Rajasthan High Court - Jodhpur
Apex University vs State Of Rajasthan (2025:Rj-Jd:8934) on 13 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. 8120/2022
Times College Of Nursing, Hanumangarh Town, Hanumangarh,
Rajasthan Through Its Parental Body Times Educational Society,
Hanumangarh Town, Hanumangarh, Through Its Chairman
Sagarmal Laddha S/o Shri Bhagirathmal, By Caste Agarwal,
Aged About 64 Years, Resident Of Hanumangarh (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through Its Principal Secretary,
Medical And Health Department, Government Of
Rajasthan, Government Secretariat, Jaipur (Rajasthan).
2. Rajasthan Nursing Council, Through Its Registrar, B-39,
Sardar Patel Marg, C-Scheme, Jaipur (Rajasthan).
3. Rajasthan University Of Health And Science, Through Its
Registrar, Kumbha Marg, Partap Nagar, Jaipur, Rajasthan.
4. Private Physiotherapy, Nursing And Para Medical
Institutions Society, Branch Office Jodhpur Through Its
Secretary, Plot No. 273, Subhash Nagar, Pal Road,
Jodhpur Rajasthan.
----Respondents
Connected With
S.B. Civil Writ Petition No. 7219/2022
Murali Singh Yadav Memorial Nursing Institute, Karni Coach,
Udairamsar, Bikaner Being Run By Society Murali Singh Yadav
Memorial Prashikshan Sansthan, Udairamsar, Bikaner Through
Its Secretary Kuldeep Yadav S/o Shri Manmohan Singh Yadav,
Aged 43 Years, Resident Of Karni Coach, Udairamsar, District
Bikaner.
----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 Having Office Address At Plot No.
273, Subhash Nagar, Pal Road, Jodhpur.
----Respondents
S.B. Civil Writ Petition No. 7359/2022
Arihant Educational And Charitable Trust, Having Its Registered
Office At Hotel Navrang, Civil Lines, Nayapura, Kota, Through Its
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Director Vipin Kumar Lodha S/o Hukam Chand Lodha, Age 56
Years, Resident Of Bajaj Khana, Kota City, Kota.
----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. Rajasthan Private Nursing Schools and Colleges
Federation through its Secretary, 357 Laxmi Nagar Paota
B-Road, Jodhpur, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 7637/2022
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, Borawar, Tehsil Makrana, District Nagaur
(Raj.).
----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 Sciences, Through Its
Registrar, Kumbha Marg, Pratap Nagar, Jaipur, Rajasthan.
4. Private Physiotherapy, Nursing And Para Medical
Institutions Society, Branch Office Through Its Secretary,
Plot No.273, Subhash Nagar, Pal Road, Jodhpur,
Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 11915/2022
Deepshikha Kala Sansthan, Having Its Registered Office At
Sector 3, Varun Path, Mansarovar, Jaipur, Rajasthan Through Its
Director Mr. Prem Surana S/o Nirmal Kumar Surana, Age - 66
Years, Resident Of 08 Gaurav Nagar, Near CM House, Civil Lines,
Jaipur.
----Petitioner
Versus
1. State Of Rajasthan, Through Its Secretary, Medical And
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Health Department Government Of Rajasthan,
Secretariat, Jaipur.
2. Rajasthan Nursing Council, Through Its Registrar, B-39,
Sardar Patel Marg, C-Scheme, Jaipur.
3. Rajasthan University Of Health Science, Through Its
Registrar, Kumbha Marg, Partap Nagar, Jaipur, Rajasthan.
4. Private Physiotherapy, Nursing And Para Medical
Institutions Society, Branch Office Jodhpur Through Its
Secretary, Plot No. 273, Subhash Nagar, Pal Road,
Jodhpur Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 18775/2022
Mateshwari Indrani Charitable Trust, (Haadi Rani College Of
Nursing), Near Hanuman Mandir, Nosa, Udaipur, Rajasthan,
Through Its Representative Shri Jitndra Pal Singh Chundawat S/o
Shri Jeevan Singh Chundawat, Aged About 34 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, Pratap 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 - 342001
----Respondents
S.B. Civil Writ Petition No. 18779/2022
Sorabh Nursing College, Karauli Road, Kheda, Hindauncity,
District Karauli Being Run By Society Rajasthan Delhi Education
Society, 357, Laxmi Nagar, Paota B Road, Jodhpur Through Its
Secretary Mahesh Singh Beniwal S/o Vijay Singh Beniwal, Aged
43 Years, R/o 357, Laxmi Nagar, Paota B Road, Jodhpur (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through Its Principal Secretary,
Medical And Health Department, Government Of
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Rajasthan, Secretariat, Jaipur.
2. The Social Justice And Empowerment Department,
Through Its Secretary, Secretariat, Jaipur, Rajasthan.
