Nursing, 387/a Jhamar Kotra, Main Road, Hiran Magri, Sector 6, Udaipur, Rajasthan, Through Its Director Shri Nitin Pahuja S/o Shri Kamal Pahuja, Aged About 31 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 S.B. Civil Writ Petition No. 14875/2021 Indira Education Institute Of Nursing, Through Its Director Dr. Ram Sagar Nagar S/o Shri Mangilal Ji Nagar, Aged About 51 Years R/o 5-6, Opp. U.t.i. Community Centre, Sector 4, Hiran Magari, District Udaipur, Rajasthan.

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----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 S.B. Civil Writ Petition No. 14879/2021 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, Resident Of - 22, Girdhar Colony, Opp. S K Soni Hospital, Sikar Road, Murlipura, 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, 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. 14972/2021 Rajasthan Education Institute Of Nursing, Through Its Director Dr. Ram Sagar Nagar S/o Mangilal Nagar, Aged About 51 Years, R/o Somnath Nagar, Ganeshpura Road, District Dausa, Rajasthan.

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----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 S.B. Civil Writ Petition No. 15273/2021 Genius Health And Nursing Shikshan Sansthan, Umrao Palce, Sanganer Road, Pathik Nagar, Bhilwara, Rajasthan, Through Its Administrative Shir Mohsin Chhipa S/o Shri Ayub Mohammed, Aged About 33 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 S.B. Civil Writ Petition No. 16125/2021 Mayurakshi School Of Nursing Jodhpur, Mandalnath Chouraha, Main Mathania Road, 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 - Punjla, Jodhpur.

----Petitioner Versus

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1. State Of Rajasthan, Through Its Principal Secretary, Medical And Health Department, Government Of Rajasthan, Government Secretariat, Jaipur (Rajasthan).

2. Rajasthan Nursingh 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 S.B. Civil Writ Petition No. 2292/2022 Raghukul Research And Technical Institute, Raghukul School Of Nursing C/o Jagatpura Main Road, Jaipur, Rajasthan Through Its President Nagendra Singh S/o V.s. Shekhawat, Age 50 Years.

----Petitioner Versus

1. State Of Rajasthan, Through Its 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. Additional Director (Training), Legal And Health Department, Secretariat, Jaipur, Rajasthan.

4. Rajasthan Private Nursing Schools And Collegs Federation, Through Its President, 357, Laxmi Nagar, Paota B Road, Jodhpur, Rajasthan 342001

----Respondents S.B. Civil Writ Petition No. 3952/2022 Upchar College Of Nursing, 115, Tegore Path, Sector - 11, Mansarovar, Jaipur, Rajasthan, Through Its Principal Sunil Kumar Sharma S/o Kailash Chandra Sharma, Aged About 46 Years.

----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,

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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 Schools And College Federation, Through Its Chairman, 357, Laxmi Nagar, Paota B Road, Jodhpur, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 5873/2022 A.s. School Of Nursing, 79-G Block Sriganganagar, Rajasthan Through Its Principal Mrs. Sanjog W/o Kishore Kumar, Aged About 33 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. Additional Director (Training), Legal And Health Department, Secretariat, Jaipur, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 9043/2022 Shri Maharshi Dadhich School Of Nursing, Behind Samoor Factory, Baran Road, Naya Nohara, Kota, Rajasthan, Through Its Secretary Shri Raj Dadhich S/o Shri R. N. Dadhich, Aged About 44 Years.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Medical And Health (Group-Iii) Department, Government Of Rajasthan, Secretariat, Jaipur.

2. Additional Director, Medical And Health (Group-Iii) Department, Government Of Rajasthan, Jaipur.

3. Rajasthan Nursing Council, Through Its Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur, Rajasthan.

4. Rajasthan Private Nursing Schools And Colleges Federation, Through Its Chairman, 357, Laxmi Nagar,

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Paota B Road, Jodhpur, Rajasthan-342001.

----Respondents S.B. Civil Writ Petition No. 9839/2022 Sagar College Of B.sc. Nursing, Udaipur, Through Its Director Dr. Ram Sagar Nagar S/o Mangilal Nagar, Aged About 52 Years R/o Opp. Railway Station, Umarda, Udaipur.

----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. 12204/2022 Global Institute Of Nursing Shanti Niketan, Jamer, Kotda Road, Manwa Kheda, Hiran Magri, Udaipur, Rajasthan, Through Its Director Shri Rajesh Singh Choudhary S/o Shri M.p. Singh, Aged Bout 44 Years.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Medical And Health (Group-Iii) Department, Government Of Rajasthan, Secretariat, Jaipur.

2. Additional Director (Training), Legal And Health Department, Secretariat, Jaipur, Rajasthan.

3. Rajasthan Nursing Council, Through Its Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur (Rajasthan).

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

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Jodhpur Rajasthan.

