Rajasthan High Court - Jodhpur
Raghukul Research And Technical ... vs State Of Rajasthan (2025:Rj-Jd:5672) on 29 January, 2025
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2025:RJ-JD:5672]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 1737/2025
Raghukul Research And Technical Institute, Raghukul School Of
Nursing C/o Jagatpura Main Road, Jaipur, Rajasthan Through Its
President Nagendra Singh S/o V.s. Shekhawat, Age- 53 Years.
----Petitioner
Versus
1. State of Rajasthan, Through The Secretary, Medical And
Health (Group-Iii) Department, Government Of
Rajasthan, Secretariat, Jaipur.
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.
4. Rajasthan Private Nursing Schools And Colleges
Federation, Through Its President, 357, Laxmi Nagar,
Paota B Road, Jodhpur, Rajasthan - 342001.
5. Private Physiotherapy, Nursing And Para Medical
Institution, Branch Office Jodhpur Through Its Secretary,
Plot No. 273, Subhash Nagar, Pal Road, Jodhpur.
----Respondents
For Petitioner(s) : Mr. Ankur Mathur
For Respondent(s) : Mr. N.S. Rajpurohit assisted by
Ms. Ruchi Parihar
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
29/01/2025
Heard learned counsel for the parties.
Learned counsel for the parties submit that the controversy
involved in the present case is squarely covered by the judgment
rendered by this Court in a bunch of writ petitions led by S.B.
Civil Writ Petition No.15732/2022 : Mayurakshi College of
[2025:RJ-JD:5672] (2 of 3) [CW-1737/2025]
Nursing Jodhpur Vs. State of Rajasthan & Ors. decided on
20.10.2023 in the following terms:-
"13. Thus, in view of the above, the present writ
petitions are disposed of with liberty to the petitioners-
institutions that in case they desire to further continue
with the aforementioned Courses in question in the next
academic session with enhanced in take capacity, they
shall apply for fresh NOC before the State
Government/State Nursing Council, in that regard, within
a period of 15 days from today, and the cases of the
petitioners-institutions, with regard to such NOC, shall be
considered and decided by the State Government/State
Nursing Council, within a period of 45 days from the date
of receipt of a certified copy of this judgment, strictly in
accordance with law. Such decision taken by the State
Government/State Nursing Council/INC shall be binding
on all the institutions, for intake capacity/future running
of the aforementioned Courses in question. Thus, it is
directed that the fate of the institution(s) for the intake
capacity/future running of the aforementioned Courses in
question shall be as per the decision of the State
Government, while keeping into consideration the stand
of the INC and State Nursing Council.
14. It is needless to say that the respondent-INC
will be free to exercise its powers, as per the order
passed in the case of Indian Nursing Council Vs
Kamaksha & Ors. (Supra). This Court thus, directs the
respondents to regularize the students in the Courses in
question i.e. B.Sc. (Nursing) Course, G.N.M. Course, Post
Basic B.Sc. (Nursing) Course and M.Sc (Nursing) Course
for the academic sessions 2020-21, 2021-22 & 2022-23,
who were admitted as per State Government's NOC and
were allowed to participate in the counselling process by
virtue of the interim orders passed by this Hon'ble Court
in the respective writ petition(s). All pending applications
also stand disposed of."
[2025:RJ-JD:5672] (3 of 3) [CW-1737/2025]
Learned counsel for the petitioner submits that in the light of
the judgment rendered by this Court, the petitioner will file a fresh
representation for maintaining the 50 seats allotted by the Indian
Nursing Council. He, therefore, prays that the State Government
may be directed to decide the representation filed by the
petitioner.
Considering the limited prayer made by counsel for the
petitioner, the writ petition is disposed of with a direction to the
respondent-State Government to consider the representation, if so
filed within a period of two weeks from today. If such
representation is filed within the stipulated period of time then the
same be decided within a period of six weeks from today, strictly
in accordance with law by passing a speaking order.
Till the respondent-State Government decides the
representation filed by the petitioner, the petitioner shall continue
to take admissions on 50 seats for GNM course for the Academic
Session 2024-25.
It is made clear that the students admitted by the petitioner-
Institution over and above the age of 30 years will be remained
subject to the outcome of the decision taken by the State
Government and on the basis of this order, the petitioner will not
claim any equity, if State Government takes decision against it.
It is also made clear that the students admitted by the
petitioner-Institution will be given all the benefits as admissible to
them in accordance with law.
(VINIT KUMAR MATHUR),J
223-Payal/-
Powered by TCPDF (www.tcpdf.org)
