Achal Shikshan Sansthan (Achal Nursing ... vs State Of Rajasthan (2025:Rj-Jd:2526)
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Rajasthan High Court - Jodhpur

Achal Shikshan Sansthan (Achal Nursing ... vs State Of Rajasthan (2025:Rj-Jd:2526) on 15 January, 2025

Author: Vinit Kumar Mathur

Bench: Vinit Kumar Mathur

[2025:RJ-JD:2526]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                    S.B. Civil Writ Petition No. 626/2023

Achal Shikshan Sansthan (Achal Nursing College), Gudamalani,
Barmer Through Its Chairman Sh. Achala Ram Choudhary, Aged
About 40 Years.
                                                                       ----Petitioner
                                       Versus
1.       State Of Rajasthan, Through Its Principal Secretary
         Medical      And        Health      Department             Government    Of
         Rajasthan, Secretariat, Jaipur.
2.       Rajasthan University Of Health Sciences, Through Its
         Registrar, Kumbha Marg, C-Scheme, Jaipur.
3.       Rajasthan Nursing Council, Through Its Registrar, B-39,
         Sardar Patel Marg, C-Scheme, Jaipur.
4.       Rajasthan Private Nursing School & College Federation,
         357 Laxmi Nagar Paota B Road, Jodhpur, Rajasthan.
                                                                    ----Respondents


For Petitioner(s)            :     Mr. Ramdeen Choudhary
For Respondent(s)            :     Mr. N.S. Rajpurohit, AAG assisted by
                                   Ms. Ruchi Parihar



         HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

15/01/2025

1. By way of present writ petition, the petitioner has challenged

the order dated 16.09.2022, whereby the petitioner's application

for conducting/establishing B.Sc. nursing course has been turned

down.

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

[2025:RJ-JD:2526] (2 of 3) [CW-626/2023]

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. Mr. Rajpurohit, learned Additional Advocate General for the

respondent is not in a position to dispute the aforesaid position of

facts and law.

4. On perusal of the order dated 16.09.2022, 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

Coordinate 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 16.09.2022 is hereby quashed and set

aside.

7. In this view of the matter, the petitioner-Institution is

directed to file an appropriate application in accordance with the

new Guidelines dated 15.10.2025, seeking permission for

establishing Nursing Colleges and Schools for conducting the

courses mentioned in their application, within a period of three

weeks from today.

[2025:RJ-JD:2526] (3 of 3) [CW-626/2023]

In case such application is filed by the petitioner-Institution,

it is expected that the respondents shall consider and decide the

same and pass appropriate order, preferably within a period of two

months from the date of submission of the application after

conducting necessary inspection subject to the condition that the

petitioner-Institution has completed all the other requisite

formalities.

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.

(VINIT KUMAR MATHUR),J 33-/Arun Pandey/-

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