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Shri Bajrang Nursing College vs The State Of Rajasthan ...
2025 Latest Caselaw 7002 Raj

Citation : 2025 Latest Caselaw 7002 Raj
Judgement Date : 11 February, 2025

Rajasthan High Court - Jodhpur

Shri Bajrang Nursing College vs The State Of Rajasthan ... on 11 February, 2025

Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
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      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
             S.B. Civil Writ Petition No. 19974/2024

Amritadevi Paryavaran Evam Shaikshik Sansthan Balotra
(Amritadevi School of Nursing), Bishnoi Sadan, Near Bishnoi
Hospital, New Bus Stand, Balotra, Barmer, Through Its Secretary
Gopesh Panwar, S/o-Budhar Ram, Age-40 Years, Resident Of-
Amar Jyoti Medical Store, Station Road, Lohawat Bisnawas,
Phalodi, Jodhpur.
                                                                   ----Petitioner
                                   Versus
1.       The State Of Rajasthan, Through Its Secretary, Medical
         And Health Department Government Of Rajasthan,
         Secretariat, Jaipur.
2.       The Rajasthan Nursing Council, Jaipur Through                        Its
         Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur.
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
                           Connected With
             S.B. Civil Writ Petition No. 11030/2024
Madhav University (Madhav College Of Nursing), Nh. 27, Bharja,
Tehsil - Pindwara, District - Sirhi, Through Its Authorized Person
- Shri Sandeep Gehlot S/o Shri Nathu Ram, Age -39 Years,
Resident Of - Near Bus Staned, Sojat, District- Pali (Raj.).
                                                                   ----Petitioner
                                   Versus
1.       The State Of Rajasthan, Through Its Secretary, Medical
         And Health Department Government Of Rajasthan,
         Secretariat, Jaipur.
2.       The Rajasthan Nursing Council, Jaipur Through                        Its
         Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur.
3.       Rajasthan Private Nursing Council School College
         Federation, Through Its Secretary - 357, Laxmi Nagar,
         Paota B- Road, Jodhpur.
                                                                ----Respondents
             S.B. Civil Writ Petition No. 11519/2024
Sangam University (Sangam College Of Nursing), Nh - 79,
Bhilwara Chittor By-Pass, Chittor Road, Bhilwara, Rajasthan,
Through Its Administrator - Mr. Bhagwati Lal Pareek, S/o Shri
Navaratan Pareek, Age - 41 Years, Resident Of - H 166, Kumbha
Circle, Azad Nagar, Bhilwara, Rajasthan.
                                                                   ----Petitioner
                                   Versus

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1.       The State Of Rajasthan, Through Its Secretary, Medical
         And Health Department Government Of Rajasthan,
         Secretariat, Jaipur.
2.       The Rajasthan Nursing Council, Jaipur Through Its
         Registrar, B-39, Sardar Patel Marg, C- Scheme, Jaipur.
3.       Rajasthan Private Nursing Council School College
         Federation, Through Its Secretary-357, Laxmi Nagar,
         Paota B-Road, Jodhpur.
                                                                 ----Respondents
             S.B. Civil Writ Petition No. 13924/2024
Shekhawati Medical Training Institute College Of Nursing,
Narayana Ka Bas, Laxmangarh, Sikar Through Its Secretary,
Sunil Kumar, S/o Of Banwari Lal, Age - 41 Years, Resident Of -
Bhookron Ka Bas, Rashidpura, Sikar, Rajasthan.
                                                                    ----Petitioner
                                    Versus
1.       The State Of Rajasthan, Through Its Secretary, Medical
         And Health Department, Government Of Rajasthan,
         Secretariat, Jaipur.
2.       The Rajasthan Nursing Council, Jaipur Through Its
         Registrar, B-39, Sardar Patel Marg, C- Scheme, Jaipur.
3.       The Rajasthan University Of Health Science, Through Its
         Registrar, Kumbha Marg, Sector-18, Pratap Nagar, Tonk
         Road, 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
             S.B. Civil Writ Petition No. 14109/2024
Rajiv Nursing School Society (Bikana College Of B. Sc. Nursing),
Y-151-152, Surdarshna Nagar, Vallabh Garden, Bikaner
(Rajasthan), Through Its Representative Shri Sanjay Bhati S/o
Shri Abdul Gafar Bhati, Age - 50 Years, Resident Of - 7-Gha-22,
Pawanpuri South Extension, Bikaner, Rajasthan.
                                                                    ----Petitioner
                                    Versus
1.       The State Of Rajasthan, Through Its Secretary, Medical
         And Health Department Government Of Rajasthan,
         Secretariat, Jaipur.
2.       The Rajasthan Nursing Council, Jaipur Through Its
         Registrar, B-39, Sardar Patel Marg, C-Scheme,l Jaipur.
3.       The Rajasthan University Of Health Science, Through Its
         Registrar, Kumbha Marg, Sector-18, Pratap Nagar, Tonk
         Road, Jaipur.
4.       Private    Physiotherapy,         Nursing         And    Para   Medical


