Rajasthan High Court - Jodhpur
The State Of Rajasthan vs Times College Of Nursing ... on 1 March, 2024
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Spl. Appl. Writ No. 11/2023
State Of Rajasthan, Through The Secretary, Department Of
Medical And Health (Group-3), Government Of Rajasthan, Jaipur.
----Appellant
Versus
Private Physiotherapy, Nursing And Paramedical Institution
Society, Office Address Plot No. 273 Subhash Nagar, Pal Road,
Jodhpur, Rajasthan Through Its Secretary Dilip Tiwari S/o Shri
Anand Ram Tiwari, Aged About 62 Years.
----Respondent
Connected With
D.B. Spl. Appl. Writ No. 53/2023
1. State Of Rajasthan, Through Its
Principal Secretary, Department
Medical And Health,
Government Of Rajasthan,
Government Secretariat, Jaipur.
2. Joint Secretary (Group-3),
Medical And Health
Department, Government Of
Rajasthan, Government
Secretariat, Jaipur (Rajasthan).
----Appellants
Versus
1. Annpurna Medical Training
(College Of Nursing), Sikar
Jaipur Road Sikar 332001
Rajasthan Through Its
Secretary Shri Om Prakash
Sharma S/o Shri Partu Ram,
Aged About 55 Years.
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, Having Office Address
At Plot No.273, Subhash Nagar,
Pal Road, Jodhpur, Rajasthan.
----Respondents
D.B. Spl. Appl. Writ No. 56/2023
State Of Rajasthan, Through The Secretary, Department Of
Medical And Health (Group-3) , Government Of Rajasthan,
Jaipur.
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----Appellant
Versus
1. Shaheed Bhai Sukha Singh
Mehtab Singh Charitable
Foundation, (Sant Baba Fateh
Singh Chanan Singh Nursing
Institute), Vill 5 N P Dabla
(Budha Johar), Tehsil
Raisinghnagar, Distt.
Sriganganagar Through Its
Representative Karanveer
Singh S/o Shri Balvinder Singh,
Aged About 38 Years.
2. Rajasthan Nuringh Council,
Through Its Registrar, B 39
Sardar Patel Marg, C Scheme,
Jaipur (Rajasthan).
3. Private Physiotherapy, Nursingh
And Para Medical Institutions
Society, Having Office Address
At Plot No 273, Subhash Nagar,
Pal Road, Jodhpur, Rajasthan.
----Respondents
D.B. Spl. Appl. Writ No. 72/2023
State Of Rajasthan, Through Its Principal Secretary, Medical And
Health (Group-3) Department, Government Of Rajasthan,
Government Secretariat, Jaipur (Rajasthan).
----Appellant
Versus
1. Navjeevan Shikshan Sansthan
(Navjeevan College Of B.sc.
Nursing), Khuri Bari,
Laxmangarh, Sikar, Rajasthan,
Through Its Secretary Shri
Sunil Kumar S/o Shri Banwar
Lal Aged About 37 Years.
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
D.B. Spl. Appl. Writ No. 73/2023
1. State Of Rajasthan, Through Its
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Principal Secretary, Medical And
Health Department,
Government Of Rajasthan,
Government Secretariat, Jaipur
(Rajasthan).
2. Joint Secretary (Group-3),
Medical And Health
Department, Government Of
Rajasthan, Government
Secretariat, Jaipur (Rajasthan).
----Appellants
Versus
1. Anupama Medical Prashikshan
Sansthan, Jeevan Nagar, Sikar,
Rajasthan, Through Its
Secretary Shree Rajendra Modi
S/o Shri Bhanwat Lal Modi,
Aged About 58 Years.
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, Having Office Address
At Plot No. 273, Subhash
Nagar, Pal Road, Jodhpur,
Rajasthan.
----Respondents
D.B. Spl. Appl. Writ No. 75/2023
State Of Rajasthan, Through The Principal Secretary, Medical
And Health Department, Government Of Rajasthan, Government
Secretariat, Jaipur (Rajasthan).
----Appellant
Versus
1. Smt. Savitri Bai Fule Memorial
Sansthan, Bahwara Near
Daulatpura Toll Plaza, Express
Highway Jaipur, Rajasthan
Through Its Deputy Secretary
Shri Subhash Chand Saini S/o
Shri Arjun Lal Saini, Aged
About 42 Years.
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
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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, Having Office Address
At Plot No. 273, Subhash
Nagar, Pal Road, Jodhpur
Rajasthan.
----Respondents
D.B. Spl. Appl. Writ No. 76/2023
State Of Rajasthan, Through Its Principal Secretary, Department
Of Medical And Health, Government Of Rajasthan, Government
Secretariat, Jaipur (Rajasthan).
----Appellant
Versus
1. Chaudhary Kanaram Dhaka
Memorial Sansthan (Ckrd
Memorial School Of Nursing),
Dhigal, Nawalgarh Road, Tehsil
Nawalgarh, District Jhunjhunu,
Rajasthan Through Its
Representative Shri Faruk
Sayed S/o Shri Sayed, Aged
About 37 Years.
2. Rajasthan Nursing Council,
Through Its Registrar, B-39,
Sardar Patel Marg, C-Scheme,
Jaipur (Rajasthan).
3. Private Physiotherapy, Nursingh
And Para Medical Institutions
Society, Having Office Address
At Plot No. 273, Subhash
Nagar, Pal Road, Jodhpur
Rajasthan.
----Respondents
D.B. Spl. Appl. Writ No. 77/2023
The State Of Rajasthan, Through The Secretary Department Of
Medical And Health, Government Secretariat, Jaipur
----Appellant
Versus
1. Deepshikha Kala Sansthan,
Having Its Registered Office At
Sector 3, Varun Path,
Mansarovar, Jaipur, Through Its
Director Mr. Prem Surana S/o
Nirmal Kumar Surana, Age 66
Years, R/o 08 Gaurav Nagar,
Near Cm House, Civil Lines,
Jaipur.
2. Rajasthan Nursing Council,
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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, Having Office Address
At Plot No.273, Subhash Nagar,
Pal Road, Jodhpur, Rajasthan.
----Respondents
D.B. Spl. Appl. Writ No. 78/2023
State Of Rajasthan, Through Its Principal Secretary, Medical And
Health Department, Government Of Rajasthan, Government
Secretariat Jaipur (Rajasthan).
----Appellant
Versus
1. Shri Balaji Shikshan Sansthan,
C/o 205, Subhash Nagar,
Bhilwara, Rajasthan, Through
Its President Shree Pramod
Tiwari S/o Shri Gopal Lal Tiwari
S/o Shri Gopal Lal Tiwari, Aged
About 37 Years.
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, Having Office Address
At Plot No.273, Subhash Nagar,
Pal Road, Jodhpur Rajasthan.
----Respondents
D.B. Spl. Appl. Writ No. 79/2023
The State Of Rajasthan, Through The Secretary, Department Of
Medical And Health, Government Of Rajasthan, Government
Secretariat Jaipur.
----Appellant
Versus
1. Times College Of Nursing
Hanumangarh Town,
Hanumangarh Rajasthan
Through Its Parental Body
Times Educational Society,
Hanumangarh Town
Hanumangarh Through
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Chairman Sagarmal Laddha S/o
Shri Bhagirathmal, By Caste
Agarwal, Aged About 64 Years,
Resident Of Hanumangarh
(Raj.).
2. Rajasthan Nuring 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. Rajasthan Private Nursing
School College Federation, Lal
Kothi, Jaipur Through Its
President.
5. Private Physiotherapy Nursing
And Para Medical Institutions
Society, Having Office Address
At Plot No 273, Subhash Nagar,
Pal Road, Jodhpur Rajasthan.
----Respondents
D.B. Spl. Appl. Writ No. 80/2023
State Of Rajasthan, Through The Principal Secretary Department
Of Medical And Health, Government Of Rajasthan, Government
Secretariat, Jaipur (Rajasthan).
----Appellant
Versus
1. Murli Singh Yadav B. Sc.
Nursing Clg, Karni Colony,
Udairamsar, Bikaner Run By
Society Murli Singh Yadav
Memorial Prashikshan Sinsthan,
Udairamsar, Bikaner Through
Its Secretary Kuldeep Yadav S/
o Manmohan Singh Yadav,
Aged 44 Years, R/o Karni
Coach, Udairamsar, District
Bikaner (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. Rajasthan Private Nursing
School College Federation,
Lalkothi, Jaipur Through Its
President.
----Respondents
D.B. Spl. Appl. Writ No. 90/2023
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State Of Rajasthan, Through The Secretary, Department Of
Medical And Health (Group-3), Government Of Rajasthan, Jaipur.
----Appellant
Versus
1. Shaheed Bhai Sukha Singh
Mehtab Singh Charitable
Foundation, (Sant Baba Fateh
Singh Chanan Singh Nursing
Institute), Vill. 5 N.p. Dabla
(Budha Johar), Tehsil
Raisinghnagar, Dist. Sri
Ganganagar (Rajasthan),
Through Its Representative Shri
Karanveer Singh S/o Shri
Balvinder Singh, Aged About 38
Years.
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
D.B. Spl. Appl. Writ No. 92/2023
State Of Rajasthan, Through Its Principal Secretary, Department
Of Medical And Health, Government Of Rajasthan, Government
Secretariat, Jaipur.
----Appellant
Versus
1. Shree Vinayak Institute Of
Medical Technology, Address
Rajat Path Mansarovar, Jaipur,
Rajasthan Through Its
Representative Sayar Parihar
S/o Shri Kana Ram Parihar,
Aged About 27 Years.
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
D.B. Spl. Appl. Writ No. 103/2023
State Of Rajasthan, Through The Principal Secretary, Medical
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And Health Department, Government Of Rajasthan, Government
Secretariat, Jaipur (Rajasthan).
----Appellant
Versus
1. Gayatri Vidhyapeeth, (Nimt
College Of Nursing), 1-4 Indira
Gandhi Nagar, Bagrana, Post
Kanota, Agra Road, Jaipur,
Rajasthan, Through Its
Representative Shri Rishi
Sharma S/o Shri Damodar
Sharma, Aged About 35 Years.
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 Having Office Address
At Plot No. 273, Subhash
Nagar, Pal Road, Jodhpur
Rajasthan.
----Respondents
D.B. Spl. Appl. Writ No. 104/2023
State Of Rajasthan, Through Its Principal Secretary, Medical And
Health Department, Government Of Rajasthan, Government
Secretariat, Jaipur (Rajasthan).