----Respondents S.B. Civil Writ Petition No. 14292/2022 Balaji School Of Nursing, Through Its Secretary Shri Avinash Nehra S/o Shri Dileep Kumar Nehra, Aged About 43 Years, R/o Sadulpur, Rajgarh, Churu, 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. 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. 15796/2022 Mayurakshi School Of Nursing Jodhpur, Mandalnath Chouraha Main Mathania Road, 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 Punjla, 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 Physiotherapy, Nursing And Para Medical Institutions Society, Branch Office Jodhpur Through Its Secretary, Plot No. 273, Subhash Nagar, Pal Road,

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Jodhpur, Rajasthan.

                                                                   ----Respondents


For Petitioner(s)            :    Mr. Ankur Mathur,
                                  Mr. Shreyansh Mardia,
                                  Mr. Rajesh Choudhary,
                                  Mr. Vikas Bijarnia
For Respondent(s)            :    Ms. Vandana Bhansali, AGC.
                                  Mr. Manish Tak, Dy.GC.
                                  Mr. Hemant Jain
                                  Dr. Mohit Singhvi
                                  Mr. Sangram Singh
                                  Mr. Rajesh Punia
                                  Mr. Mahendra Bishnoi

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Judgment

Reserved on 10/10/2023 Pronounced on 20/10/2023

1.1 Since all the instant petitions involve a common controversy

though with marginal variation in the contextual facts, therefore,

for the purposes of the present analogous adjudication, the facts

and the prayer clauses are being taken from the above-numbered

S.B. Civil Writ Petition No. 14787/2021, while treating the same as

a lead case; rival submissions of the parties and the observations

of the Court, in the present order, would also be based,

particularly, on the factual matrix of the lead case.

1.2. The prayer clauses read as under:-

"It is therefore, respectfully prayed that this writ petition may kindly be allowed by calling record of case and by an appropriate writ, order or direction:-

(a) The record of the case may be called for.

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(b) The respondents may be directed to allow the petitioner institution to admit 60 students in GNM Course in consonance with the permissions accorded.

(c) The respondents may further be directed to include the name of the petitioner institution in the list of eligible institutions for the purpose of counselling for the academic session 2021-22 in GNM Course with intake capacity of 60 students.

(d) 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 counselling with intake capacity of 60 seats.

(e) The respondent authorities may further be directed to accept the fees for enhanced intake capacity of seats.

(f) Cost of litigation and damages may also be allowed in favour of the petitioner.

(g) Any other appropriate writ or order or direction which is favorable to the petitioner in the facts and circumstances of the case may kindly be granted to the petitioner."

1.3. In the present adjudication, this Court is dealing with the

matter pertaining to 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.

2. As the pleaded facts would reveal, the State Government

established the various nursing training institutions. Furthermore,

with a view to effectively meet the ever increasing demand of

trained nursing personnel in the medical field, a provision was

made, in accordance with the Indian Nursing Council Act, 1947

(hereinafter referred to as 'Act of 1947'), to permit establishment

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of private Nursing Training Institutions, subject to fulfillment of

certain criteria.

2.1. The petitioner-institution filed an application for issuance of

No Objection Certificate (NOC) for opening new GNM Nursing

College with intake capacity of 30 seats and the same was duly

issued by the State Government on 30.01.2006.

2.2. In pursuance of such NOC, the petitioner-institution applied

before the respondent-Indian Nursing Council (INC) for grant of

recognition for undertaking GNM Course. The respondent-INC vide

order dated 25.05.2006 granted permission to the petitioner-

institution for conducting the said Course with intake capacity of

30 seats.

2.3. Thereafter, the State Government issued an order on

31.01.2008, wherein the intake capacity of the petitioner-

institution has been ordered to be enhanced from 30 seats to 60

seats for the GNM Course. Thereafter, the respondent-INC

conducted the inspection of the petitioner-institution on

06.09.2010 and the respondent-INC vide order 30.09.2010

permitted the petitioner-institution to conduct the Course in

question with intake capacity of 40 seats subject to the approval

of State Nursing Council for the academic session 2010-11.

2.4. The respondent-INC, in furtherance, in regard to the

academic sessions 2016-17, 2017-18 & 2018-19, vide orders

dated 12.07.2016, 15.09.2017 & 13.05.2019, respectively,

granted permission to the petitioner-institution to conduct the

Course in question with intake capacity of 40 seats. Thereafter,

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the State Government issued a list of institutions for admission of

students in Course in question for the academic session 2020-21

with respective intake capacity; the petitioner-institution was held

suitable to conduct the Course in question with intake capacity of

40 seats.