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         Institutions Society, Branch Office Jodhpur, Through Its
         Secretary, Plot No. 273, Subhash Nagar, Pal Road,
         Jodhpur, Rajasthan.
                                                                ----Respondents
             S.B. Civil Writ Petition No. 15626/2024
Skill Development Trust, (Maharaja Agarsen College Of Nursing),
Bikaner Road, Suratgarh, District Sri Ganganagar, Rajasthan,
Through Secretary Shri Naveen Khemka S/o Govind Ram
Khemka, Age - 41 Years, Resident Of Govind Ram Khemka, E-
11, Basant Vihar Colony, Suratgarh, Sri Ganganagar.
                                                                   ----Petitioner
                                   Versus
1.       The State Of Rajasthan, Through Its Secretary, Medical
         And Health Department Government Of Rajasthan,
         Secretariat, Jaipur.
2.       The Rajasthan Nursing Council, Jaipur Through                        Its
         Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur.
3.       The Rajasthan University Of Health Science, Through Its
         Registrar, Kumbha Marg, Sector-18, Pratap Nagar, Tonk
         Road, 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
             S.B. Civil Writ Petition No. 16080/2024
Manav Dharma Viklang Sewa Sansthan, (Krishna Nursing
College, Bhilwara) Bhilwara, Rajasthan, Through Its Secretary
Shri Chandraveer Singh S/o Shri Madan Singh, Aged About 43
Years.
                                                                   ----Petitioner
                                   Versus
1.       State Of Rajasthan, Through Its Principal Secretary,
         Medical And Health Department, Government Of
         Rajasthan, Government Of Rajasthan, Jaipur, (Rajasthan).
2.       Rajasthan Nursing Council, Through Its Registrar, B-39,
         Sardar Patel Marg, C-Scheme, Jaipur (Rajasthan).
3.       Rajasthan University Of Health And Science, Through Its
         Registrar, Kumbha Marg, Partap Nagar, Jaipur, Rajasthan.
4.       Rajasthan Private Nursing Schools And Colleges
         Federation, Through Its Chairman, 357, Laxmi Nagar,
         Paota B Road, Jodhpur, Rajasthan.
                                                                ----Respondents
             S.B. Civil Writ Petition No. 17929/2024
Global Vision Society (Abu Nursing College), Having Its
Registered Office At M.n. 548, Gali No. 6, Hanwant A Sector, Bjs

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Colony, Jodhpur, Rajasthan, Through Its Vice President - Mr.
Kartik Charan, S/o Mr. Jabbar Singh Charan, Age - 35 Years,
Resident Of - 548, Bjs Colony, Jodhpur, Rajasthan.
                                                                   ----Petitioner
                                   Versus
1.       The State Of Rajasthan, Through Its Secretary, Medical
         And Health Department Government Of Rajasthan,
         Secretariat, Jaipur.
2.       The Rajasthan Nursing Council, Jaipur Through                        Its
         Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur.
3.       The Rajasthan University Of Health Science, Through Its
         Registrar, Kumbha Marg, Sector-18, Pratap Nagar, Tonk
         Road, Jaipur.
4.       Private Physiotherapy, Nursing And Para Medical
         Institutions Society, Branch Office Jodhpur Through Its
         Secretary, Plot No. 273,subhash Nagar, Jodhpur,
         Rajasthan.
                                                                ----Respondents
             S.B. Civil Writ Petition No. 18097/2024
Amritadevi Paryavaran Evam Shaikshik Sansthan, Balotra,
Bishnoi Sadan, Near Bishnoi Hospital, New Bus Stand, Balotra,
Barmer, Through Its Secretary Gopesh Panwar S/o Budhar Ram,
Age 40 Years, Resident Of Amar Jyoti Medical Store, Station
Road, Lohawat, Bisnawas, Phalodi, Jodhpur.
                                                                   ----Petitioner
                                   Versus
1.       The State Of Rajasthan, Through Its Secretary, Medical
         And Health Department Government Of Rajasthan,
         Secretariat, Jaipur.
2.       The Rajasthan Nursing Council, Jaipur Through                        Its
         Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur.
3.       The Rajasthan University Of Health Science, Through Its
         Registrar, Kumbha Marg, Sector 18, Pratap Nagar, Tonk
         Road, 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
             S.B. Civil Writ Petition No. 18156/2024
Raj Nursing Institute (B.sc. Nursing), Khinwasar, Rajasthan
Through President, Rajasthan Public Shiksha Samiti, Khinwasar,
Gudha Gorji, Tehsil Udaipurwati, Rajasthan Pyarelal S/o Shri
Harphool Singh, Aged About 51 Years.
                                                                   ----Petitioner
                                   Versus