----Appellant
Versus
1. Choudhary Kana Ram Dhaka
Memorial Nursing College, Vpo
Dhingal, Jaipur Highway,
Jhunjhunu, (Rajasthan),
Through Its Representative,
Shri Faruk Sayed S/o Shri
Sadik Sayed, Aged About 37
Years.
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
D.B. Spl. Appl. Writ No. 106/2023
1. State Of Rajasthan, Through Its
Principal Secretary, Department
Of Medical And Health,
Government Of Rajasthan,
Government Secretariat, Jaipur
(Rajasthan).
2. Additional Director, Medical And
Health (Group-Iii) Department,
Government Of Rajasthan,
Jaipur.
----Appellants
Versus
1. S.r. Bal Vidhya Mandir Samiti
(Shri Krishna School Of
Nursing), C/o 412, Master Ji Ki
Dhani Bhainsawa, Via- K.
Renwal The. K. Renwal, Jaipur,
Rajasthan Through Its
Secretary Shri Harphool Singh
S/.o Shri Sawai Ram Jat, Aged
About 43 Years.
2. Rajasthan Nursing Council,
Through Its Registrar B-39
Sardar Patel Marg, C-Scheme,
Jaipur, Rajasthan
3. Rajasthan Private Nursing
School College Federation,
Through Its President, 357
Laxmi Nagar, Paota B-Road,
Jodhpur, Rajasthan
----Respondents
D.B. Spl. Appl. Writ No. 109/2023
State Of Rajasthan, Through Its Principal Secretary Medical And
Health Department, Government Of Rajasthan, Government
Secretariat, Jaipur (Rajasthan).
----Appellant
Versus
1. Gayatri Vidhyapeeth, (Shree
Ram College Of Nursing), 45-
48 Vivek Vihar, Post Kanota,
Jaipur, Rajasthan, Through Its
Representative Shri Rishi
Sharma S/o Shri Damodar
Sharma, Aged About 36 Years.
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
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Registrar, Kumbha Marg, Pratap
Nagar, Jaipur, Rajasthan.
4. Private Physiotherapy, Nursing
And Para Medical Institutions
Society, Through Its Secretary,
Plot No 273, Subhash Nagar,
Pal Road, Jodhpur Rajasthan.
----Respondents
D.B. Spl. Appl. Writ No. 110/2023
State Of Rajasthan, Through The Secretary, Department Of
Medical And Health (Group-3), Government Of Rajasthan, Jaipur.
----Appellant
Versus
1. Surendera Nursing Training
Institute, A Unit Od Late Smt.
Vidyawanti Ladhu Ram
Foundation For Science
Research And Social Welfare,
H.h. Gardens, Chak 1-E Chhoti,
Sri Ganganagar Through The
Secretary Of The Trust Gorav
Gupta S/o Late Shri Surendra
Kumar Aggarwal, By Caste
Aggarwal, Aged About 49
Years, R/o H. H. Gardens Chak
1 E Chhoti, Sri Ganganagar.
2. Rajasthan University Of Health
Sciences, Through Its Registrar,
Sector 18, Pratap Nagar, Jaipur.
3. Rajasthan Nursing Council,
Through Its Registrar, B 39,
Sardar Patel Marg, C Scheme,
Jaipur (Rajasthan).
4. Indian Nursingh Council,
Through Its Secretary,
Combined Councils Building,
Kotla Road, Temple Lane, New
Delhi.
5. The President, Rajasthan
Private Nursingh School,
College Federation, E 277,
Nakul Path, Lal Kothi Yojana,
Jaipur.
6. The Secretary, Private
Physiotherapy, Nursingh And
Para Medical Institutions
Society, Plot No 273, Subhash
Nagar Pal Road, Jodhpur.
7. The Chairman, Nursing
Counselling Board 2021 Ruhs
College Of Dental Sciences,
Wqqv 47R, Jothwara Road,
Subhash Nagar, Shastri Nagar
Near Tb Hospital, Jaipur.
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----Respondents
D.B. Spl. Appl. Writ No. 111/2023
State Of Rajasthan, Through Its Principal Secretary, Medical And
Health (Group-3) Department, Government Of Rajasthan,
Government Secretariat, Jaipur (Rajasthan).
----Appellant
Versus
1. Durga Devi Memorial Education
Trust, (R R College Of Nursing),
141-142, Shri Hanuman City,
Near Sitapura Puliya, Tonk
Road, Jaipur, Rajasthan,
Through Its Managing Trustee
Madan Mohan Sharma S/o Shri
Ram Lal Sharma, Aged About
43 Years.
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, Having Office Address
At Plot No 273, Subhash Nagar,
Pal Road, Jodhpur, Rajasthan.
----Respondents
D.B. Spl. Appl. Writ No. 112/2023
State Of Rajasthan, Through Its Principal Secretary, Medical And
Health Department, Government Of Rajasthan, Government
Secretariat, Jaipur (Rajasthan).
----Appellant
Versus
1. Shri Bajrang B.sc Nursing
College, Deeg, Bharatpur,
Under The Management Of Shri
Bajang Vidhyalay Samiti, Deeg
Bharatpur, Through Its
Secretary Mahesh Chand
Sharma S/o Sh. Parsadi Lal
Sharma, Aged About 58 Years,
Resident Of Bhuda Gate, Deeg,
Bharatpur (Raj.)
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
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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.
----Respondents
D.B. Spl. Appl. Writ No. 114/2023
State Of Rajasthan, Through Its Principal Secretary, Department
Of Medical And Health, Government Of Rajasthan, Government
Secretariat Jaipur (Rajasthan).
----Appellant
Versus
1. Geetanjali College Of Nursing,
Borawar, Nagaur, Under The
Management Of Getanjali
Shikshan Sansthan, Borawar,
Tehsil Makrana, District Nagaur
(Raj.), Through Its Secretary
Lal Mohammed Khan S/o Sh.
Saraj Ahmed, Aged About 53
Years, Deshwali, Mohalla,
Borawar, Tehsil Makrana,
District Nagaur (Raj.).
2. Rajasthan Nursing Council,
Through Its Registrar, B-39,
Sardar Patel Marg, C-Scheme,
Jaipur, (Rajasthan).
3. Rajasthan University Of Health
And Science, Through Is
Registrar, Kumbha Marg, Pratap
Nagar, Jaipur, Rajasthan.
4. Private Physiotherapy, Nursing
And Para Medical Institutions
Society, Having Office Address
At Plot No.273, Subhash Nagar,
Pal Road, Jodhpur, Rajasthan.
----Respondents
D.B. Spl. Appl. Writ No. 119/2023
State Of Rajasthan, Through Its Principal Secretary, Medical And
Health Department, Government Of Rajasthan, Government
Secretariat, Jaipur (Rajasthan).
----Appellant
Versus
1. Agrani Society For Education
And Development, (G.l. Saini
Memorial College Of Nursing),
7-8, Radha Nikunj, Rampura
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Mod, Iskan Road, Opp. Vijay
Path, Mansarover, Jaipur,
Rajasthan, Through Its Director
Dr. Pramod Pal S/o Shri Yash
Pal Yash, Aged About 40 Years.
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
D.B. Spl. Appl. Writ No. 120/2023
State Of Rajasthan, Through Its Principal Secretary, Department
Of Medical And Health, Government Of Rajasthan, Government
Secretariat, Jaipur (Rajasthan).
----Appellant
Versus
1. Shri Bajrang Nursing College,
Bharatpur Road, Deeg,
Bharatpur, Under The
Management Of Shri Bajrang
College Pharmacy Siksha
Samiti, Deeg Bharatpur,
Through Its Secretary Suresh
Chandra Sharma S/o Sh.
Parsadi Lal Sharma, Aged
About 63 Years, Resident Of
Bhuda Gate Deeg, Bharatpur,
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. 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.
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273, Subhash Nagar, Pal Road,
Jodhpur, Rajasthan.
----Respondents
D.B. Spl. Appl. Writ No. 128/2023
State Of Rajasthan, Through Its Principal Secretary, Medical And
Health Department, Government Of Rajasthan, Government
Secretariat, Jaipur (Rajasthan).
----Appellant
Versus
1. M.b. Health And Hygiene
Nursing Shikshan Sansthan,
(M.b. College Of Nursing),
Dungarpur Through Its
Secretary Shri Kapil Anand
Kalal S/o Shri Poonam Chand
Kalal, Aged About 41 Years, R/o
Shastri Colony, Badal Mahal
Road, Dungarpur-314001-
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 Rajsthan
4. Private Physiotherapy, Nursing
And Para Medical Institutions
Society, Branch Office Jodhpur
Through Its Secretary, Plot No
273, Subhash Nagar, Pal Road,
Jodhpur, Rajasthan.
5. Rajasthan Private Nursing
Schools And Colleges
Federation Federation, Through
Its Chairman, 357 Laxmi Nagar,
Paota B Road, Jodhpur,
Rajasthan 342001.
----Respondents
D.B. Spl. Appl. Writ No. 129/2023
State Of Rajasthan, Through Its Principal Secretary, Medical And
Health Department, Government Of Rajasthan, Government
Secretariat Jaipur (Rajasthan).
----Appellant
Versus
1. Bharatiya Educational, Cultural
And Welfare Trust, (Khwaja
Garib Nawaz College Of
Nursing), Nh 11, Fatehpur
Road, Near Sabalpura, Sikar,
Rajasthan, Through Its
Secretary Shri Khadim Hussain
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Khatri S/o Shri Mohammed
Yasin Khatri, Aged About 63
Years.
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
D.B. Spl. Appl. Writ No. 130/2023
State Of Rajasthan, Through Its Principal Secretary, Medical And
Health Department, Government Of Rajasthan, Government
Secretariat, Jaipur (Rajasthan).
----Appellant
Versus
1. Durga Devi Memorial
Educational Trust (R R College
Of Nursing), 141-142, Shri
Hanuman City, Near Sitapura
Puliya, Tonk Road, Jaipur,
Rajasthan Through Its
Managing Trustee Madan
Mohan Sharma S/o Shri Ram
Lal Sharma, Aged About 43
Years.
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
D.B. Spl. Appl. Writ No. 131/2023
State Of Rajasthan, Through Its Principal Secretary, Medical And
Health Department, Government Of Rajasthan, Government
Secretariat, Jaipur (Rajasthan).
