Rajasthan High Court - Jodhpur
Shri Maharashi Dadhich Shiksha Samiti ... vs State Of Rajasthan (2025:Rj-Jd:5211) on 27 January, 2025
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2025:RJ-JD:5211]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 19310/2024
Shri Maharashi Dadhich Shiksha Samiti (SMD College of
Nursing), Behind Semcor Factory, Naya Nohra, Baran Road, Kota,
Rajasthan Through Its Secretary Raj Dadhich S/o R.N. Dadhich,
Aged About 43 Years.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Medical And
Health (Group-Iii) Department, Government Of
Rajasthan, Secretariat, Jaipur.
2. Additional Director, Medical And Health (Group-Iii)
Department, Government Of Rajasthan, Jaipur.
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. Rajasthan Private Nursing Schools And Colleges
Federation, Through Its Chairman 357, Laxmi Nagar,
Paota B Road, Jodhpur, Rajasthan- 342001.
6. 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 with
Mr. Harshvardhan Thanvi.
For Respondent(s) : Mr. N.S. Rajpurohit, AAG.
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
27/01/2025
1. Heard learned counsel for the parties.
[2025:RJ-JD:5211] (2 of 3) [CW-19310/2024]
2. The present writ petition has been filed against the order
dated 30.05.2023, whereby, the application for grant of 'No
Objection Certificate' to the petitioner has been rejected.
3. Learned counsel for the petitioner submits that the
petitioner-Institute is having all the requisite infrastructure for the
purpose of undertaking B.Sc Nursing Course. He further submits
that the correct dimensions of the rooms and labs have not been
taken into consideration while passing the order dated
30.05.2023. He also submits that the petitioner may be given
liberty to place on record the correct maps/blueprint of the
building of the petitioner-Institute so that the respondents can re-
appreciate the correct factual aspect of the matter while
considering the case for grant of NOC to the petitioner-Institute.
4. Learned counsel for the petitioner further submits that the
shortcomings/infirmities pointed out in the order dated
30.05.2023 are factually not correct and are required to be re-
appreciated in light of the correct certified copies of the
maps/blueprints issued by the Government authorities to be
submitted by the petitioner to the respondents. He also submits
that the point Nos.4 and 5 in the order dated 30.05.2023 are in
violation of the judgment delivered by Hon'ble Division Bench of
this Court in D.B.S.A.W. No.11/2023 (State of Rajasthan Vs.
Private Physiotherapy).
5. Mr. N.S. Rajpurohit, learned Additional Advocate General is
not in a position to refute the submissions made by learned
counsel for the petitioner, however, he submits that if the correct
maps certified under the signatures of the competent Government
authority are produced before the respondents, the same shall be
[2025:RJ-JD:5211] (3 of 3) [CW-19310/2024]
considered while re-examining the case of the petitioner for grant
of NOC.
6. In view of the submissions made before this Court and
taking into consideration that the shortcomings/infirmities pointed
out in the order dated 30.05.2023 are of trivial in nature and
against the judgment rendered by the Hon'ble Division Bench in
the case of Private Physiotherapy (supra), therefore, the same is
required to be quashed and set aside and the respondents are
directed to re-consider the case of the petitioner-Institute for
grant of NOC on the basis of latest certified copies of the
maps/blueprints issued by the Government authorities to be
supplied by the petitioner and the judgment of the Hon'ble
Division Bench rendered in the case of Private Physiotherapy
(supra).
7. The present writ petition is disposed of in the terms stated
above.
8. The petitioner shall submit the requisite documents within a
period of two weeks from today and the respondents shall decide
the case of the petitioner for grant of NOC in accordance with law
within a period of four weeks thereafter.
(VINIT KUMAR MATHUR),J
69-Shahenshah/-
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