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1.       State Of Rajasthan, Through Its Principal Secretary,
         Medical And Health Department, Government Of
         Rajasthan, Government Secretariat, Jaipur (Rajasthan).
2.       Deputy Secretary, Medical And Health Department (Gr-3),
         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 Private Nursing Schools And Colleges
         Federation, Through Its President 357, Laxmi Nagar Paota
         B Road, Jodhpur.
5.       Rajasthan University Of Health Sciences, Jaipur, Through
         Its Registrar.
                                                                 ----Respondents
             S.B. Civil Writ Petition No. 18176/2024
Raj Nursing Institute, Khinwasar, Rajasthan Through President,
Rajasthan Public Shiksha Samiti, Khinwasar, Gudha Gorji, Tehsil
Udaipurwati, Rajasthan Pyarelal S/o Shri Harphool Singh, Aged
About 51 Years.
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through Its Principal Secretary,
         Medical And Health Department, Government Of
         Rajasthan, Government Secretariat, Jaipur (Rajasthan).
2.       Deputy Secretary, Medical And Health Department (Gr-3),
         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 Private Nursing Schools And Colleges
         Federation, Through Its President 357, Laxmi Nagar,
         Paota B Road, Jodhpur.
                                                                 ----Respondents
             S.B. Civil Writ Petition No. 18399/2024
Public Rose Shiksha Samiti (Sanskar Bharti College Of Nursing),
Nh-21, Hantra, Nadbai, Bharatpur, Rajasthan, Through Its
Secretary Shri Santosh Kumar S/o Shri Dwarika Prasad, Aged
About 37 Years.
                                                                    ----Petitioner
                                    Versus
1.       The State Of Rajasthan, Through Its Principal Secretary,
         Medical And Health Department, Government Of
         Rajasthan, Government Secretariat, Jaipur (Rajasthan).
2.       Rajasthan Nursing Council, Through Its Registrar, B-39,
         Sardar Patel Marg, C-Scheme, Jaipur (Rajasthan).
3.       Rajasthan    Private        Nursing        Schools       And    Colleges

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         Federation, Through Its President, 357, Laxmi Nagar,
         Paota B Road, Jodhpur, Rajasthan - 342001.
                                                                ----Respondents
             S.B. Civil Writ Petition No. 18415/2024
Public Rose Shiksha Samiti (D P M College Of Nursing), Halenu
Road, Sarsena, Weir, Bharatpur, Rajasthan, Through Its
Secretary Shri Santosh Kumar S/o Shri Dwarika Prasad, Aged
About 37 Years.
                                                                   ----Petitioner
                                   Versus
1.       State Of Rajasthan, Through Its Principal Secretary,
         Medical And Health Department, Government Of
         Rajasthan, Government Secretariat, Jaipur (Rajasthan).
2.       Rajasthan Nursing Council, Through Its Registrar, B-39,
         Sardar Patel Marg, C-Scheme, Jaipur (Rajasthan).
3.       Rajasthan University Of Health And Science, Through Its
         Registrar, Kumbha Marg, Partap Nagar, Jaipur, Rajasthan.
4.       Rajasthan Private Nursing Schools And Colleges
         Federation, Through Its President, 357, Laxmi Nagar,
         Paota B Road, Jodhpur, Rajasthan - 342001.
                                                                ----Respondents
             S.B. Civil Writ Petition No. 18461/2024
Public Rose Shiksha Samiti (Sanskar Bharti College Of Nursing),
Nh-21, Hantra, Nadbai, Bharatpur, Rajasthan, Through Its
Secretary Shri Santosh Kumar S/o Shri Dwarika Prasad, Aged
About 37 Years.
                                                                   ----Petitioner
                                   Versus
1.       The State Of Rajasthan, Through Its Principal Secretary,
         Medical And Health Department, Government Of
         Rajasthan, Government Secretariat, Jaipur (Rajasthan).
2.       Rajasthan Nursing Council, Through Its Registrar, B-39,
         Sardar Patel Marg, C-Scheme, Jaipur (Rajasthan).
3.       Rajasthan University Of Health And Science, Through Its
         Registrar, Kumbha Marg, Partap Nagar, Jaipur, Rajasthan.
4.       Rajasthan Private Nursing Schools And Colleges
         Federation, Through Its President, 357, Laxmi Nagar,
         Paota B Road, Jodhpur, Rajasthan - 342001.
                                                                ----Respondents
             S.B. Civil Writ Petition No. 18502/2024
Public Rose Shiksha Samiti (D P M College Of Nursing), Halena
Road, Sarsena, Weir, Bharatpur, Rajasthan, Through Its
Secretary Shri Santosh Kumar S/o Shri Dwarika Prasad, Aged
About 37 Years.
                                                                   ----Petitioner