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----Appellant
Versus
1. Vyas College Of Nursing, Haud
Pali Road, Jodhpur, Rajasthan
Through Its Principal Shri
Manish Saraswat S/o Late Shri
Satish Chand Sharma, Aged
About 40 Years.
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, Through Its Secretary,
Having Office Address At Plot
No. 273, Subhash Nagar, Pal
Road, Jodhpur, Rajasthan.
----Respondents
D.B. Spl. Appl. Writ No. 132/2023
1. State Of Rajasthan, Through Its
The Secretary, Medical And
Health (Group-Iii), Government
Of Rajasthan, Government
Secretariat, Jaipur.
2. Additional Director, Medical And
Health (Group-Iii) Department,
Government Of Rajasthan,
Jaipur.
----Appellants
Versus
1. Shri Maharashi Dadhich
Shiksha Samiti (Smd College Of
Nursing), Behind Semcor
Factory, Naya Nohra, Baran
Road, Kota, Rajasthan Through
Its Secretary Shri Raj Dadhich
S/o Shri R.n. Dadhich, Aged
About 43 Years.
2. Rajasthan Nuringh 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. Rajasthan Private Nursing
Schools And Colleges
Federation, Through Its
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Chairman, 357, Laxmi Nagar,
Paota B Road, Jodhpur
Rajasthan.
----Respondents
D.B. Spl. Appl. Writ No. 135/2023
State Of Rajasthan, Through Its Principal Secretary, Medical And
Health Department, Government Of Rajasthan, Government
Secretariat, Jaipur (Rajasthan).
----Appellant
Versus
1. 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 44
Years Resident Of Shyamnagar
Colony, Railway Station Road,
Chomu, Jaipur.
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. 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.
----Respondents
D.B. Spl. Appl. Writ No. 143/2023
State Of Rajasthan, Through Its Principal Secretary, Medical And
Health Department, Government Of Rajasthan, Government
Secretariat, Jaipur.
----Appellant
Versus
1. Gayatri Vidyapeeth (Shree Ram
School Of Nursing), 45-48
Vivek Vihar, Post Kanota, Agra
Road, Jaipur, Rajasthan
Through Its President Dr. R.d.
Sharma S/o Shri Krishna Gopal
Sharma, Aged About 64 Years.
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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, Having Office Address
At Plot No. 273, Subhash
Nagar, Pal Road, Jodhpur
Rajasthan.
----Respondents
D.B. Spl. Appl. Writ No. 144/2023
State Of Rajasthan, Through Its Principal Secretary, Medical And
Health Department, Government Of Rajasthan, Government
Secretariat, Jaipur (Rajasthan).
----Appellant
Versus
1. Shri Vinayaka Mission Medical
And Education Society,
(Symboiosis Institute Of
Nursing), Plot No 262, Sector
26 Pratap Nagar, Jaipur,
Rajasthan, Through Its
President Ram Babu Sharma S/
o Shri Ramji Lal Sharma, Aged
About 37 Years.
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, Sector 18, Kumbha
Marg, Pratap Nagar, Jaipur,
Rajasthan.
4. Private Physiotherapy, Nursing
And Para Medical Institutions
Society, Having Office Address
At Plot No 273, Subhash Nagar,
Pal Road, Jodhpur.
----Respondents
D.B. Spl. Appl. Writ No. 145/2023
State Of Rajasthan, Through Its Principal Secretary, Medical And
Health Department, Government Of Rajasthan, Government
Secretariat, Jaipur (Rajasthan).
----Appellant
Versus
1. Durga Devi Memorial
Educational Trust (R R College
Of Nursing), 141-142, Shri
Hanuman City, Near Sitapura
Puliya, Tonk Road, Jaipur,
Rajasthan Through Its
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Managing Trustee Madan
Mohan Sharma S/o Shri Ram
Lal Sharma, Aged About 43
Years.
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, Having Office Address
At Plot No. 273, Subhash
Nagar, Pal Road, Jodhpur,
Rajasthan.
----Respondents
D.B. Spl. Appl. Writ No. 146/2023
State Of Rajasthan, Through Its Principal Secretary, Medical And
Health Department, Government Of Rajasthan, Secretariat,
Jaipur.
----Appellant
Versus
1. Savitri Devi Nursing Institute
And Ors, Karni Colony,
Udairamsar, Bikaner Run By
Society Murli Singh Yadav
Memorial Prashikshan Sansthan
Udairamsar, Bikaner Through
Its Secretary Kuldeep Yadav S/
o Manmohan Singh Yadav,
Aged 36 Years, Resident Of
Karni Coach, Udairamsar,
District Bikaner (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, Having Office Address
At Plot No. 273, Subhash
Nagar, Pal Road, Jodhpur,
Rajasthan.
----Respondents
D.B. Spl. Appl. Writ No. 147/2023
State Of Rajasthan, Through The Secretary, Medical And Health
Department, Government Of Rajasthan, Government Secretariat,
Jaipur (Rajasthan).
----Appellant
Versus
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1. Bharatiya Educational, Cultural
And Welfare Trust, (Khwaja
Garib Nawaz College Of
Nursing), Nh-11, Fatehpur
Road, Near Sabalpura, Sikar,
Rajasthan, Through Its
Secretary Shri Khadim Hussain
Khatri S/o Shri Mohammed
Yasin Khatri, Aged About 63
Years.
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, Having Office Address
At Plot No 273, Subhash Nagar,
Pal Road, Jodhpur Rajasthan.
----Respondents
D.B. Spl. Appl. Writ No. 148/2023
State Of Rajasthan, Through The Secretary, Department Of
Medical And Health (Group-3), Government Of Rajasthan, Jaipur.
----Appellant
Versus
1. Maa Sharde Janhitay Seva
Sansthan, Maa Sharde
Nursingh School, Gangadtalai,
Banswara, Rajasthan, Through
Its President Shri Rajendra
Kumar Tailor S/o Shri Tola
Chand, Aged About 54 Years.
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, Having Office Address
At Plot No 273, Subhash Nagar,
Pal Road, Jodhpur, Rajasthan.
4. Rajasthan Private Nursingh
School And College Federation,
Through Its Chairman, 357,
Laxmi Nagar, Paota B Road,
Jodhpur, Rajasthan - 342001
----Respondents
D.B. Spl. Appl. Writ No. 149/2023
State Of Rajasthan, Through Its Principal Secretary, Medical And
Health Department, Government Of Rajasthan, Government
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Secretariat, Jaipur (Rajasthan).
----Appellant
Versus
1. Shri Matsaya Jan Kalyan
Samiti, Salauda Turn,
Gangapur City, Sawai
Madhopur, Rajasthan Through
Its Secretary Shree Arjun Lal
S/o Shri Kalu Ram, Aged About
76 Years.
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, Through Its Secretary,
Having Office Address At Plot
No. 273, Subhash Nagar, Pal
Road, Jodhpur, Rajasthan.
----Respondents
D.B. Spl. Appl. Writ No. 152/2023
State Of Rajasthan, Through Its Principal Secretary, Department
Of Medical And Health, Government Of Rajasthan, Government
Secretariat, Jaipur (Rajasthan).
----Appellant
Versus
1. Khwaja Garib Nawaz College Of
Nursing, Near Sabalpura,
Fatehpur Road, Nh-11, Sikar,
Rajasthan, Through Its
Chairman Shri Khadim Hussain
Khatri S/o Shri Mohammed
Yasin Khatri, Aged About 63
Years.
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.
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----Respondents
D.B. Spl. Appl. Writ No. 153/2023
The State Of Rajasthan, Through Its Principal Secretary, Medical
And Health Department, Government Of Rajasthan, Government
Secretariat, Jaipur (Rajasthan).
----Appellant
Versus
1. Mahatma Gandhi B.sc. Nursing
College, Bh-11, Pura Ki Dhani,
Post- Sabalpura, Sikar,
Rajasthan Through Its Director
Shri Dalu Ram S/o Shri Hadu
Ram, Aged About 55 Years.
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 Having Office Address
At Plot No. 273, Subhash
Nagar, Pal Road, Jodhpur
Rajasthan.
----Respondents
D.B. Spl. Appl. Writ No. 156/2023
State Of Rajasthan, Through The Secretary, Department Of
Medical And Health, Government Of Rajasthan, Government
Secretariat, Jaipur.
----Appellant
Versus
1. Global Vision Society (Abu
Nursing College), Village
Chandela, Aburoad, District
Sirohi, Rajasthan, Through Its
Secretary Shri Jabbar Singh S/
o Shri Tej Singh, Aged About
67 Years.
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, Having Office Address
At Plot No 273, Subhash Nagar,
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Pal Road, Jodhpur Rajasthan.
----Respondents
D.B. Spl. Appl. Writ No. 159/2023
State Of Rajasthan, Through Its Principal Secretary, Medical And
Health Department, Government Of Rajasthan, Government
Secretariat, Jaipur (Rajasthan).
----Appellant
Versus
1. Shri Bajrang B.sc Nursing
College, Deeg, Bharatpur,
Under The Management Of Shri
Bajrang Vidhyalay Samiti,
Deeg, Bharatpur Through Its
Secretary Mahesh Chand
Sharma S/o Sh. Parsadi Lal
Sharma, Aged About 58 Years,
Resident Of Bhuda Gate Deeg,
Bharatpur, Rajasthan.
2. Rajasthan Nuringh 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. 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.
----Respondents
D.B. Spl. Appl. Writ No. 161/2023
State Of Rajasthan, Through Its Principal Secretary, Medical And
Health Department, Government Of Rajasthan, Government
Secretariat, Jaipur (Rajasthan).
----Appellant
Versus
1. M.b. Health And Hygiene
Nursing Shikshan Sansthan,
(M.b. College Of Nursing),
Dungarpur Through Its
Secretary Shri Kapil Anand
Kalal S/o Shri Poonam Chand
Kalal, Aged About 41 Years, R/o
Shastri Colony, Badal Mahal
Road, Dungarpur - 314001 -
Rajasthan.
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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 Rajsthan
4. Private Physiotherapy Nursing
And Para Medical Institutions
Society, Having Office Address
At Plot No 273 Subhash Nagar
Pal Road, Jodhpur Rajasthan.
5. Rajasthan Private Nursing
Schools And Colleges
Federation, Through Its
Chairman 357 Laxmi Nagar
Paota B Road Jodhpur
Rajasthan
----Respondents
D.B. Spl. Appl. Writ No. 169/2023
State Of Rajasthan, Through Its Principal Secretary, Medical And
Health Department, Government Of Rajasthan, Government
Secretariat, Jaipur (Rajasthan).
