Rajasthan High Court - Jodhpur
Annpurna Medical Training (College Of ... vs State Of Rajasthan (2025:Rj-Jd:8392) on 11 February, 2025
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2025:RJ-JD:8392]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 18945/2024
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 57 Years.
----Petitioner
Versus
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).
3. Rajasthan Nursing Council, Through Its Registrar, B-39,
Sardar Patel Marg, C-Scheme, Jaipur (Rajasthan).
4. Rajasthan University Of Health & Science, Through Its
Registrar, Kumbha Marg, Partap Nagar, Jaipur, Rajasthan.
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. Rajasthan Private Nursing Schools And Colleges
Federation, Through Its Chairman, 357, Laxmi Nagar,
Paota B Road, Jodhpur, Rajasthan.
----Respondents
Connected With
S.B. Civil Writ Petition No. 18956/2024
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 57 Years.
----Petitioner
Versus
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).
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, Partap Nagar, Jaipur, Rajasthan.
5. 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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[2025:RJ-JD:8392] (2 of 5) [CW-18945/2024]
6. Rajasthan Private Nursing Schools And Colleges
Federation, Through Its Chairman, 357, Laxmi Nagar,
Paota B Road, Jodhpur, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Ankur Mathur
Mr. Harshvardhan Thanvi
For Respondent(s) : Mr. N.S. Rajpurohit, AAG assisted by
Ms. Anita Rajpurohit and Ms. Ruchi
Parihar
Mr. Mahendra Vishnoi
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
11/02/2025
1. Heard learned counsel for the parties.
2. Both the present writ petitions are being disposed of by this
common order as the grievances raised in the writ petitions are on
the same facts. However, for brevity, the facts of S.B. Civil Writ
Petition No.18956/2024 are taken into consideration.
3. The present writ petition has been filed with the following
prayers:
"(i) The record of the case may kindly be called for;
(ii) The respondents may further be directed to
include the name of the petitioner institution in the
list of eligible institutions for the purpose of
counseling in B.Sc. Nursing Course with intake
capacity of 80 seats for academic session 2024-25
onwards.
(iii) The respondent federation/association may be
directed to recommend the petitioner institution to
the authorities for include the name of the petitioner
institution in its counseling.
(iv) The respondent University may further be
directed to accept the annual affiliation and other
fees of the petitioner institution."
[2025:RJ-JD:8392] (3 of 5) [CW-18945/2024]
4. Learned counsel for the petitioners submits that the
petitioner-Institutions have been inspected by the Inspectors of
the respondent-Department and positive recommendations for
enhancement of the seats of the petitioner-Institutions have been
made. Thereafter, the matters have also been examined by the
Scrutiny Committee of the State Government, which also made
positive recommendations for the enhancement of the seats of the
petitioner-Institutions. Learned counsel for the petitioners further
submits that in the reply so preferred by the State Government,
an order dated 29.08.2022 has been placed on record, whereby,
the applications for the enhancement of the seats of the
petitioners have been rejected. The ground for rejection of the
applications, as has been taken in the order dated 29.08.2022, is
that the petitioners do not have 100-bedded hospital of their own.
Learned counsel further submits that the ground on which the
applications have been rejected is no more sustainable in light of
the judgment dated 01.03.2024 passed by the Division Bench of
this Court in a bunch of cases led by D.B. Special Appeal Writ
No.11/2023 : State of Rajasthan vs. Private Physiotherapy,
Nursing and Paramedical Institution Society. He, therefore,
prays that the cases of the petitioners for grant of No Objection
Certificate may be ordered to be considered afresh by the State
Government in light of the observations made by the Inspectors of
the Inspection Team, recommendation made by the Scrutiny
Committee and the law laid down by the Division Bench of this
Court vide judgment dated 01.03.2024.
[2025:RJ-JD:8392] (4 of 5) [CW-18945/2024]
5. Per contra, learned counsel for the respondents submit that
since the State Government has already rejected the applications
preferred by the petitioners for enhancement of seats, therefore,
the petitioners may be directed to either assail the validity of the
order of rejection or file a fresh application in the light of the
judgment passed by the Division Bench of this Court.
6. I have considered the submissions made at the Bar and have
gone through the relevant records of the case.
7. The admitted position of the cases clearly shows that the
petitioner-Institutions were inspected by the Inspectors and the
Inspection Report have been filed, wherein, the recommendations
for enhancement of the seats of the Institutions have been made.
Thereafter, the matters were examined by the Scrutiny Committee
consisting of the highest Officers of the State Government and in
its meeting held on 27.07.2021, the Committee has also
recommended the cases of the petitioner-Institutions for
enhancement of their seats. It is also noted that the Division
Bench of this Court vide its judgment dated 01.03.2024 rendered
in the case of Private Physiotherapy, Nursing and Paramedical
Institution Society (supra) has declared the condition of "100-
bedded own hospital" of the Institutions as invalid and, therefore,
the rejection order passed by the State Government rejecting the
applications of the petitioner-Institutions for enhancement of the
seats is not sustainable.
8. In view of the discussions made above, the present writ
petitions are disposed of with a direction to the State Government
to reconsider the cases of the petitioner-Institutions for grant of
No Objection Certificate afresh in view of the Inspection Report,
[2025:RJ-JD:8392] (5 of 5) [CW-18945/2024]
the recommendation of the Scrutiny Committee and the law laid
down by the Division Bench of this Court in judgment dated
01.03.2024 in the case of Private Physiotherapy, Nursing and
Paramedical Institution Society (supra), by passing a speaking
order. Needful shall be done by the State Government within a
period of eight weeks from the date of receipt of the certified copy
of this order, strictly in accordance with law.
9. Stay petition and other pending applications, if any, shall
stand disposed of accordingly.
(VINIT KUMAR MATHUR),J
438-439-/Arun Pandey/-
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