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                                   Versus
1.       State Of Rajasthan, Through Its Principal Secretary,
         Medical And Health Department, Government Of
         Rajasthan, Government Secretariat, Jaipur (Rajasthan).
2.       Rajasthan Nursing Council, Through Its Registrar, B-39,
         Sardar Patel Marg, C-Scheme, Jaipur (Rajasthan).
3.       Rajasthan Private Nursing Schools And Colleges
         Federation, Through Its President, 357, Laxmi Nagar,
         Paota B Road, Jodhpur, Rajasthan - 342001.
                                                                ----Respondents
             S.B. Civil Writ Petition No. 18591/2024
Apex University (B. Sc.), Plot No. 5, Science Tech City, Achrol
Jaipur, Rajasthan, Through Its Deputy Registrar Shri Rajendra
Kumar Sharma S/o Shri Chouth Mal Sharma, Aged About 48
Years R/o Plot No. 06-B, Jyoti Vihar, Manawas, Mansarovar,
Jaipur.
                                                                   ----Petitioner
                                   Versus
1.       State Of Rajasthan, Through Its Principal Secretary,
         Medical And Health Department, Government Of
         Rajasthan, Government Secretariat, Jaipur (Rajasthan).
2.       Rajasthan Nursing Council, Through Its Registrar, B-39,
         Sardar Patel Marg, C-Scheme, Jaipur (Rajasthan).
3.       Rajasthan Private Nursing Council, School College
         Federation, Through Its Secretary-357, Laxmi Nagar,
         Paota B-Road, Jodhpur.
4.       Private Physiotherapy, Nursing And Para Medical
         Institutions Society, Jodhpur, Through Its Secretary, Plot
         No. 273, Subhash Nagar, Pal Road, Jodhpur, Rajasthan.
                                                                ----Respondents
             S.B. Civil Writ Petition No. 18664/2024
Shri Birbal Memorial Education Samiti (Naman Hospital And
Institute Of Nursing), Plot No. 1, 1A, 2, Mahaveer Nagar,
Patrakar Colony Road, Mansarovar, Jaipur, Rajasthan, Through
Its President Shri B.S. Poswal S/o Shri L.R. Poswal, Aged About
52 Years.
                                                                   ----Petitioner
                                   Versus
1.       State Of Rajasthan, Through Its Principal Secretary,
         Medical And Health Department, Government Of
         Rajasthan, Government Secretariat, Jaipur (Rajasthan).
2.       Rajasthan Nursing Council, Through Its Registrar, B-39,
         Sardar Patel Marg, C-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,