----Appellant
Versus
1. Rukmani Devi Memorial
Nursing School, Under The
Management Of Rukmani Devi
Memorial Society, Sarkari
Hospital Ke Samne, Chirawa
District Jhunjhunu (Raj.)
Through Its Chairman Manish
Dhankar S/o Sh. Sumer Singh
Dhankar, Aged About 43 Years,
Resident Of Sarkari Hospital Ke
Samne, Chirawa District
Jhunjhunu (Raj.).
2. Rajasthan Nursing Council,
Through Its Registrar, B-39,
Sardar Patel Marg, C-Scheme,
Jaipur (Rajasthan).
3. Rajasthan Private Nursing
School And College Federation,
Lal Kothi, Jaipur Through Its
President.
4. Private Physiotherapy Nursing
And Para Medical Institutions
Society, Having Office Address
At Plot No. 273, Subhash
Nagar, Pal Road, Jodhpur
Rajasthan.
----Respondents
D.B. Spl. Appl. Writ No. 187/2023
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State Of Rajasthan, Through The Secretary, Medical And Health
Department, Government Of Rajasthan, Government Secretariat
Jaipur (Rajasthan).
----Appellant
Versus
1. Khwaja Garib Nawaz College Of
Nursing, Near Sabalpura,
Fatehpur Road, Nh-11, Sikar,
Rajasthan Through Its
Chairman Shri Khadim Hussain
Khatri S/o Shri Mohammed
Yasin Khatri, Aged About 63
Years.
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 Having Office Address
At Plot No. 273, Subhash
Nagar, Pal Road, Jodhpur
Rajasthan.
----Respondents
D.B. Spl. Appl. Writ No. 188/2023
The State Of Rajasthan, Through Its Secretary, Medical And
Health Department Government Of Rajasthan, Government
Secretariat, Jaipur (Rajasthan).
----Appellant
Versus
1. Ridhi Sidhi Education And
Research Society, A 343
Saraswati Nagar Jodhpur, Its
Secretary Ashok Bishnoi S/o
Malkan Singh, Age-34 Years,
Resident Of 5, Ratanada
Extension Scheme, Jodhpur.
2. Rajasthan Nursing Council,
Through Its Registrar B 39
Sardar Patel Marg C Scheme
Jaipur
3. Rajasthan University Of Health
And Science, Through Its
Registrar Kumbha Marg Pratap
Nagar Jaipur
4. Rajasthan Private Nursing
School And College Federation,
Through Its Chairman 357
Laxmi Nagar Paota B Road
Jodhpur Raj
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----Respondents
D.B. Spl. Appl. Writ No. 196/2023
State Of Rajasthan, Through Its Principal Secretary Medical And
Health Department Government Of Rajasthan Government
Secretariat Jaipur Rajasthan
----Appellant
Versus
1. R R College Of Nursing, 141
142 Shri Hanuman City Near
Sitapuriya Pulia Tonk Road
Jaipur Through Its Principal Sh
Rajkumar Gill S/o Hanuman
Sahai Shatma, Aged About 39
Years.
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 Rajsthan
4. Private Physiotherapy Nursing
And Para Medical Institutions
Society, Having Office Address
At Plot No 273 Subhash Nagar
Pal Road Jodhpur Rajasthan
----Respondents
D.B. Spl. Appl. Writ No. 197/2023
State Of Rajasthan, Through Its Principal Secretary Medical And
Health Department Government Of Rajasthan Government
Secretariat Jaipur Rajasthan
----Appellant
Versus
1. Murali Yadav Memorial Nursing
Institute, Karni Coach
Udairamsar Bikaner Being Run
By Society Murali Singh Yadav
Memorial Prashikshan
Sansthan, Udairamsar, Bikaner
Through Its President Kuldeep
Yadav S/o Manmohan Singh
Yadav, Aged 36 Years, Resident
Of Karni Coach, Udairamsar,
District Bikaner.
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 Rajsthan
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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
D.B. Spl. Appl. Writ No. 201/2023
The State Of Rajasthan, Through Its Principal Secretary, Medical
And Health Department, Government Of Rajasthan, Government
Secretariat, Jaipur (Rajasthan).
----Appellant
Versus
1. Times College Of Nursing,
Hanumangarh Town,
Hanumangarh, Rajasthan
Through Its Parental Body
Times Educational Society,
Hanumangarh Town,
Hanumangarh, Through Its
Secretary Gopal Kishan Laddh
S/o Sh. Bhagirathmal Laddh,
Aged About 53 Years, Resident
Of 184, Punjabi Mohalla,
Hanumangarh Town (Raj.).
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 Rajsthan
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 It Secretary
Secretariat Jaipur Rajasthan
----Respondents
D.B. Spl. Appl. Writ No. 202/2023
State Of Rajasthan, Through Its Principal Secretary, Medical And
Health Department, Government Of Rajasthan, Government
Secretariat, Jaipur (Rajasthan).
----Appellant
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Versus
1. Maa Jijabai College Of Nursing,
Under The Management Of Maa
Jijabai Shikshan Sansthan,
Through Its Chairman Sunil
Sharma S/o Girdhari Lal
Sharma, Aged About 43 Years
R/o Ward No. 8, Railway
Station Road, Chomu, District
Jaipur.
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 Rajsthan
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.
----Respondents
D.B. Spl. Appl. Writ No. 206/2023
State Of Rajasthan, Through Its Principal Secretary Medical And
Health Department Government Of Rajasthan Government
Secretariat Jaipur Rajasthan
----Appellant
Versus
1. Geetanjali College Of Nursing,
Borawar Tehsil Makrana District
Nagaur Rajasthan Under The
Management Of Geetanjali
Shikshan Sansthan, Through
Its Secretary Lal Mohammed
Khan S/o Saraj Ahmed, Aged
About 53 Years.
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 Rajsthan
4. Private Physiotherapy Nursing
And Para Medical Institutions
Society, Having Office Address
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At Plot No 273 Subhash Nagar
Pal Road Jodhpur Rajasthan
----Respondents
D.B. Spl. Appl. Writ No. 207/2023
State Of Rajasthan, Through The Secretary Department Of
Medical And Health Government Of Rajasthan Government
Secretariat Jaipur
----Appellant
Versus
1. Shri Matsaya Jan Kalyan
Samiti, Salauda Turn Gangapur
City Sawai Madhopur
Rajasthan,through Its
Secretary Arjun Lal S/o Kalu
Ram, Aged About 76 Years.
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 Rajsthan
4. Private Physiotherapy Nursing
And Para Medical Institutions
Society, Through Having Office
Address At Plot No 273
Subhash Nagar Pal Road
Jodhpur Rajasthan
----Respondents
D.B. Spl. Appl. Writ No. 209/2023
State Of Rajasthan, Through Its Principal Secretary, Medical And
Health Department, Government Of Rajasthan, Government
Secretariat, Jaipur (Rajasthan).
----Appellant
Versus
1. Times College Of Nursing,
Hanumangarh Town,
Hanumangarh, Rajasthan
Through Its Parental Body
Times Educational Society,
Hanumangarh Town,
Hanumangarh, Through Its
Secretary Gopal Kishan Laddh
S/o Sh Bhagirathmal Laddh,
Aged About 53 Years, Resident
Of 184, Punjabi Mohalla,
Hanumangarh Town, (Raj.).
2. Rajasthan Nursing Council,
Through Its Registrar B 39
Sardar Patel Marg C Scheme
Jaipur Rajasthan
3. Rajasthan University Of Health
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And Science, Through Its
Registrar Kumbha Marg Pratap
Nagar Jaipur Rajsthan
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.
----Respondents
D.B. Spl. Appl. Writ No. 210/2023
State Of Rajasthan, Through Its Principal Secretary Medical And
Health Department Government Of Rajasthan Government
Secretariat Jaipur Rajasthan
----Appellant
Versus
1. Skill Development Trust,
(Maharaja Agrasen College Of
Nursing) Suratgarh District
Sriganganagar Rajasthan
Through Its Secretary Sh
Naveen Khemka S/o Govind
Ram Khemka, Aged About 37
Years.
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 Rajsthan
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
D.B. Spl. Appl. Writ No. 218/2023
State Of Rajasthan, Through The Secretary Department Of
Medical And Health Government Of Rajasthan Government
Secretariat Jaipur
----Appellant
Versus
1. Maa Jijabai College Of Nursing,
Under The Management Of Maa
Jijabai Shikshan Sansthan,
Through Its Chairman Sunil
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Sharma S/o Girdhari Lal
Sharma, Aged About 43 Years,
Resident Of Ward 8, Railway
Station Road, Chomu, District
Jaipur.
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. Rajasthan Private Nursing
School College Federation, Lal
Kothi, Jaipur Through Its
President.
5. Private Physiotherapy, Nursing
And Para Medical Institutions
Society Having Office Address
At Plot No. 273, Subhash
Nagar, Pal Road, Jodhpur
Rajasthan.
----Respondents
D.B. Spl. Appl. Writ No. 228/2023
State Of Rajasthan, Through Its Principal Secretary, Medical And
Health Department, Government Of Rajasthan, Government
Secretariat, Jaipur.
----Appellant
Versus
1. Ambika Vikas Sansthan
(Ambika School Of Nursing), B-
22, Saraswati Nagar, Bassni
Jodhpur Rajasthan Through Its
Authorized Secretary Deepak
Shrivastav S/o Shri S.p.
Shrivastav, Aged About 65
Years.
2. Rajasthan Nursing Council,
Through Its Registrar, B-39
Sardar Patel Marg, C-Scheme,
Jaipur.
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, Having Office Address
At Plot No 273, Subhash Nagar,
Pal Road, Jodhpur Rajasthan.
----Respondents
D.B. Spl. Appl. Writ No. 235/2023
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State Of Rajasthan, Through Its Principal Secretary, Medical And
Health Department, Government Of Rajasthan, Government
Secretariat, Jaipur (Rajasthan).
----Appellant
Versus
1. Ambika Vikas Sansthan,
(Ambika School Of Nursing), B
22 Saraswati Nagar, Bassni,
Jodhpur Rajasthan Through Its
Authorized Secretary Deepak
Shrivastav S/o Shri S.p.
Shrivastav, Aged About 65
Years.
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,
Office Jodhpur Through Its
Secretary, Plot No 273,
Subhash Nagar, Pal Road,
Jodhpur, Rajasthan..