3. Rajasthan Nursing Council, Through Its Registrar, B-39,
Sardar Patel Marg, C-Scheme, Jaipur.
4. Rajasthan University Of Health And Science, Through Its
Registrar, Kumbha Marg, Partap Nagar, Jaipur.
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
S.B. Civil Writ Petition No. 19485/2022
Manav Vikas Sewa Samiti (Katta Nursing College), Katta
Hospital, Baswa Road, Bandikui, Dausa, Rajasthan, Through Its
President Shri Satyendra Kumar Katta S/o Shri Radhey Shyam
Katta, 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. Rajasthan Nursing Council, Through Its Registrar, B-39,
Sardar Patel Marg, C-Scheme, Jaipur (Rajasthan).
3. Rajasthan University Of Health And Science, Through Its
Registrar, Kumbha Marg, Partap Nagar, Jaipur, Rajasthan.
4. Private Physiotherapy, Nursing And Para Medical
Institutions Society, Branch Office Jodhpur Through Its
Secretary, Plot No. 273, Subhash Nagar, Pal Road,
Jodhpur Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 1624/2023
Shri Khushal Das University, Suratgarh Road, Near Toll Plaza,
Hanumangarh Jn., Hanumangarh, Through Its Chairperson -
Dinesh Kumar Juneja S/o Vakil Chand, Age 40 Years, R/o 7 Stg,
Suratgarh, Skd Campus, Near Toll Plaza, 32 Ssw, Hanumangarh,
Rajasthan.
----Petitioner
Versus
1. The State Of Rajasthan, Through Its Joint Secretary ,
Department Of Higher Education, Group - 4, Government
Of Rajasthan, Secretariat, Jaipur.
2. The State Of Rajasthan, Through Its Secretary, Medical
And Health Department Government Of Rajasthan,
Secretariat, Jaipur.
3. Rajasthan Nursing Council, Jaipur Through Its Registrar,
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B-39, Sardar Patel Marg, C-Scheme, Jaipur.
4. Rajasthan Private Nursing Schools And Colleges
Federation, Through Its Secretary, 357 Laxmi Nagar,
Paota B Road, Jodhpur.
----Respondents
S.B. Civil Writ Petition No. 1991/2023
Janardan Rai Nagar Rajasthan Vidhyapeeth University, Pratap
Nagar Airport Road, Udaipur, Rajasthan, Through Its Registrar,
Dr. Hem Shankar Dadhich S/o Late Shri Chagan Lal Dadhich, Age
60 Years, R/o Satyanarayan Marg, Choti Brahmpuri, Girwa,
Udaipur.
----Petitioner
Versus
1. The State Of Rajasthan, Through Its Secretary, Medical
And Health Department, Government Of Rajasthan,
Secretariat, Jaipur.
2. Rajasthan Nursing Council, Jaipur Through Its Registrar,
B-39, Sardar Patel Marg, C-Scheme, Jaipur.
3. 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. 2052/2023
Janardan Rai Nagar Rajasthan Vidhyapeeth University, Pratap
Nagar, Airport Road, Udaipur, Rajasthan, Through Its Registrar
Dr. Hem Shankar Dadhich S/o Late Shri Chagan Lal Dadhich, Age
60 Years, Resident Of Satyanarayan Marg, Choti Brahmpuri,
Girwa, Udaipur.
----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
S.B. Civil Writ Petition No. 16548/2023
Janardan Rai Nagar Rajasthan Vidhyapeeth University, Pratap
Nagar, Airport Road, Udaipur, Rajasthan, Through Its Registrar -
Tarun Shrimali S/o Shyam Lal Shrimali, Age 53 Years, R/o 3,
Ganpati Nagar A, Bohra Ganeshji, Girwa, Udaipur.
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----Petitioner
Versus
1. 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
S.B. Civil Writ Petition No. 16969/2023
Janardan Rai Nagar Rajasthan Vidhyapeeth University, Pratap
Nagar, Airport Road, Udaipur, Rajasthan, Through Its Registrar -
Tarun Shrimali S/o Shyam Lal Shrimali, Age-53 Years, Resident
Of -3, Ganpati Nagar A, Bohra Ganeshji, Girwa, Udaipur.
----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
S.B. Civil Writ Petition No. 17978/2023
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, Borawar, Tehsil Makrana, District Nagaur
(Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through The 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 School College Federation, Lal
Kothi, Jaipur Through Its President.
4. Private Physiotherapy, Nursing And Para Medical
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Institutions Society, Jodhpur, Through Its Secretary, Plot
No. 273, Subhash Nagar, Pal Road, Jodhpur, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 19116/2023
Shri Khushal Das University, Suratgarh Road, Near Toll Plaza,
Hanumangarh Jn., Hanumangarh, Through Its Chairperson -
Dinesh Kumar Juneja, S/o Vakil Chand, Age - 40 Years, Resident
Of 7 Stg, Suratgarh, Skd Campus, Near Toll Plaza, 32 Ssw,
Hanumangarh, Rajasthan.