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         Jodhpur, Rajasthan.
4.       Rajasthan Private Nursing Schools And Colleges
         Federation, Through Its Chairman, 357, Laxmi Nagar,
         Paota B Road, Jodhpur, Rajasthan.
                                                                ----Respondents
             S.B. Civil Writ Petition No. 18666/2024
Shri Birbal Memorial Education Samiti (Siddhant Institute Of
Nursing), Behind Bombay Hospital, Sitapura, Jaipur, Rajasthan,
Through Its President B.S. Poswal S/o L.R. Poswal, Aged About
54 Years.
                                                                   ----Petitioner
                                   Versus
1.       State Of Rajasthan, Through Its Principal Secretary,
         Medical And Health Department, Government Of
         Rajasthan, Government Secretariat, Jaipur (Rajasthan).
2.       Rajasthan Nursing Council, Through Its Registrar, B-39,
         Sardar Patel Marg, C-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.
4.       Rajasthan Private Nursing Schools And Colleges
         Federation, Through Its Chairman, 357, Laxmi Nagar,
         Paota B Road, Jodhpur, Rajasthan.
                                                                ----Respondents
             S.B. Civil Writ Petition No. 18689/2024
Siddhant College Of Nursing, Vigyan Nagar, Jagatpura, Jaipur,
Rajasthan, Through Its Chairman B.S. Poswal S/o L.R. Poswal,
Aged About 52 Years.
                                                                   ----Petitioner
                                   Versus
1.       State Of Rajasthan, Through Its Principal Secretary,
         Medical And Health Department, Government Of
         Rajasthan, Government Secretariat, Jaipur (Rajasthan).
2.       Rajasthan Nursing Council, Through Its Registrar, B-39,
         Sardar Patel Marg, C-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.
5.       Rajasthan Private Nursing Schools And Colleges
         Federation, Through Its Chairman, 357, Laxmi Nagar,
         Paota B Road, Jodhpur, Rajasthan
                                                                ----Respondents

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             S.B. Civil Writ Petition No. 18958/2024
Shri Balaji Education Society (Shri Balaji Nursing College),
Branch Office At - Plot No. 549, Hanuwant Colony, Jodhpur,
Through Its President Dr. Raees Khan S/o Abdul Rasheed Khan,
Age - 47 Years, Resident Of 1 K-19, Housing Board, Shastri
Nagar, Jaipur.
                                                                   ----Petitioner
                                   Versus
1.       The State Of Rajasthan, Through Its Secretary, Medical
         And Health Department, Government Of Rajasthan,
         Secretariat, Jaipur.
2.       The Rajasthan Nursing Council, Jaipur, Through Its
         Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur.
3.       The Rajasthan University Of Health Science, Through Its
         Registrar, Kumbha Marg, Sector-18, Pratap Nagar, Tonk
         Road, 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
             S.B. Civil Writ Petition No. 18961/2024
Saraswati College Of Nursing, Having Its Registered Office At
Village Gonera, Kotputli, Jaipur, Rajasthan Through Its Secretary
Umarav Singh Gurjar S/o Prabhat Gurjar, Age - 61 Years,
Resident Of - Ward No. 2, Jodi Ke Pass, Sevara, Teori, Jaipur.
                                                                   ----Petitioner
                                   Versus
1.       The State Of Rajasthan, Through Its Secretary, Medical
         And Health Department Government Of Rajasthan,
         Secretariat, Jaipur.
2.       The Rajasthan Nursing Council, Jaipur, Through Its
         Registrar, B-39, Sardar Patel Marg, C- Scheme, Jaipur.
3.       The Rajasthan University Of Health Science, Through Its
         Registrar, Kumbha Marg, Sector-18, Pratap Nagar, Tonk
         Road, 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
             S.B. Civil Writ Petition No. 18966/2024
Imperial Chikitsa Shiksha Samiti, 71-71-A, Ganesh Vihar, Nagal
Purohitan, Sikar Road, Rajawas, Jaipur, Rajasthan, Through Its
Authorized Representative Shree Dilip Kumar Pareek S/o Shree
Rajendra Pareek, Aged About 39 Years.