----Respondents
D.B. Spl. Appl. Writ No. 236/2023
State Of Rajasthan, Through Its Principal Secretary, Medical And
Health Department, Government Of Rajasthan, Government
Secretariat, Jaipur (Rajasthan).
----Appellant
Versus
1. Mahatma Gandhi Seva
Sansthan, Rajasthan, Lawan,
Dausa, Rajasthan, Through Its
Representative Shri Jitendra
Kumar S/o Shri Govind
Narayan, Aged About 47 Years.
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. Rajasthan Private Nursing
Schools And Colleges
Federation, Through Its
Chaiman, 357, Laxmi Nagar,
Paota B Road, Jodhpur,
Rajasthan 342001.
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----Respondents
D.B. Spl. Appl. Writ No. 241/2023
State Of Rajasthan, Through Its Principal Secretary, Medical And
Health Department, Government Of Rajasthan, Government
Secretariat, Jaipur (Rajasthan).
----Appellant
Versus
1. Mahatma Gandhi B.sc. Nursing
College, Nh 11 Pura Ki Dhani
Post Sabalpura Sikar Rajasthan
Through Its Director Shri Dalu
Ram S/o Hadu Ram, Aged
About 55 Years.
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 Rajsthan
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
D.B. Spl. Appl. Writ No. 242/2023
State Of Rajasthan, Through Its Principal Secretary, Medical And
Health Department, Government Of Rajasthan, Government
Secretariat, Jaipur (Rajasthan).
----Appellant
Versus
1. Agrani Society For Education
And Development, (G.l. Saini
Memorial Institute Of Nursing)
57 Gopal Nagar, Gopalpura
Bypass, Jaipur, Rajasthan,
Through Its President Dr
Pramod Pal S/o Yashpal Yash,
Aged About 40 Years.
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, Having Office Address
At Plot No 273, Subhash Nagar,
Pal Road, Jodhpur Rajasthan.
----Respondents
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D.B. Spl. Appl. Writ No. 243/2023
The State Of Rajasthan, Through The Se4Cretary, Department Of
Medical And Health, Government Of Rajasthan, Government
Secretariat, Jaipur.
----Appellant
Versus
1. Raj Jindal Hospital And
Research Center Pvt. Ltd., S.p.
Mukherjee Nagar, Bharatpura
Rajasthan, Through Its Director
Lokesh Jindal S/o P.r. Jindal,
Aged About 51 Years, R/o 61-A,
Ranjeet Nagar, Bharatpur
(Raj.).
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. Rajasthan Private Nursingh
School College Federation, Lal
Kothi, Jaipur, Through Its
President.
5. Private Physiotherapy Nursingh
And Para Medical Institutions
Society, Having Office Address
Plot No 273, Subhash Nagar,
Pal Road, Jodhpur, Rajasthan.
----Respondents
D.B. Spl. Appl. Writ No. 244/2023
State Of Rajasthan, Through Its Principal Secretary, Department
Of Medical And Health, Government Of Rajasthan, Government
Secretariat, Jaipur (Rajasthan).
----Appellant
Versus
1. Mahatma Gandhi Seva
Sansthan, Rajasthan, Lawan,
Dausa, Rajasthan, Through Its
Representative Shri Jitendra
Kumar S/o Shri Govind
Narayan, Aged About 47 Years.
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. Rajasthan Private Nursing
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School College Federation,
Through Its Chairman, 357
Laxmi Nagar, Paota B Road,
Jodhpur, Rajasthan.
----Respondents
D.B. Spl. Appl. Writ No. 247/2023
State Of Rajasthan, Through Its Principal Secretary, Medical And
Health Department, Government Of Rajasthan, Government
Secretariat, Jaipur (Rajasthan).
----Appellant
Versus
1. Gayatri Vidhyapeeth (Shree
Ram College Of Nursing), 45-
48 Vivek Vihar, Post Kanota,
Jaipur, Rajasthan Through Its
Representative Shri Rishi
Sharma S/o Shri Damodar
Sharma, Aged About 36 Years.
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, Through Its Secretary,
Plot No. 273, Subhash Nagar,
Pal Road, Jodhpur, Rajasthan.
----Respondents
D.B. Spl. Appl. Writ No. 248/2023
State Of Rajasthan, Through Principal Secretary, Medical And
Health Department (Group-3), Government Of Rajasthan, Govt.
Secretariat Jaipur Rajasthan.
----Appellant
Versus
1. Shri Balaji Education Society
(Shri Balaji Nursing College),
Opposite Government School,
Kalsi, District Sikar, Rajasthan
Through Its President Dr Raees
Khan S/o Shri Abdul Rasheed
Khan, Aged About 46 Years.
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.
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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
D.B. Spl. Appl. Writ No. 249/2023
1. The State Of Rajasthan,
Through Its Principal Secretary,
Medical And Health
Department, Government Of
Rajasthan, Government
Secretariat, Jaipur.
2. Deputy Secretary, Medical And
Health Department (Group-Iii),
Government Of Rajasthan,
Jaipur, Rajasthan.
----Appellants
Versus
1. Raj Shree College Of Nursing,
Ajitgarh Road, Amarpura,
Shahpura, Jaipur, Rajasthan
Through Its Director Shri Dilip
Kumar Pareek S/o Late Shri
Rajendra Prasad Pareek, Aged
About 37 Years.
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. Rajasthan Private Nursing
Schools And Colleges
Federation, Through Its
Chairman, 357, Laxmi Nagar,
Paota B Road, Jodhpur,
Rajasthan 342001.
----Respondents
D.B. Spl. Appl. Writ No. 250/2023
State Of Rajasthan, Through Its Principal Secretary, Medical And
Health, Government Of Rajasthan, Government Secretariat,
Jaipur (Rajasthan).
----Appellant
Versus
1. Ramayan Shikshan Sansthan
(Pink City College Of Nursing),
59-60, Green Colony, Moti
Nagar, Queens Road, Jaipur
Through Its President Shri
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Shyam Sunder Ramawat S/o
Shri Raja Ram Ramawat Aged
About 55 Years.
2. Joint Secretary (Group-3)
Medical And Health
Department, Government Of
Rajasthan, Government
Secretariat, Jaipur, Rajasthan.
3. Rajasthan Nursing Council,
Through Its Registrar, B-39,
Sardar Patel Marg, C-Scheme,
Jaipur, Rajasthan.
4. Rajasthan University Of Health
And Science, Through Its
Registrar, Kumbha Marg, Pratap
Nagar, Jaipur, Rajasthan.
5. Private Physiotherapy Nursing
And Para Medical Institutions
Society, Having Office Address
At Plot No 273, Subhash Nagar,
Pal Road, Jodhpur Rajasthan.
----Respondents
D.B. Spl. Appl. Writ No. 258/2023
State Of Rajasthan, Through Its Principal Secretary Department
Of Medical And Health, Government Of Rajasthan Government
Secretariat Jaipur Rajasthan
----Appellant
Versus
1. Shri Balaji Shikshan Sansthan,
C/o 205, Subhash Nagar
Bhilwara, Rajasthan Through
Its President Shree Pramod
Tiwari S/o Gopal Lal Tiwari,
Aged About 37 Years.
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 Rajsthan
4. Private Physiotherapy Nursing
And Para Medical Institutions
Society, Having Office Address
At Plot No 273 Subhash Nagar
Pal Road Jodhpur Rajasthan
----Respondents
D.B. Spl. Appl. Writ No. 269/2023
1. State Of Rajasthan, Through Its
Principal Secretary, Medical And
Health Department,
Government Of Rajasthan,
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Government Secretariat, Jaipur.
2. Joint Secretary (Group-3),
Medical And Health
Department, Government Of
Rajasthan, Government
Secretariat, Jaipur (Rajasthan).
----Appellants
Versus
1. Annpurna Medical Training
(College Of Nursing) Sikar,
Jaipur Road Sikar 332001,
Rajasthan Through Its
Secretary Shri Om Prakash
Sharma S/o Shri Partu Ram,
Aged About 55 Years.
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, Having Office Address
At Plot No 273, Subhash Nagar,
Pal Road, Jodhpur, Rajasthan.
----Respondents
D.B. Spl. Appl. Writ No. 277/2023
State Of Rajasthan, Through The Secretary, Department Of
Medical And Health, Government Of Rajasthan, Government
Secretariat Jaipur.
----Appellant
Versus
1. Geetanjali College Of Nursing,
Borawar, Nagaur, Under The
Management Of Geetanjali
Shikshan Sansthan, Borawar,
Tehsil Makrana, District Nagaur
(Raj.), Through Its Secretary
Lal Mohammed Khan S/o Sh.
Saraj Ahmed, Aged About 53
Years, Deshwali Mohalla,
Boarawar, Tehsil Makrana,
District Nagaur (Raj.).
2. Rajasthan Nursing Council,
Through Its Registrar, B-39,
Sardar Patel Marg, C-Scheme,
Jaipur, (Rajasthan).
3. Rajasthan Private Nursing
School College Fedaration, Lal
Kothi, Jaipur Through Its
President.
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4. Private Physiotherapy, Nursing
And Para Medical Institutions
Society, Having Office Address
At Plot No.273, Subhash Nagar,
Pal Road, Jodhpur, Rajasthan.
----Respondents
D.B. Spl. Appl. Writ No. 279/2023
State Of Rajasthan, Through Its Principal Secretary, Medical And
Health Department, Government Of Rajasthan, Government
Secretariat, Jaipur (Rajasthan).
----Appellant
Versus
1. Chaudhary Kanaram Dhaka
Memorial Sansthan, (Ckrd
Memorial School Of Nursing),
Dhigal, Nawalgarh Road, Tehsil
Nawalgarh, District Jhunjhunu,
Rajasthan, Through Its
Representative Shri Faruk
Sayed S/o Shri Sadik Sayed,
Aged About 37 Years.
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, Having Office Address
At Plot No. 273, Subhash
Nagar, Pal Road, Jodhpur,
Rajasthan.
----Respondents
D.B. Spl. Appl. Writ No. 284/2023
State Of Rajasthan, Through Its Principal Secretary Medical And
Health Department Government Of Rajasthan Government
Secretariat Jaipur (Rajasthan).
----Appellant
Versus
1. Shekhawati Medical Training
Institute College Of Nursing,
Narayana Ka Baas Laxmangarh,
Sikar, Rajasthan, Through Its
Secretary Shri Sunil Kumar S/o
Shri Bhanwar Lal, Aged About
39 Years.
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.