2.5 Subsequently, the respondent-INC and the respondent-State

issued office notes dated 15.10.2020, 03.11.2020 and

09.12.2020, respectively, and stated inter alia that the

respondent-INC was having no power to grant recognition to the

nursing institutions, as only the State Nursing Council/State

Government is empowered to do so, despite the same, the

respondent-INC proceeded to reduce the intake capacity for the

Course in question.

3. Learned counsel for the petitioners-institutions submitted

that the State Government did not cancel and withdraw the seats

enhancement order(s), rather the concerned authorities were

ordered to sanction the seats, as claimed herein, to the

petitioners-institutions for the Courses in question.

3.1. Learned counsel further submitted that the respondent-INC

was having no authority to grant the NOC and recognition to the

nursing institutions in the State; the petitioners are already having

the NOC issued in their favour, with the intake capacity, as claimed

by them, by the State Government, but despite the same, the

respondent-INC granted NOC with lesser intake capacity, for the

aforementioned academic sessions.

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3.2. Learned counsel also submitted that the inspections of the

petitioners-institutions were conducted by the respondent-INC

under Section 13 of the Act of 1947, and the reports thereof were

submitted before the Executive Committee; however, the

respondent-INC was having no power to proceed with such

inspection reports without forwarding the same to the concerned

institution(s), and therefore, the entire impugned action herein is

highly illegal and arbitrary.

3.3. Learned counsel further submitted that the petitioners-

institutions are institutions recognized under the provisions of law;

when the State Government/State Nursing Council had already

granted the necessary permission, with a particular number of the

seats to the petitioner-institutions, then the respondent-INC had

no power to reduce the intake capacity of the petitioners-

institutions.

3.4. Learned counsel also submitted that the petitioners-

institutions had already invested a huge sum of money for

establishing the institutions to run the Courses in question, and

the students have already been allocated and admitted after

allotment by the State Government. Therefore, as per learned

counsel, the impugned action herein is contrary to the provisions

of law.

3.5. Learned counsel further submitted that in pursuance of the

interim orders passed by this Court in all the instant writ petitions,

the students were allowed to appear in counseling. The

petitioners-institutions had admitted the students as per the NOC

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granted by the State Government and the students are pursuing

their studies in the petitioners-institutions.

4. On the other hand, learned counsel appearing on behalf of

the respondents opposed the aforesaid submissions made on

behalf of the petitioners-institutions.

4.1. Learned counsel for the respondents submitted that the

petitioners-institutions did not submit the requisite application in

the prescribed format within the stipulated period seeking

enhancement in the number of seats, as claimed to have been

permitted/approved by the State Government, and therefore, the

petitioners-institutions were not included in the counseling with

regard to the claimed intake capacity for the Courses in question.

4.2. Learned counsel further submitted that it is not disputed that

the power to grant recognition to the nursing institutions in the

State vests with the State Nursing Council/ State Government,

and that, the respondent-INC does not claim the same in regard

to running of the Courses in question in any of the institutions in

the State, but the INC is having the right to inspect the Nursing

institutions, so as to ensure that such institutions maintain the

minimum requisite standards of nursing education, as it pertains

to health services in the State.

4.3. It was further submitted that the respondent-INC had

conducted the inspection of the petitioners-institutions, in terms of

Sections 13 and 14 of the Act of 1947, and thereafter, on the basis

of the said inspection, the Executive Committee found the

petitioners-institutions to be suitable for respective seats only, as

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the strength of the seats commensurates to the availability of the

infrastructure, clinical facility and teaching faculty of the institution

concerned.

4.4. It was also submitted that as per the general practice, the

NOC is granted to the concerned institution(s) subject to its

meeting the guidelines laid down by the INC. In the present case,

after the inspection of the petitioners-institutions, it was found

that the institutions are suitable for respective seats only, and

therefore, the entire action as taken herein, is justified in law.

4.5. It was further submitted that the petitioners-institutions

were deficient in many aspects, like not having proper teaching

faculty and proper infrastructural facilities, and thus, on count of

such deficiencies having not been removed by the petitioners-

institutions, they are not eligible for grant of NOC/permission to

run the Courses in question with the intake capacity, as claimed by

them.

5. Heard learned counsel for the parties as well as perused the

record of the case.

6. This Court observes that all the present petitioners-

institutions in all the aforementioned writ petitions have submitted

an application for issuance of the NOC for opening new GNM

Nursing College, B.Sc. Nursing Course, Post-B.Sc. Nursing Course

and M.Sc. (N) Nursing Course with certain intake capacity, as

claimed by them, and the same was duly issued by the State

Government to run the aforementioned Courses in question.

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7. This Court further observes that after issuance of the NOC by

the State Government, the respondent-INC, conducted the

inspection of the petitioners-institutions, and thereafter, the

respondent-INC allocated lesser intake capacity, than the one

already sanctioned/approved by the State Government.