----Petitioner
Versus
1. The State Of Rajasthan, Through Its Joint Secretary,
Department Of Higher Education, Group - 4, Government
Of Rajasthan, Secretariat, Jaipur.
2. The State Of Rajasthan, Through Its Secretary, Medical
And Health Department Government Of Rajasthan,
Secretariat, Jaipur.
3. The Rajasthan Nursing Council, Jaipur, Through Its
Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur.
4. Rajasthan Private Nursing Schools And College
Federation, Through Its Secretary - 357, Laxmi Nagar,
Paota B Road, Jodhpur.
----Respondents
S.B. Civil Writ Petition No. 19117/2023
Shri Khushal Das University, Suratgarh Road, Near Toll Plaza,
Hanumangarh Jn., Hanumangarh, Through Its Chairperson
Dinesh Kumar Juneja S/o Vakil Chand, Age 40 Years, Resident Of
7 Stg, Suratgarh, Skd Campus, Near Toll Plaza, 32 Ssw,
Hanumangarh, Rajasthan.
----Petitioner
Versus
1. The State Of Rajasthan, Through Its Joint Secretary,
Department Of Higher Education, Group 4, Government
Of Rajasthan, Secretariat, Jaipur.
2. The State Of Rajasthan, Through Its Secretary, Medical
And Health Department Government Of Rajasthan,
Secretariat, Jaipur.
3. The Rajasthan Nursing Council, Jaipur, Through Its
Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur.
4. Rajasthan Private Nursing Schools And College
Federation, Through Its Secretary 357, Laxmi Nagar,
Paota B Road, Jodhpur, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 1831/2024
Shri Balaji Shikshan Sansthan, C/o 205 Subhash Nagar,
Bhilwara, Rajasthan, Through Its President Shree Pramod Tiwari
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S/o Shri Gopal Lal Tiwari, 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. 2138/2024
Apex University, Plot No. 5, Science Tech City, Achrol, Jaipur,
Rajasthan, Through Its Registrar Shri Rajendra Kumar Sharma
S/o Shri Chouth Mal Sharma, Aged About 47 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 Private Nursing Schols And Colleges
Federation, Through Its President, 357, Laxmi Nagar,
Paota B Road, Jodhpur, Rajasthan - 342001.
----Respondents
S.B. Civil Writ Petition No. 2546/2024
B.S. Shikshan Sansthan, (B. Lal Institute Of Nursing And
Technology), Data, Tehsil - Sanchore, District Jalore, Rajasthan,
Through Its President Dr. Babulal Bishnoi, S/o Shri Dhanna Ram
Bishnoi, Aged About 50 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 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. 2579/2024
B.S. Shikshan Sansthan, (B.lal Institute Of Nursing And
Technology), Data, Tehsil- Sanchore, District Jalore, Rajasthan,
Through Its President Dr. Babulal Bishnoi, S/o Dhanna Ram
Bishnoi, Aged About 50 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, Rajasthan Nursing Council
Through Its Registrar, B-39, Sardar Patel Marg, C-
Scheme, Jaipur (Rajasthan).
3. Rajasthan Private Nursing Schools And Colleges
Federation, Rajasthan Private Nursing Schools And
Colleges Federation, Through Its Chairman, 357, Laxmi
Nagar, Paota B Road, Jodhpur, Rajasthan
4. Rajasthan University Of Health And Science, Rajasthan
University Of Health And Science Through Its Registrar,
Kumbha Marg, Pratap Nagar, Jaipur Rajasthan
----Respondents
S.B. Civil Writ Petition No. 10668/2024
Shri Khushal Das University, Suratgarh Road, Near Toll Plaza,
Hanumangarh Jn., Hanumangarh, Through Its Chairperson -
Dinesh Kumar Juneja, S/o Vakil Chand, Age - 40 Years, Resident
Of - 7 Stg, Suratgarh, Skd Campus, Near Toll Plaza, 32 Ssw,
Hanumangarh, Rajasthan.
----Petitioner
Versus
1. The State Of Rajasthan, Through Its - Joint Secretary,
Department Of Higher Education, Group - 4, Government
Of Rajasthan, Secretariat, Jaipur.
2. The State Of Rajasthan, Through Its Secretary, Medical
And Health Department Government Of Rajasthan,
Secretariat, Jaipur.
3. The Rajasthan Nursing Council, Jaipur Through Its
Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur.
4. Rajasthan Private Nursing Schools And Colleges
Federation, Through Its Secretary - 357, Laxmi Nagar,
Paota, B-Road, Jodhpur.