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                                                                   ----Petitioner
                                   Versus
1.       State Of Rajasthan, Through Its Principal Secretary,
         Medical And Health Department, Government Secretariat,
         Jaipur (Rajasthan).
2.       Rajasthan Nursing Council, Through Its Registrar, B-39,
         Sardar Patel Marg, C-Scheme, Jaipur (Rajasthan).
3.       Rajasthan Private Nursing Schools And Colleges
         Federation, Through Its Chairman, 357, Laxmi Nagar,
         Paota B Road, Jodhpur, Rajasthan.
4.       Private Physiotherapy, Nursing And Para Medical
         Institution, Branch Office Jodhpur Through Its Secretary,
         Plot No.273, Subhash Nagar, Pal Road, Jodhpur.
                                                                ----Respondents
             S.B. Civil Writ Petition No. 19085/2024
Shri Bajrang Nursing College, Bharatpur Road, Deeg, Under The
Management Of Shri Bajrang College Of Pharmacy Shiksha
Samiti, Through Its Secretary Suresh Chand Sharma S/o Shri
Prasadi Lal Sharma Age About 65 Years, R/o Bhoda Gate, Near
Banke Bihari Girls College, Deeg, Bharatpur.
                                                                   ----Petitioner
                                   Versus
1.       The State Of Rajasthan, Through Its Princple Secretary,
         Medical And Health Department, Govt. Secretariat, Jaipur,
         Rajasthan.
2.       Rajasthan Nursing Council, Through Its Registrar, B-39,
         Sardar Patel Marg, C-Scheme, Jaipur, Rajasthan.
3.       Rajasthan Private Nursing School College Federation, Lal
         Kothi, Jaipur Through Its President.
4.       Private    Physiotherapy,   Nursing   And    Paramedical
         Institution Society, Jodhpur, Through Its Secretary, Plot
         No. 273, Subhash Nagar, Pal Road, Jodhpur.
                                                                ----Respondents
             S.B. Civil Writ Petition No. 19134/2024
Chaudhary Kanaram Dhaka Memorial Sansthan (Chaudhary
Kanaram Dhaka Memorial School Of Nursing), 5-6, Pratap Nagar,
Churu Road, Jhunjhunu, Rajasthan Through Its Secretary Dr. Lal
Chand Dhaka, S/o Shri Kanaram Dhaka, Age - 52 Years,
Resident Of - E/4, Indra Nagar, Subhash Marg, Jaipur.
                                                                   ----Petitioner
                                   Versus
1.       The State Of Rajasthan, Through Its Secretary, Medical
         And Health Department Government Of Rajasthan,
         Secretariat, Jaipur.
2.       The Rajasthan Nursing Council, Jaipur, Through Its
         Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur.

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3.       Private Physiotherapy, Nursing Ana Para Medical
         Institutions Society, Branch Office, Jodhpur, Through Its
         Secretary, Plot No. 273, Subhash Nagar, Pal Road,
         Jodhpur, Rajasthan.
                                                                ----Respondents
             S.B. Civil Writ Petition No. 19767/2024
Navjeevan Nursing College, Lalsot, District Dausa, Under The
Management Of Navjeevan Institute Of Paramedical Scieneces
Jaipur, B-24, Shankar Vihar, Sawai Getor, Malviya Nagar, Jaipur,
Through Its Secretary Bhagirath Meena S/o Ambalal Meena Age
About 58 Years.
                                                                   ----Petitioner
                                   Versus
1.       The State Of Rajasthan, Through Its Principle Secretary,
         Medical And Health Department, Govt. Secretariat,
         Jaipur , Rajasthan.
2.       Rajasthan Nursing Council, Through Its Registrar, B-39
         Sardar Patel Marg, C-Scheme, Jaipur, Rajasthan.
3.       Rajasthan Private Nursing School College Federation, Lal
         Kothi, Jaipur Through Its President.
4.       Private    Physiotherapy,   Nursing   And    Paramedical
         Institution Society, Jodhpur, Through Its Secretary, Plot
         No. 273, Subhash Nagar, Pal Road, Jodhpur.
                                                                ----Respondents
             S.B. Civil Writ Petition No. 19860/2024
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 64
Years.
                                                                   ----Petitioner
                                   Versus
1.       State Of Rajasthan, Through Its Principal Secretary,
         Medical Health Department, Government Of Rajasthan,
         Government Secretariat, Jaipur (Rajasthan).
2.       Rajasthan Nursing Council, Through Its Registrar, B-39,
         Sardar Patel Marg, C-Scheme, Jaipur (Rajasthan).
3.       Rajasthan University Of Health And Science, Through Its
         Registrar, Kumbha Marg, Partap Nagar, Jaipur, Rajasthan
4.       Private Physiotherapy, Nursing And Para Medical
         Institutions, Branch Office Jodhpur Through Its Secretary,
         Plot No.273, Subhash Nagar, Pal Road, Jodhpur,
         Rajasthan.
5.       Rajasthan   Private   Nursing   Schools And College
         Federation, Through Its Chairman, 357, Laxmi Nagar,
         Paota B Road, Jodhpur, Rajasthan


