Rajasthan High Court - Jodhpur
Balaji College Of Nursing vs State Of Rajasthan (2024:Rj-Jd:41128) on 8 October, 2024
Author: Dinesh Mehta
Bench: Dinesh Mehta
[2024:RJ-JD:41128]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 17471/2023
Balaji College Of Nursing, Airport Road, Pratap Nagar, Udaipur
Being Run By Society Marudhara Medical And Education Society,
Ward No. 18. Behind Police Station, Gangashahar, Bikaner
Through Its Secretary Kamal Kant Bithu S/o Narsingh Bithu,
Aged 40 Years, R/o Ward No. 18, Behind Police Station,
Gangashahar, Bikaner (Rajasthan).
----Petitioner
Versus
1. State Of Rajasthan, Through Its Principal Secretary,
Medical And Health Department, Government Of
Rajasthan, Government Secretariat, Jaipur, (Rajasthan).
2. Rajasthan Nursing Council, Through Its Registrar, B-39,
Sardar Patel Marg, C-Scheme, Jaipur
3. Rajasthan University Of Health And Science, Through Its
Registrar, Kumbha Marg, Partap Nagar, Jaipur
4. Private Physiotherapy, Nursing And Para Medical
Institutions Society, Branch Office Jodhpur Through Its
Secretary, Plot No. 273, Subhash Nagar, Pal Road,
Jodhpur Rajasthan.
----Respondents
For Petitioner(s) : Mr. Anil Choudhary and
Mr. Yash Rajpurohit for
Mr. C.S. Kotwani
For Respondent(s) : Ms. Ruchi Parihar, A.G.C. for
Mr. N.S. Rajpurohit, AAG
JUSTICE DINESH MEHTA
Order
08/10/2024
1. By way of present writ petition, the petitioner has challenged
the order dated 06.10.2022, whereby the petitioner's application
for conducting/establishing B.Sc. Nursing course has been turned
down.
[2024:RJ-JD:41128] (2 of 3) [CW-17471/2023]
2. Mr. Choudhary, learned counsel for the petitioner submitted
that the co-ordinate Bench of this Court vide its judgment and
order dated 04.11.2022 rendered in a bunch of writ petitions, led
by S.B. Civil Writ Petition No.3962/2022 (Mahatma Gandhi
B.Sc. Nursing College vs. State of Rajasthan & Ors.) has held
that the condition that the institution should have its own hospital
of 100 beds is arbitrary. He further submitted that said judgment
has been affirmed by the Division Bench of this Court vide
judgment dated 01.03.2024 passed in D.B. Spl. Appl. Writ
No.11/2023 and, therefore prayed that the order impugned
(06.10.2022) be quashed and set aside.
3. Ms. Ruchi Parihar, Assistant Government counsel for the
respondent is not in a position to dispute the aforesaid position of
facts and law.
4. On perusal of the order dated 06.10.2022, this Court finds
that only reason given for rejection of petitioner's application for
grant of permission for establishing B.Sc. Nursing course, is that
the petitioner-institution did not own 100 bedded hospital.
5. Indisputably, said condition has been declared illegal by co-
ordinate Bench in the case of Mahatma Gandhi (supra), which
stood affirmed by the Division Bench of this court.
6. In view of the aforesaid, the present writ petition is allowed,
the impugned order dated 06.10.2022 is hereby quashed and set
aside.
7. Respondent State (Principal Secretary, Medical and Health
Department) or any other competent authority of the State
Government is directed to consider petitioner's application for
grant of permission to establish B.Sc. Nursing course in
[2024:RJ-JD:41128] (3 of 3) [CW-17471/2023]
accordance with law, as early as possible preferably within a
period of eight weeks.
8. Needless to observe that while deciding the petitioner's
application, respondent-State shall not insist upon the condition of
having own hospital with 100 beds.
9. Stay application also stands disposed of accordingly.
(DINESH MEHTA),J
14-akansha/-
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