----Respondents
S.B. Civil Writ Petition No. 10669/2024
Shri Khushal Das University, Suratgarh Road, Near Toll Plaza,
Hanumangarh Jn., Hanumangarh, Through Its Chairperson -
Dinesh Kumar Juneja S/o Vakil Chand, Age - 40 Years, Resident
Of - 7 Stg, Suratgarh, Skd Campus, Near Toll Plaza, 32 Ssw,
Hanumangarh, Rajasthan.
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----Petitioner
Versus
1. The State Of Rajasthan, Through Its - Joint Secretary,
Department Of Higher Education, Group - 4, Government
Of Rajasthan, Secretariat, Jaipur.
2. The State Of Rajasthan, Through Its Secretary, Medical
And Health Department Government Of Rajasthan,
Secretariat, Jaipur.
3. The Rajasthan Nursing Council, Jaipur, Through Its
Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur.
4. Rajasthan Private Nursing Schools And Colleges
Federation, Through Its Secretary - 357, Laxmi Nagar,
Paota, B- Road, Jodhpur.
----Respondents
S.B. Civil Writ Petition No. 10841/2024
Ma Bharti Nursing College, Through Mangalam Jan Sewa
Sansthan Through Its President shri Karni Singh Rathore S/o
Shri Bal Bahadur Singh Rathore, Aged About 61 Years, R/o
Rajendra Babu Marg, Ward No.15, Kushalgarh, Banswara,
Rajasthan.
----Petitioner
Versus
1. The 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. Additional Director (Training), Legal And Health
Department, Secretariat, Jaipur, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 12236/2024
Mewar University, Gangrar, Chittorgarh, Rajasthan, Through Its
Registrar, Kaushal K Chandrul S/o Om Prakash Chandrul, Aged
About 47 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.
----Respondents
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S.B. Civil Writ Petition No. 12953/2024
M. B. College Of Nursing, (M.sc. Nursing), Dungarpur Being Run
By Society M.b. Health And Hygiene Nursing Shikshan Sansthan,
Dungarpur Through Its Secretary Kapil Anand Kalal S/o Poonam
Chand Kalal, Aged 42 Years, R/o Shastri Colony, Badal Mahal
Road, Dungarpur, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through Its Principal Secretary,
Medical And Health Department, Government Of
Rajasthan, Government Secretariat, Jaipur (Rajasthan).
2. Rajasthan Nursing Council, Through Its Registrar, B-39,
Sardar Patel Marg, C-Scheme, Jaipur (Rajasthan).
3. 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
President, Plot No. 273, Subhash Nagar, Pal Road,
Jodhpur, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 18663/2024
Naman Hospital And Institute Of Nursing, 1, 1A, 2 Mahaveer
Nagar, Muhana Road, Opp. V.t. Road, Mansarovar, 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
S.B. Civil Writ Petition No. 10644/2024
Janardan Rai Nagar Rajasthan Vidhyapeeth University, Pratap
Nagar, Airport Road, Udaipur, Rajasthan, Through Its Registrar-
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Tarun Shrimali S/o Shyam Lal Shrimali, Age 53 Years, R/o 3,
Ganpati Nagar A, Bohra Ganeshji, Girwa, Udaipur.
----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 Phsiotherapy, 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. B.S. Sandhu with
Mr. Dishant Kiroriwal
Mr. Tushar Thanvi for
Mr. C.S. Kotwani
Mr. Shreyansh Mardia
Mr. Ankur Mathur with
Mr. Harshvardhan Thanvi
Mr Kartik Singh Lodha
Mr. Kunal Jaiman.
For Respondent(s) : Mr. N.S. Rajpurohit, AAG assisted by
Ms. Ruchi Parihar
Mr. Mahaveer Bishnoi, AAG
Mr. Mahendra Bishnoi
Ms. Akshiti Singhvi
Mr. Nitesh Mathur
Mr. Vishwas Khatri for
Dr. Mohit Singhvi
Mr. Sangram Singh
Mr. Vinay Kothari
Mr. Ayush Goyal
Mr. Bhavyadeep Singh
Mr. Abhinav Jain.
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
13/02/2025
1. Heard learned counsel for the parties.
2. The present batch of writ petitions involves identical
question, therefore, the same is being disposed of by this common
judgment.
[2025:RJ-JD:8934] (13 of 16) [CW-8120/2022]
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
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
[2025:RJ-JD:8934] (14 of 16) [CW-8120/2022]
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.
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
[2025:RJ-JD:8934] (15 of 16) [CW-8120/2022]
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.
15. The present order will be applicable to the students who
have been admitted as per the guidelines issued by the State
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Government/Nursing Council/ Rajasthan University of Health
Sciences 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
388-419 & 182-Shahenshah/-
Except: 393, 397, 398, 402, 412 & 418.
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