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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
D.B. Spl. Appl. Writ No. 285/2023
State Of Rajasthan, Through Its Principal Secretary, Medical And
Health Department, Government Of Rajasthan, Government
Secretariat, Jaipur (Rajasthan).
----Appellant
Versus
1. Raghukul Reasearch And
Technical Institute, R/o
Raghukul Model Town-A,
Malviya Nagar, Jagatpura Road,
District Jaipur, Rajathan
Through Its President Nagendra
Singh S/o V.s. Shekhawat,
Aged About 48 Years.
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. Rajasthan Private Nursing
School And College Federation,
Through Its President, 357
Laxmi Nagar, Paota B-Road,
Jodhpur.
----Respondents
D.B. Spl. Appl. Writ No. 299/2023
State Of Rajasthan, Through Its Principal Secretary, Medical And
Health Department, Government Of Rajasthan, Government
Secretariat, Jaipur (Rajasthan).
----Appellant
Versus
1. G.l. Saini Memorial College Of
Nursing, 7-8, Radha Nikunj,
Rampura Mod, Iskan Road
Opposite Vijay Path,
Mansarover, Jaipur, Rajasthan,
Through Its Director Pramod
Pal S/o Yashpal Yash, Aged
About 40 Years.
2. Rajasthan Nursing Council,
Through Its Registrar B 39
Sardar Patel Marg C Scheme
Jaipur Rajasthan
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3. Rajasthan University Of Health
And Science, Through Its
Registrar Kumbha Marg Pratap
Nagar Jaipur Rajsthan
4. Private Physiotherapy Nursing
And Para Medical Institutions
Society, Having Office Address
At Plot No 273 Subhash Nagar
Pal Road, Jodhpur Rajasthan.
----Respondents
D.B. Spl. Appl. Writ No. 310/2023
State Of Rajasthan, Through Its Principal Secretary, Medical And
Health Department, Government Of Rajasthan, Government
Secretariat, Jaipur (Rajasthan).
----Appellant
Versus
1. Chaudhary Kanaram Dhaka
Memorial Sansthan,
(Chaudhary Kanaram Dhaka
Memorial Nursing College) 5-6,
Pratap Nagar, Churu Road,
District Jhunjhunu, Rajasthan,
Through Its Secretary Dr. Lal
Chand Dhaka S/o Kana Ram
Dhaka, Aged About 52 Years.
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 Rajsthan
4. Private Physiotherapy Nursing
And Para Medical Institutions
Society, Having Office Address
At Plot No 273 Subhash Nagar
Pal Road Jodhpur Rajasthan.
----Respondents
D.B. Spl. Appl. Writ No. 311/2023
State Of Rajasthan, Through Its Principal Secretary, Medical And
Health Department, Government Of Rajasthan, Government
Secretariat Jaipur.
----Appellant
Versus
1. B.m. Education Foundation
Trust, (Shekhawati Nursing
Training Centre) Hari Kunj,
Pilani, Jhunjhunu, Rajasthan,
Through Its Secretary Shri
Pradeep Kumar S/o Om
Prakash Sharma, Aged About
45 Years.
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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 Rajsthan
4. Private Physiotherapy Nursing
And Para Medical Institutions
Society, Having Office Address
At Plot No 273 Subhash Nagar
Pal Road, Jodhpur Rajasthan.
----Respondents
D.B. Spl. Appl. Writ No. 320/2023
State Of Rajasthan, Through Its Principal Secretary, Department
Of Medical And Health, Government Of Rajasthan, Government
Secretariat Jaipur (Rajasthan).
----Appellant
Versus
1. Shri Bajrang Nursing College,
Bharatpur Road, Deeg,
Bharatpur, Under The
Management Of Shri Bajrang
College Pharmacy Siksha
Samiti, Deeg Bharatpur,
Through Its Secretary Suresh
Chandra Sharma S/o Sh.
Parsadi Lal Sharma, Aged
About 63 Years, Resident Of
Bhuda Gate, Deeg, Bharatpur
(Raj.)
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. Rajasthan Private Nursing
School And Colleges
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
----Respondents
D.B. Spl. Appl. Writ No. 331/2023
State Of Rajasthan, Through Its Principal Secretary, Medical And
Health Department, Government Of Rajasthan, Government
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[2024:RJ-JD:10863-DB] (43 of 61) [SAW-11/2023]
Secretariat, Jaipur (Rajasthan).
----Appellant
Versus
1. Choudhary Kana Ram Dhaka
Memorial Nursing College, Vpo
Dhingal, Jaipur Highway,
Jhunjhunu, (Rajasthan),
Through Its Representative Sh
Faruk Sayed S/o Sadik Sayed,
Aged About 37 Years.
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
D.B. Spl. Appl. Writ No. 335/2023
State Of Rajasthan, Through Its Principal Secretary, Medical And
Health Department, Government Of Rajasthan, Government
Secretariat, Jaipur (Rajasthan).
----Appellant
Versus
1. St. Wilfred Nursing College,
Near Balaji Temple, Gegal
Road, Ajmer, (Raj.) Parent
Society St. Wilfred Education
Society, Sector 10, Mansarover,
Jaipur, Through Its Secretary
Dr Keshav Badaya S/o Mahesh
Kumar Badaya, Aged About 46
Resident Of A-4, Rajbhawan
Road, Civil Lines, Jaipur (Raj.)
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 Rajsthan
4. Rajasthan Private Nursing
School College Federation, Lal
Kothi Jaipur Through Its
President
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[2024:RJ-JD:10863-DB] (44 of 61) [SAW-11/2023]
5. Private Physiotherapy Nursing
And Para Medical Institutions
Society, Branch Office Jodhpur
Through Its Secretary Plot No
273 Subhash Nagar Pal Road,
Jodhpur, Rajasthan.
----Respondents
D.B. Spl. Appl. Writ No. 342/2023
State Of Rajasthan, Through Its Principal Secretary Medical And
Health Department Government Of Rajasthan Government
Secretariat Jaipur Rajasthan
----Appellant
Versus
1. Mahatma Gandhi B.sc. Nursing
College, Nh 11 Pura Ki Dhani
Post Sabalpura Sikar Raj
Through Irs Director Sh Dalu
Ram S/o Hadu Ram, Aged
About 55 Years.
2. Rajasthan Nursing Council,
Through Its Registrar B 39
Sardar Patel Marg C Scheme
Jaipur Rajasthan
3. Rajasthan University Of Health
And Seience, Through Its
Registrar Kumbha Pratap Nagar
Jaipur Rajasthan
4. Private Physiotherapy Nursing
And Para Medical Institutions
Society, Having Office Address
At Plot No 273 Subhash Nagar
Pal Road Jodhpur Rajasthan
----Respondents
D.B. Spl. Appl. Writ No. 343/2023
State Of Rajasthan, Through Its Principal Secretary, Medical And
Health Department, Government Of Rajasthan, Government
Secretariat, Jaipur.
----Appellant
Versus
1. Murli Singh Yadav B.sc Nursing
College, Karni Colony
Udairamsar Bikaner Being Run
By Society Murali Singh Yadav
Memorial Prashikshan Sansthan
Udairamsar, Bikaner Through
Its President Kuldeep Yadav S/
o Manmohan Singh Yadav,
Aged About 36 Years, Resident
Of Karni Coach, Udairamsar,
District Bikaner.
2. Rajasthan Nursing Council,
Through Its Registrar B 39
Sardar Patel Marg C Scheme
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[2024:RJ-JD:10863-DB] (45 of 61) [SAW-11/2023]
Jaipur Rajasthan
3. Rajasthan University Of Health
And Science, Through Its
Registrar Kumbha Marg Pratap
Nagar Jaipur Rajsthan
4. Private Physiotherapy Nursing
And Para Medical Institutions
Society, Having Office Address
At Plot No 273 Subhash Nagar
Pal Road, Jodhpur Rajasthan.
----Respondents
D.B. Spl. Appl. Writ No. 391/2023
State Of Rajasthan, Through Its Principal Secretary, Medical And
Health Department, Government Of Rajasthan, Secretariat,
Jaipur.
----Appellant
Versus
1. Skg Memorial Nursing Institute,
Khasra No 438, Jhalamand,
Jodhpur Being Run By Society
Shubh Educaation And Welfare
Society, First Residency Road,
Jodhpur Through Its Principal
Mana Ram S/o Shri Mohan
Ram, Aged 38 Years, Resident
Of Bhagwanpura, Nagaur.
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. Rajasthan Private Nursing
School College Federation,
Lalkothi, Jaipur Through Its
President.
----Respondents
D.B. Spl. Appl. Writ No. 394/2023
The State Of Rajasthan, Through Its Principal Secretary,
Department Of Medical And Health, Government Of Rajasthan,
Government Secretariat, Jaipur (Rajasthan).
----Appellant
Versus
1. Raghukul Research And
Technical Institute, R/o
Raghukul Model Town A,
Malviya Nagar, Jagatpura Road,
District Jaipur, Rajasthan
Through Its President Nagendra
Singh S/o V.s. Shekhawat,
Aged About 48 Years.
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[2024:RJ-JD:10863-DB] (46 of 61) [SAW-11/2023]
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. Rajasthan Private Nursing
School And College Federation,
Through Its President, 357
Laxmi Nagar, Paota B Road,
Jodhpur.
----Respondents
D.B. Spl. Appl. Writ No. 395/2023
State Of Rajasthan, Through Its Principal Secretary, Medical And
Health Department, Government Of Rajasthan, Government
Secretariat, Jaipur (Rajasthan).
----Appellant
Versus
1. Shri Matsaya Jan Kalyan
Samiti, Salauda Turn,
Gangapur City, Sawai
Madhopur, Rajasthan, Through
Its Secretary Shree Arjun Lal S
O Shri Kalu Ram, Aged About
76 Years.
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, Through Its Secretary,
Having Office Address At Plot
No 273, Subhash Nagar, Pal
Road, Jodhpur, Rajasthan.
----Respondents
D.B. Spl. Appl. Writ No. 396/2023
1. State Of Rajasthan, Through Its
Principal Secretary, Medical And
Health Department,
Government Of Rajasthan,
Government Secretariat, Jaipur
(Rajasthan).
2. Joint Secretary (Group 3),
Medical And Health
Department, Government Of
Rajasthan, Government
Secretariat, Jaipur (Rajasthan).
