Rajasthan High Court - Jodhpur
Kalpatru College Of Post Basic B.Sc. ... vs State Of Rajasthan (2025:Rj-Jd:1235) on 8 January, 2025
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2025:RJ-JD:1235]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 2512/2023
Kalpatru College of Post Basic B.Sc. Nursing, Through Its
Director Nitin Pahuja S/o Shri Kamal Pahuja, Aged About 32
Years, R/o Kalpatru Complex, Hiran Magri, Sector-5, Udaipur.
----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. 2445/2023
Gayatri Education and Nursing Institute and Unique Society,
(Genius College Of Nursing) Through Its Secretary Shri Kamal
Pahuja S/o Late Shri Budhar Mal Ji, Aged About 57 Years, Genius
College Of Nursing, R/o Of Saraswati Nagar, Opp. Saras Dairy,
Ajemr Road, Bhilwara, 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
Secretary, Plot No. 273, Subhash Nagar, Pal Road,
Jodhpur Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 4598/2024
Shri Jagdish Prashad Charitable Trust, (Kalpatru College Of B.Sc.
Nursing), Eklingpura, Jhamar Kotada Road, Opp. Patel Petrol
Pump, Udaipur, Rajasthan, Through Its Managing Trustee Shri
Nitin Pahuja S/o Shri Kamal Pahuja, Aged About 31 Years.
----Petitioner
(Downloaded on 09/01/2025 at 09:44:02 PM)
[2025:RJ-JD:1235] (2 of 3) [CW-2512/2023]
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
For Petitioner(s) : Mr. Ankur Mathur.
For Respondent(s) : Mr. Sangram Singh.
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
08/01/2025
1. Heard learned counsel for the parties.
2. Learned counsel for the parties are in agreement that the
controversy involved in the present writ petitions is squarely
covered by a judgment rendered by this Court in S.B. Civil Writ
Petition No.18325/2024 (Universal Institute of Nursing
(GNM) Neemrana Vs. State of Rajasthan & Ors.), decided on
13.12.2024 in the following terms:-
"6. I have considered the submissions made at the Bar
and have gone through the relevant record of the case.
7. Since the petitioner-Institution is 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 petitioner-
Institution for grant of "No Objection Certificate", at the
earliest.
8. In the considered opinion of this Court, the
respondent-State is under an obligation to decide the
cases of the petitioner-Institution for grant of "No
Objection Certificate" expeditiously, so that the students,
[2025:RJ-JD:1235] (3 of 3) [CW-2512/2023]
who are studying in the petitioner-Institution may not
suffer and their future may not hang in uncertainty.
9. In these circumstances, the present writ petition is
disposed of with a direction to the respondents to decide
the case of the petitioner-Institution 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.
10. The interim order passed by this Court shall
continue till the cases of the petitioner-Institution for
grant of "No Objection Certificate" are decided.
11. It is made clear that if the State Government passes
an order adverse to the interest of the petitioner-
Institution, it shall record reasons for doing so after
taking the entire material placed before it including the
inspection reports.
12. It is also directed that till the State Government
decides the cases of the petitioner-Institution for grant of
"No Objection Certificate", the benefits accruing to the
students in pursuance of the interim order passed by this
court shall be continued.
13. It is further ordered that the students admitted by
the present Institution 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 Institution
will be responsible for admitting the students in the
Institution and the outcome of such decision.
14. 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.
15. The affiliation of the Universities/Colleges will be
governed by the Norms of RUHS and RUHS authorities
will be under an obligation to consider the delay in grant
of NOCs to such institution."
3. In view of the submissions made before this Court, the
present writ petitions are also disposed of in terms of the
judgment rendered by this Court in the case of Universal Institute
of Nursing (GNM), Neemrana (supra).
(VINIT KUMAR MATHUR),J
286, 287 & 292-Shahenshah/-
Powered by TCPDF (www.tcpdf.org)
