Rajasthan High Court - Jodhpur
Anupama Medical Prashikshan Sansthan vs State Of Rajasthan (2025:Rj-Jd:12759) on 6 March, 2025
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2025:RJ-JD:12759]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
S.B. Civil Writ Petition No. 3902/2025
Anupama Medical Prashikshan Sansthan, Jeevan Nagar, Sikar,
Rajasthan, Through Its Secretary Shree Rajendra Modi S/o Shri
Bhanwar Lal Modi, Aged About 60 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. The Rajasthan Nursing Council, Jaipur Through Its
Registrar, B-39, Sardar Patel Marg, C-Scheme, 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
For Petitioner(s) : Mr. Harshvardhan Thanvi for
Mr. Ankur Mathur.
For Respondent(s) : Mr. N.S.Rajpurohit, AAG assisted by
Ms Ruchi Parihar.
Mr. Mahendra Vishnoi.
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
06/03/2025
1. Heard learned counsel for the parties.
[2025:RJ-JD:12759] (2 of 4) [CW-3902/2025]
2. The present writ petition has been filed with the following
prayers:
"(i) The record of the case may kindly be called for;
(ii) The impugned order dated 29.08.2022
Annexure-19 may kindly be quashed and set aside.
(iii) The respondent authorities may further be
directed to grant NOC with intake capacity of 60
seats for B.Sc Nursing Course."
3. Learned counsel for the petitioner submits that the
petitioner-Institution has been inspected by the Inspectors of the
respondent-Department and positive recommendations for
enhancement of the seats of the petitioner-Institution have been
made. Thereafter, the matter has also been examined by the
Scrutiny Committee of the State Government, which also made
positive recommendations for the enhancement of the seats of the
petitioner-Institution. Learned counsel for the petitioner further
submits that the application for the enhancement of the seats of
the petitioner has been rejected. The ground for rejection of the
application, as has been taken in the order dated 29.08.2022, is
that the petitioner does not have 100-bedded hospital of his own.
Learned counsel further submits that the ground on which the
application has been rejected is no more sustainable in light of the
judgment dated 01.03.2024 passed by the Division Bench of this
Court in a bunch of cases led by D.B. Special Appeal Writ
No.11/2023 : State of Rajasthan vs. Private Physiotherapy,
Nursing and Paramedical Institution Society. He, therefore,
prays that the case of the petitioner for grant of No Objection
Certificate may be ordered to be considered afresh by the State
Government in light of the observations made by the Inspectors of
[2025:RJ-JD:12759] (3 of 4) [CW-3902/2025]
the Inspection Team, recommendation made by the Scrutiny
Committee and the law laid down by the Division Bench of this
Court vide judgment dated 01.03.2024.
4. Per contra, learned counsel for the respondents submit that
since the State Government has already rejected the application
preferred by the petitioner for enhancement of seats, therefore,
the petitioner may be directed to file a fresh application in the
light of the judgment passed by the Division Bench of this Court.
5. I have considered the submissions made at the Bar and have
gone through the relevant records of the case.
6. The admitted position of the case clearly shows that the
petitioner-Institution was inspected by the Inspectors and the
Inspection Report has been filed, wherein, the recommendation
for enhancement of the seats of the Institution has been made.
Thereafter, the matter was examined by the Scrutiny Committee
consisting of the highest Officers of the State Government and in
its meeting held on 30.04.2021, the Committee has also
recommended the case of the petitioner-Institution for
enhancement of his seats. It is also noted that the Division Bench
of this Court vide its judgment dated 01.03.2024 rendered in the
case of Private Physiotherapy, Nursing and Paramedical Institution
Society (supra) has declared the condition of "100-bedded own
hospital" of the Institution as invalid and, therefore, the rejection
order passed by the State Government rejecting the application of
the petitioner-Institution for enhancement of the seats is not
sustainable.
7. In view of the discussions made above, the present writ
petition is disposed of with a direction to the State Government to
[2025:RJ-JD:12759] (4 of 4) [CW-3902/2025]
reconsider the case of the petitioner-Institution for grant of No
Objection Certificate for 60 seats afresh in view of the Inspection
Report, the recommendation of the Scrutiny Committee and the
law laid down by the Division Bench of this Court in judgment
dated 01.03.2024 in the case of Private Physiotherapy, Nursing
and Paramedical Institution Society (supra), by passing a speaking
order. Needful shall be done by the State Government within a
period of eight weeks from the date of receipt of the certified copy
of this order, strictly in accordance with law.
8. Stay petition and other pending applications, if any, shall
stand disposed of accordingly.
(VINIT KUMAR MATHUR),J
88-AnilSingh/-
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