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[2024:RJ-JD:10863-DB] (47 of 61) [SAW-11/2023]
----Appellants
Versus
1. Anupama Medical Prashikshan
Sansthan, Jeevan Nagar, Sikar,
Rajasthan, Through Its
Secretary Shree Rajendra Modi
S/o Shri Bhanwat Lal Modi,
Aged About 58 Years.
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, Having Office Address
At Plot No 273, Subhash Nagar,
Pal Road, Jodhpur, Rajasthan.
----Respondents
For Appellant(s) : Dr. Praveen Khandelwal, Additional
Advocate General.
For Respondent(s) : Mr. Vikas Balia, Senior Advocate
assisted by Mr. D.S. Sodha,
Mr. Ankur Mathur,
Ms. Shrestha Mathur.
Mr. Harshvardhan Thanvi
Dr. Akalovya Bhansali through VC.
Mr. Shreyansh Mardia through VC.
Ms. Nilansha Singhvi
Mr. Sangram Singh
Mr. Mohit Singhvi
Mr. Mahendra Vishnoi
Mr. D.S. Sodha
Mr. S.K. Shreemali for
Mr. B.S.Sandhu.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
HON'BLE MR. JUSTICE MUNNURI LAXMAN
Judgment
Reportable
01/03/2024
Per Dr. Pushpendra Singh Bhati, J:
[2024:RJ-JD:10863-DB] (48 of 61) [SAW-11/2023]
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
D.B. Special Appeal No.11/2023, while treating the same as a lead
case; rival submissions of the parties and the observations of the
Court, in the present judgment, would also be based, particularly,
on the factual matrix of the lead case.
2. The prayer clauses read as under:-
"It is, therefore, respectfully prayed that this special
appeal may kindly be allowed and the impugned order
passed by learned Single Judge dated 04.11.2022 allowing
the writ petition preferred by the respondent/writ-petitioner
may kindly be quashed and set aside and the writ petition
preferred by the respondent/writ-petitioner may kindly be
dismissed.
Any other order, which this Hon'ble Court deems fit
and proper in the facts and circumstances of the case, may
kindly be passed in favour of appellants."
3. As the pleaded facts would reveal, the Union Legislature had
enacted the Indian Nursing Council Act, 1947 with the object to
constitute a Central Council for determination of the standards of
the education in nursing institutions, whereafter, the Nursing
Council framed the Indian Nursing Council (Revised Regulations
and Curriculum for B.Sc Nursing Program), Regulations, 2020
(hereafter referred to as 'Regulations of 2020') on 05.07.2021,
prescribing a condition that the concerned
institution(s)/college(s), so as to become eligible to establish the
Nursing Institution/College, should have their own hundred
bedded parent hospital(s).
[2024:RJ-JD:10863-DB] (49 of 61) [SAW-11/2023]
3.1. The State of Rajasthan enacted the Rajasthan Nursing Mid-
Wives Health Visitor and Auxiliary Mid-Wives Registration Act,
1964 and constituted the Rajasthan Nursing Council.
4. The bone of contention in the present case is that the State
Government issued an order dated 07.06.2022 introducing a
policy, wherein a condition was imposed that the Nursing
Institution/College sought to be established by the
organization/institution, shall have a hundred bedded own hospital
of the organization/institution itself. A No Objection Certificate
(NOC) is also required to be obtained for the new nursing
institution/college or enhancement of seats in the existing
institution/college, and the pre-requisite for such NOC is that they
need to fall under the policy dated 07.06.2022.
4.1. Subsequently, the appellant-State's policy dated 07.06.2022
was challenged by filing a writ petition before this Hon'ble Court
by the respondent-Institution, and the learned Single Judge of this
Hon'ble Court vide impugned order dated 04.11.2022 allowed the
writ petition and quashed the condition of 100 bedded own
hospital by the Nursing Institutions/Colleges enumerated in the
policy order dated 07.06.2022.
5. Dr. Praveen Khandelwal Additional Advocate General on
behalf of the appellant-State submits that the condition of
hundred bedded own hospital in Policy dated 07.06.2022 has been
formulated to curtail the mushroom growth of Nursing Institutions
and the entire purpose of the said policy is only to prevent
establishment of fake nursing institutions, but the learned Single
[2024:RJ-JD:10863-DB] (50 of 61) [SAW-11/2023]
Judge of this Hon'ble Court did not take into due consideration the
said aspect of the matter.
5.1. Learned AAG also submits that the condition in question is
for keeping the check on growth of fake institutions that are
unable to maintain the required standards of Nursing education in
the State. It was further submitted that when an element of public
interest is involved in an administrative decision or policy of the
State, then the Court may refrain itself to make interference in
such policy decisions, and therefore, on that count alone, the
impugned order is not justified in law.
5.2. Learned AAG further submits that it is clear that no
prescription or condition has been laid down by the State which
adversely affects the minimum standards laid down by the Indian
Nursing Council (INC), and therefore, the condition of 100 bedded
own hospital ensures requisite standards for the organization
concerned to run Nursing Institutions/Colleges, and therefore, the
quashment of the said condition by the learned Single Judge is not
permissible in law.
5.3 Learned AAG also submits that the appellant-State
incorporated the condition in question by way of policy dated
07.06.2022 in the State of Rajasthan, so as to maintain education
standard in Nursing Institutions/Colleges. Therefore, on that count
also, the impugned order passed by the learned Single Judge is
not justified in law.
6. On the other hand, learned Senior Counsel as well as other
counsel appearing on the behalf of the respondents- Nursing
Institutions, while opposing the aforesaid submissions made on
[2024:RJ-JD:10863-DB] (51 of 61) [SAW-11/2023]
behalf of the appellant-State, submits that the Nursing
institutions/Colleges are having all required infrastructure and
other facilities as per the guidelines of the Indian Nursing Council
for the purpose of grant of NOC as well as establishment and
running of the institution.
6.1. Learned counsel further submits that some institutions have
also submitted an application for enhancement of the seats in the
institutions, and despite their having a proper infrastructure and
other facilities, the appellant-State has not granted them the
requisite NOC because of the condition of 100 bedded own
hospital mentioned in the policy order dated 07.06.2022 issued by
the appellant-State.
6.2. Learned counsel also submits that the condition of 100
bedded own hospital is violative of the eligibility condition laid
down by the Indian Nursing Council, and once the condition has
been laid down by a Body of the Union, then the State
Government has no domain to supersede the said eligibility
criteria,
6.3 Learned counsel further submits that aforesaid condition
shall clearly have an adverse impact upon the uniform education
standards so required in the Nursing Institutions/Colleges of the
Country. Therefore, imposition of the condition of 100 bedded own
hospital by way of policy dated 07.06.2022 is contrary to Article
246 of the Constitution of India. Thus, on that count alone, the
impugned order passed by learned Single Judge is justified in law.
6.4. Learned counsel also submits that the guidelines laid down
from time to time by the Central Body i.e. Indian Nursing Council
[2024:RJ-JD:10863-DB] (52 of 61) [SAW-11/2023]
are holding the field of nursing education, therefore, condition
imposed by the State Government is not justified in the eye of law
and same was quashed by the learned Single Judge.
6.5. In support of such submissions, learned counsel relied upon
the judgment rendered by the Hon'ble Apex Court in case of
State of T.N. & Ors. Vs Adhiyaman Educational & Research
Institution & Ors., (1995) 4 SCC 104.
7. Heard learned counsel of the parties as well as perused the
record of the case alongwith the judgment cited at the Bar.
8. This Court observes that for establishing new nursing
institution or enhancement of the seats in the existing nursing
institutions, the concerned organization is required to obtain an
NOC from the State/State Body i.e. Rajasthan Nursing Council.
The appellant-State issued the policy dated 07.06.2022 imposing
a condition of 100 bedded own hospital for the purpose in
question, which is a clear contravention of the Regulations of 2020
enacted by the Central Legislature.
9. This Court further observes that the condition of 100 bedded
own hospital provided under the policy dated 07.06.2022 was
challenged before the learned Single Judge of this Hon'ble Court,
and the learned Single Judge vide the impugned order quashed
the said condition.
9.1. This Court also observes that the learned Single Judge in the
impugned order framed a question for adjudication, which is
reproduced as hereunder:-
"Whether the State Government can impose a condition of
having 100 bedded own hospital to get "No Objection
[2024:RJ-JD:10863-DB] (53 of 61) [SAW-11/2023]
Certificate" for establishment of the Nursing
Colleges/enhancement of the seats in such Colleges ?"
10. This Court further observes that the condition of 100 bedded
own hospital in policy dated 07.06.2022 is reproduced
hereunder:-
"(A)futh {ks= esa uohu uflZax Ldwy@dkWyst [kksyus gsrq uhfr ,oa izfØ;k%&
• ,sls futh fo'ofo|ky; tks essfMdy dkWyst lapkfyr dj jgs gSa ;k ,slh
laLFkk,sa tks esfMdy dkWyst lapkfyr dj jgh gSa vFkok ,slh laLFkk,sa tks
Lo;a dk 100 cSM la[;k dk gkWLihVy lapkfyr dj jgh laLFkkvksa dks ekU;rk
gsrq vkosnu djuk gksxkA"
11. This Court also observes that the condition of 100 bedded
parent/own hospital as provided under the Regulations of 2020
enacted by the Central Body i.e Indian Nursing Council, reads as
under:-
"1. Parent Hospital (Unitary/Single Hospital)
College of Nursing should have 100 bedded parent/own
hospital which is compulsory requirement.
Parent Hospital for a nursing institution having the
same Trust/Society/Company which has established the
nursing institution and has also established the hospital.
OR
For a nursing institution (managed by
Trust/Society/Company under Section 8), a 'Parent Hospital'
would be a hospital either owned and controlled by the
Trust/Society/Company or managed and controlled by a
trustee/member/director of the Trust/Society/Company. In
case the owner of the hospital is a trustee/member/director
of the Trust/Society/Company, then the hospital would
continue to function as a 'Parent Hospital' till the life of the
nursing institution.
The undertaking would also be to the effect that the
trustee/member/director of the Trust/Society/Company
[2024:RJ-JD:10863-DB] (54 of 61) [SAW-11/2023]
would not allow the hospital to be treated 'Parent/Affiliated
Hospital/ to any other nursing institution and will be for
minimum 30 years (i.e. signed by all
trustees/members/directors of Trust/ Society/Company) to
the Undertaking to be submitted from the
trustee/member/director of the Trust/Society/ Company.