8. This Court also observes that in Special Appeal (D.B.S.A.W.

No. 508/2018-Indian Nursing Council Vs Kamaksha &

Ors.), a Division Bench of this Hon'ble Court vide order dated

02.09.2019 observed that the respondent-INC does not have

power to recognize the nursing institutions, but has ample powers

to conduct the necessary inspection of the institution(s)

concerned. Relevant portion of the said order is reproduced as

hereunder:-

"It is, therefore, clear from the above provisions that the Central Council acting through the Executive Committee has ample powers to inspect recognized institutions, colleges etc. which are recognized by the State Council. This is in furtherance to the Union's powers of coordination and determination of standards under Entry No. 66 of the List-1 of the VII Schedule to the Constitution of India. Being primarily, a standard setting and coordinating body, the Council is empowered with consequential power to ensure compliance, by way of constant oversight. At the same time, this Court is of the opinion that such a power of inspection cannot be invoked arbitrarily and must be for some reason expressly recorded in its files. The mode of taking action pursuant to any deficiency found would also entail active involvement of the State Council, which is primarily seized of matters regarding recognition, enforcement etc. Natural justice and a degree of fairness is involved and has to necessarily be followed if recognition, once granted, is sought to be withdrawn.

In the light of the above reasons and the formulation of law approved by the Full Bench of the Kerala High Court clearly

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emerges that the Central Council does not have the power to recognise institutions, which is a power vested with the State Council. The Central Council through the Executive Committee can ensure inspection, as and when needed and based upon such inspection reports, which of course has to be supplied to the concerned institution and the State Government. Inputs are to be received under Section 13 from the State, after which, adverse action can be taken, if warranted.

During the course of the hearing, learned counsel has submitted that the Central Council would have the power to grant recognition as is evident from Section 3. In the opinion of this Court, that argument is not correct or accurate. Section 3 deals with the constitution of the committee and election to the Central Council. For the purposes of election, the consideration of recognition would be in accordance with the standards that the Central Committee Council might prescribe. However, those are quite independent from the autonomy granted by the State to its State Committee to recognise or refuse to recognise institutions falling within the territory of each State."

8.1. This Court further observes that the State Government and

the respondent-INC also issued communications, wherein the

aforementioned proposition was reflected.

9. This Court also observes that it is clear that the petitioners-

institutions are having the NOC issued by the State Government

though in the years 2000, 2003, 2005, 2006, 2007, 2008, 2009,

2010, 2011, 2012 & 2013, to run the aforementioned Courses in

question with the claimed intake capacity, but the respondent-INC

allowed the petitioners-institutions to run the aforementioned

Courses in question with lesser intake capacity than the one

sanctioned/approved by the State Government, after inspection of

the petitioners-institutions particularly, with regard to the

infrastructural facilities available in the institutions. It is settled

[2023:RJ-JD:35677] (19 of 21) [CW-15732/2022]

that the respondent-INC has no power to recognize the nursing

institutions, and that, the petitioners-institutions admitted the

students as per the NOC issued to them by the State Government

with the claimed intake capacity.

10. This Court further observes that the students of the

petitioners-institutions are continuing with the aforementioned

Courses in question and were provisionally allowed to participate

in the counselling process by virtue of the interim orders passed

by this Hon'ble Court in the respective writ petition(s).

11. This Court also observes that it is clear that the petitioners-

institutions are recognized institutions having been issued the NOC

by the State Government, in the years 2000, 2003, 2005, 2006,

2007, 2008, 2009, 2010, 2011, 2012 & 2013, to run the

aforementioned Courses in question with the claimed intake

capacity, and even the respondent-INC granted recognition to

them for running the Courses in question, though with lesser

intake capacity than the one already sanctioned/approved by the

State Government vide the NOC so issued. The petitioners-

institutions admitted the students as per the State Government's

NOC, and therefore, it is not a case where any irregularity or

illegality was committed by the petitioners-institutions, in granting

such admissions, in the aforementioned Courses in question for

the respective academic session(s).

12. This Court further observes that the students are pursuing

the aforementioned Courses in question in the petitioners-

institutions, and were also allowed to participate in the counseling

[2023:RJ-JD:35677] (20 of 21) [CW-15732/2022]

process for the respective academic session(s) by virtue of the

interim orders passed by this Court. The students, who took

admission in the petitioners-institutions to pursue the

aforementioned Courses in question are young students, and

cannot be penalized or made to suffer only on technical grounds.

12.1. 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 aforementioned Courses in

question as per the State Government's NOC for the respective

academic session(s), as admitted by virtue of the interim orders of

this Hon'ble Court, are ordered to be allowed to continue with

their studies in the aforementioned Courses in question.

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

[2023:RJ-JD:35677] (21 of 21) [CW-15732/2022]

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 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

petition(s). All pending applications also stand disposed of.

(DR. PUSHPENDRA SINGH BHATI), J.

SKant/-

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