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                                                                ----Respondents
             S.B. Civil Writ Petition No. 19899/2024
Mahatma Gandhi Seva Sansthan (Mahatma Gandhi College Of
Nursing), 52 Feet Hanuman Ji, Bagrana, Agra Road Jaipur,
Rajasthan Through Its Member - Jitendra Kumar S/o Govind
Narayan, Age 54 Years, Resident Of Patan, Jaipur.
                                                                   ----Petitioner
                                   Versus
1.       The State Of Rajasthan, Through Its Secretary, Medical
         And Health Department Government Of Rajasthan,
         Secretariat, Jaipur.
2.       The Rajasthan Nursing Council, Jaipur Through                        Its
         Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur.
3.       The Rajasthan Uniersity Of Health Science, Through Its
         Registrar, Kumbha Marg, Sector-18, Pratap Nagar, Tonk
         Road, 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
             S.B. Civil Writ Petition No. 20848/2024
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, Resident Of Ward
No. 8, Railway Station Road, Chomu, District Jaipur.
                                                                   ----Petitioner
                                   Versus
1.       State Of Rajasthan, Through Its Principal Secretary,
         Medical And Health Department, Government Of
         Rajasthan, Government Secretariat, Jaipur (Rajasthan).
2.       Rajasthan Nursing Council, Through Its Registrar, B-39,
         Sardar Patel Marg, C-Scheme, Jaipur (Rajasthan).
3.       The Rajasthan University Of Health Science, Through Its
         Registrar, Kumbha Marg, Sector-18, Pratap Nagar, Tonk
         Road, Jaipur.
4.       Rajasthan Private Nursing Council, School College
         Federation, Through Its Secretary-357, Laxmi Nagar,
         Paota B-Road, Jodhpur.
5.       Private Physiotherapy, Nursing And Para Medical
         Institutions Society, Jodhpur, Through Its Secretary, Plot
         No. 273, Subhash Nagar, Pal Road, Jodhpur, Rajasthan.
                                                                ----Respondents

             S.B. Civil Writ Petition No. 18727/2024



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 [2025:RJ-JD:8336]                 (13 of 17)                        [CW-19974/2024]


 Bijarnia College Of Nursing, Through Rajasthan Samaj Kalyan
 Shiksha Samiti Through Its Secretary Shri Harish Choudhary S/
 o Shri Gangadhar Chaudhary, Aged About 50 Years, R/o Ward
 No.2, Mandrela, Jhunjhunu, Rajasthan.
                                                                   ----Petitioner
                                   Versus
 1.       State Of Rajasthan, Through Its Secretary, Medical And
          Health   (Group-Iii)  Department,     Government    Of
          Rajasthan, Government Secretariat, Jaipur (Rajasthan).
 2.       Rajasthan Nursing Council, Through Its Registrar, B-39,
          Sardar Patel Marg, C-Scheme, Jaipur (Rajasthan).
 3.       Rajasthan University Of Health And Science, Through Its
          Registrar, Kumbha Marg, Pratap Nagar, Jaipur,
          Rajasthan.
 4.       Private Physiotherapy, Nursing And Para Medical
          Institutions Society, Office Jodhpur Through Its
          Secretary, Plot No.273, Subhash Nagar, Pal Road,
          Jodhpur, Rajasthan.
                                                                ----Respondents


For Petitioner(s)        :     Mr. Shreyansh Mardia
                               Mr. Ankur Mathur
                               Mr. Vikas Bijarnia
                               Mr. Rishabh Purohit
                               Mr. Munesh Bhardwaj
                               Mr. Achala Ram
                               Mr Kartik Singh Lodha
                               Mr. Jaideep Singh Saluja
                               Mr. Kanishk Singhvi.
For Respondent(s)        :     Mr. N.S. Rajpurohit, AAG assisted by
                               Ms. Ruchi Parihar
                               Mr. Mahaveer Bishnoi, AAG
                               Mr. Mahendra Bishnoi
                               Ms. Akshiti Singhvi
                               Mr. Sangarm Singh
                               Mr. Vinay Kothari
                               Mr. Ayush Goyal
                               Mr. Abhinav Jain.


         HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

11/02/2025

1. Heard learned counsel for the parties.

[2025:RJ-JD:8336] (14 of 17) [CW-19974/2024]

2. The present batch of writ petitions involves identical

question, therefore, the same is being disposed of by this common

judgment.