The beds of Parent hospital shall be in one Unitary
Hospital i.e. in same building/same campus. Further, the
Parent Hospital shall be in the same State i.e. where the
institution is located.
a) It is to be noted that once a particular hospital is shown
as "Parent Hospital" and permission given to the nursing
institution to conduct nursing courses, then, the
permission/suitability granted would last as long as the said
hospital is attached as a "Parent Hospital".
b) In case the trustee/member/director of the Trust/Society/
Company withdraws the Undertaking given, in that case even
the permission/suitability letter issued would be deemed to
have lapsed/stand withdrawn with immediate effect."
12. This Court further observes that Article 246 of the
Constitution of India pertains to "Subject-matter of laws made by
parliament and by the Legislatures of the State" ; the said Article
confers power for making the laws as per Entry 66 of Union List in
Seventh Schedule of the Constitution of India, which pertains to
"Co-ordination and determination of standards in institutions for
higher education or research and scientific and technical
institutions.". This Court also observes the Central Legislature had
enacted the Indian Nursing Council Act, 1947, and as per the
power conferred by Section 16 of the said Act, the Regulations of
2020 were enacted, wherein the condition of 100 bedded
parent/own hospital has been incorporated.
[2024:RJ-JD:10863-DB] (55 of 61) [SAW-11/2023]
12.1. This Court further observes that the learned Single Judge
held in the impugned order that the policy order dated 07.06.2020
passed by the State Government is an administrative order and it
was passed without exercise of the power conferred under Entry
25 of the Concurrent List of the Seventh Schedule of the
Constitution of India. Therefore, the condition of 100 bedded own
hospital in policy order dated 07.06.2022 which has changed the
criteria, has not been added as a supplementary condition, as
rightly observed by the learned Single Judge in the impugned
order.
12.2. This Court also observes that even the policy dated
07.06.2022 was introduced in accordance with Entry 25 of
Concurrent List of the Seventh Schedule in the Constitution of
India, and it was in repugnance with the Law enacted by the
Central Legislature, and thus, the law enacted by the State
Legislature on the subject is not having an overriding effect.
13. This Court is keeping into consideration the judgments
rendered by the Hon'ble Apex Court in cases of State of T.N &
Ors Vs Adhiyaman Education & Research Institute & Ors
(Supra), and Preeti Srivastava & Ors. Vs State of Madhya
Pradesh & Ors. (1999) 7 SCC 120. Relevant portions of the
said judgments are reproduced as hereunder:
Adhiyaman Education & Research Institution & Ors
(Supra):
"43. What emerges from the above discussion is as follows:
[1] The expression "coordination" used in Entry 66 of the Union
List of the Seventh Schedule to the Constitution does not
[2024:RJ-JD:10863-DB] (56 of 61) [SAW-11/2023]
merely mean evaluation. It means harmonisation with a view to
forge a uniform pattern for a concerted action according to a
certain design, scheme or plan of development. It, therefore,
includes action not only for removal of disparities in standards
but also for preventing the occurrence of such disparities. It
would, therefore, also include power to do all things which are
necessary to prevent what would make "coordination" either
impossible or difficult. This power is absolute and unconditional
and in the absence of any valid compelling reasons, it must be
given its full effect according to its plain and express intention.
[ii] To the extent that the State legislation is in conflict with the
Central legislation though the former is purported to have been
made under Entry 25 of the Concurrent List but in effect
encroaches upon legislation including subordinate legislation
made by the center under Entry 25 of the Concurrent List or to
give effect to Entry 66 of the Union List, it would be void and
inoperative.
[iii] If there is a conflict between the two legislations, unless the
State legislation is saved by the provisions of the main part of
Clause [2] of Article 254, the State legislation being repugnant
to the Central legislation, the same would be inoperative.
[iv] Whether the State law encroaches upon Entry 66 of the
Union List or is repugnant to the law made by the center under
Entry 25 of the Concurrent List, will have to be determined by
the examination of the two laws and will depend upon the facts
of each case.
[v] When there are more applicants than the available
situations/seats, the State authority is not prevented from
laying down higher standards or qualifications than those laid
down by the center or the Central authority to short-list the
applicants. When the State authority does so, it does not
encroach upon Entry 66 of the Union List or make a law which
is repugnant to the Central law.
[vi] However, when the situations/ seats are available and the
State authorities deny an applicant the same on the ground
that the applicant is not qualified according to its standards or
qualifications, as the case may be, although the applicant
satisfies the standards or qualifications laid down by the Central
law, they act unconstitutionally. So also when the State
[2024:RJ-JD:10863-DB] (57 of 61) [SAW-11/2023]
authorities derecognise or disaffiliate an institution for not
satisfying the standards or requirement laid down by them,
although it satisfied the norms and requirements laid down by
the central authority, the State authorities act illegally. "
Preeti Srivastava & Ors. (supra):-
"35. The legislative competence of Parliament and the
legislatures of the States to make laws under Article 246 is
regulated by the VIIth Schedule to the Constitution. In the
VIIth Schedule as originally in force, Entry 11 of List II gave to
the State an exclusive power to legislate on
"education including universities, subject to the provisions
of Entries 63, 64, 65 and 66 of List I and Entry 25 of List
III".
Entry 11 of List II was deleted and Entry 25 of List III was
amended with effect from 3-1-1976 as a result of the
Constitution 42nd Amendment Act of 1976. The present Entry
25 in the Concurrent List is as follows:
"25. Education, including technical education, medical
education and universities, subject to the provisions of
Entries 63, 64, 65 and 66 of List I; vocational and
technical training of labour."
Entry 25 is subject, inter alia, to Entry 66 of List I. Entry 66 of
List I is as follows:
"66. Coordination and determination of standards in
institutions for higher education or research and scientific
and technical institutions."
Both the Union as well as the States have the power to
legislate on education including medical education, subject,
inter alia, to Entry 66 of List I which deals with laying down
standards in institutions for higher education or research and
scientific and technical institutions as also coordination of such
standards. A State has, therefore, the right to control education
including medical education so long as the field is not occupied
by any Union legislation. Secondly, the State cannot, while
controlling education in the State, impinge on standards in
institutions for higher education. Because this is exclusively
[2024:RJ-JD:10863-DB] (58 of 61) [SAW-11/2023]
within the purview of the Union Government. Therefore, while
prescribing the criteria for admission to the institutions for
higher education including higher medical education, the State
cannot adversely affect the standards laid down by the Union of
India under Entry 66 of List I. Secondly, while considering the
cases on the subject it is also necessary to remember that from
1977, education, including, inter alia, medical and university
education, is now in the Concurrent List so that the Union can
legislate on admission criteria also. If it does so, the State will
not be able to legislate in this field, except as provided in
Article 254."
14. This Court further observes that both the Union Government
and State Government has a duty to maintain the high standards
of education in every field, particularly, in the field of medical
education. The Union Government in the Regulations of 2020
prescribed the condition of 100 bedded parent/own hospital for
every Nursing Institutions/Colleges in the country and it is
uniformly applicable to all Nursing Institutions/Colleges in the
country, which shows uniformity in the standards of medical
education in the entire country.
14.1. This Court also observes that the State Government
imposed the condition of 100 bedded own hospital in policy dated
07.06.2022, which is not a supplementary condition, and it is
overreach of the Union Government's existing condition on the
subject. This Court further observes that if the condition in
question imposed by the State Government is allowed to continue,
then it would amount to a clear discrimination between the
Nursing Institutions/Colleges of the State of the Rajasthan and
[2024:RJ-JD:10863-DB] (59 of 61) [SAW-11/2023]
Nursing Institution/Colleges of the other States of the country,
which is not permissible in law.
15. This Court further observes that the State Government has
sufficient power to regulate the Nursing Institutions/ Colleges in
the State and as observed by the learned Single Judge in the
impugned order, the State Government has got ample power to
order stoppage/closure of the ineligible nursing
institutions/colleges, who are being run without following the
procedure prescribed in law.
16. This Court also observes that the various eligible Nursing
Institutions/Colleges who are completely following all the
guidelines as well as conditions prescribed under the law, cannot
be deprived of grant of NOC for establishment of new institution or
enhancement of seats in the existing institutions, on count of the
condition in question pertaining to 100 bedded own hospital as
introduced by the State Government vide policy order dated
07.06.2022.
17. This Court further observes that the Union Government
policy already in vogue has an existing condition in the Regulation
of 2020 wherein the Nursing Institutions/Colleges were required to
have 100 bedded parent/own hospital whereas the only difference
the State wanted to carve out was to restrict the Nursing
Institutions/Colleges to only have 100 bedded own hospital.
However, the same is not of any consequence because the proviso
in the Regulations of 2020 envisages that the parent hospital for
Nursing institution has to have the same Trust/Society/Company
which has established the nursing institution and has also
[2024:RJ-JD:10863-DB] (60 of 61) [SAW-11/2023]
established the hospital OR a parent hospital would be a hospital
either own and controlled by the Trust/Society/Company or
managed and controlled by a trustee/member/director of the
Trust/Society/Company.
17.1 This Court also observes that the clinching part of the
Regulations of 2020 is that the parent hospital shall not be allowed
to be treated as Parent/Affiliated Hospital to any other nursing
institution and shall enjoy the status of parent hospital for a
minimum 30 years and thus the sanctity of a single hundred
bedded hospital dedicated to a nursing institution is maintained.
Further the Regulations of 2020 made it clear that the hospital
infrastructure has to be at the same location where the nursing
institution exists.
17.2 This Court further observes that there is no justifiable reason
of the condition in question as mentioned in policy dated
07.06.2022 in view of the fact that the Union Government
introduced the condition of 100 bedded parent/own hospital
mentioned in the Regulations of 2020, for grant of NOC for
establishment of new Nursing Institutions/Colleges or
enhancement of the seats in existing institution(s) which takes
care of the quality of education to be imparted.
18. This Court also observes that the learned Single Judge in the
impugned order has taken into due consideration all the relevant
aspects of the case as also the precedent laws governing the field.
19. In light of the aforesaid observations and looking into the
overall factual matrix of the present case, this Court does not find
[2024:RJ-JD:10863-DB] (61 of 61) [SAW-11/2023]
it a fit case so as to grant any relief to the appellant in the present
appeals.
20. Consequently, the present appeals are dismissed.
(MUNNURI LAXMAN),J (DR. PUSHPENDRA SINGH BHATI),J
107-193-SKant/-
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