3. Learned counsel for the petitioners-Institutions submit that

the petitioners-Institutions are imparting education in

Diploma/Degree/Master courses of Nursing education. They

further submit that the present Institutions have applied for

requisite permission from the State Government and despite

having completed all the requisite formalities for grant of "No

Objection Certificate", the State Government has not

decided/granted "No Objection Certificate" to the petitioners-

Institutions, therefore, the present writ petitions have been filed.

4. Learned counsel for the petitioners-Institutions submit that

the petitioners-Institutions after having completed all the requisite

formalities are running in accordance with law. They further

submit that the infrastructure for imparting education in the

nursing course are available with the petitioners-Institutions. They

further submit that the petitioners-Institutions have been

inspected by the competent authorities of the respondent-

Department and have not found any infirmity till date. They

further submit that despite petitioners-Institutions having

completed all the requisite formalities for grant of "No Objection

Certificate", the State Government is sitting tight over the matter

and has not decided the case of the petitioners for grant of "No

Objection Certificate".

5. Learned counsel for the petitioners further submit that since

case of the petitioners-Institutions for grant of "No Objection

[2025:RJ-JD:8336] (15 of 17) [CW-19974/2024]

Certificate" has not been decided, this Court time to time has

passed interim orders for increasing number of seats as well as

allowing the Institutions to participate in the ongoing counseling

process for admitting the students in the nursing education. They,

therefore, pray that the respondents may be directed to decide

the pending case of the petitioners-Institutions for grant of "No

Objection Certificate" expeditiously.

6. Per contra, Mr. Rajpurohit, learned AAG for the respondent-

State submits that the process for grant of "No Objection

Certificate" is taken up with the competent authorities and will be

shortly completed. Learned counsel for the State assures this

Court that the competent authorities of the respondents will be

sensitized for taking early decision in the matter.

7. I have considered the submissions made at the Bar and have

gone through the relevant record of the case.

8. Since the petitioners-Institutions are imparting education in

the field of nursing courses and students are having been

admitted in the nursing courses in pursuance of the interim order

passed by this Court, therefore, it is urgent need of the hour to

issue a direction to the State Government to decide the case of

the petitioners-Institutions for grant of "No Objection Certificate",

at the earliest.

9. In the considered opinion of this Court, the respondent-State

is under an obligation to decide the cases of the petitioners-

Institutions for grant of "No Objection Certificate" expeditiously, so

that the students, who are studying in the petitioners-Institutions

may not suffer and their future may not hang in uncertainty.

[2025:RJ-JD:8336] (16 of 17) [CW-19974/2024]

10. In these circumstances, the present writ petitions are

disposed of with a direction to the respondents to decide the case

of the petitioners-Institutions for grant of "No Objection

Certificate" within a period of eight weeks from the date of receipt

of the certified copy of this order, strictly in accordance with law.

11. The interim order passed by this Court shall continue till the

cases of the petitioners-Institutions for grant of "No Objection

Certificate" are decided. It is further ordered that if the "No

Objection Certificate" is granted to the petitioners-Institutions,

then all the benefits accruing therefrom shall be made available to

the petitioners-Institutions in accordance with law.

12. It is made clear that if the State Government passes an

order adverse to the interest of the petitioners-Institutions, it shall

record reasons for doing so after taking the entire material placed

before it including the inspection reports.

13. It is also directed that till the State Government decides the

cases of the petitioners-Institutions for grant of "No Objection

Certificate", the benefits (enrollment, appearing in examination

and declaration of results) accruing to the students in pursuance

of the interim order passed by this court shall be continued.

14. It is further ordered that the students admitted by the

present Institutions under the garb of the interim order shall

remain subject to the outcome of the decision on the "No

Objection Certificate" to be granted by the State Government. If

the State does not grant the "No Objection Certificate" to the

Institutions, the Institutions will be responsible for admitting the

students in the Institutions and the outcome of such decision.

[2025:RJ-JD:8336] (17 of 17) [CW-19974/2024]

15. The present order will be applicable to the students who

have been admitted as per the guidelines issued by the State

Government/Nursing Council for counseling.

16. The affiliation/recognition of the Universities/Colleges will be

governed by the norms and guidelines of the RUHS, RNC and INC

and further the competent authorities of these departments will be

under an obligation to consider the delay in grant of NOCs to such

Institutions while considering their respective cases.

(VINIT KUMAR MATHUR),J 414-452 & 405-Shahenshah/-

Except- 415, 418, 428, 432, 437-439, 443

447-448 & 450.

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