Khwaja Garib Nawaz College Of Nursing vs State Of Rajasthan (2025:Rj-Jd:48782)
2025 Latest Caselaw 15331 Raj

Citation : 2025 Latest Caselaw 15331 Raj
Judgement Date : 12 November, 2025

Rajasthan High Court - Jodhpur

Khwaja Garib Nawaz College Of Nursing vs State Of Rajasthan (2025:Rj-Jd:48782) on 12 November, 2025

[2025:RJ-JD:48782]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                     S.B. Civil Writ Petition No. 17081/2023

Khwaja Garib Nawaz College Of Nursing, Nh-11, Fatehpur Road,
Near Sabalpura, Sikar, Rajasthan, Through Its Chairman Shri
Khadim Hussain Khatri S/o Shri Mohammed Yasin Khatri, Aged
About 62 Years.
                                                                          ----Petitioner
                                          Versus
1.           State Of Rajasthan, Through Its Principal Secretary,
             Medical     And        Health      Department,            Government    Of
             Rajasthan, Government Secretriat, 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
                                      Mr. Harshvardhan Thanvi
                                      Ms. Varsh Paliwal
For Respondent(s)               :     Ms. Kanchan Jodha for
                                      Mr. N.S. Rajpurohit, AAG
                                      Mr. Mahendra Vishnoi
                                      Mr. Sangram Singh



                HON'BLE MR. JUSTICE SUNIL BENIWAL

Order

12/11/2025

1. The present writ petition has been preferred on behalf of the

petitioner seeking following relief:

"(i) The record of the case may kindly be called for;

(ii) The order dated 02.08.2022 (Annexure-12) passed by the respondent State Government may kindly be quashed and set aside.

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(iii) The respondents may be directed to allow the petitioner institution to admit students in GNM Course from academic session 2023-24 onwards by issuance of NOC.

(iv) The respondents may further be directed to include the name of the petitioner institution in the list of eligible institutions for the purpose of counseling in GNM Course.

(v) The respondent federation/association may be directed to recommend the authorities for enhancement of seats and also be directed to include the petitioner institution in its counseling.

(vi) The respondent may further be directed to accept the annual affiliation/Recognition and other fees of the petitioner institution."

2. Learned counsel for the petitioner submits that the

controversy raised in the present writ petition is identical to the

one which was earlier raised in S.B. Civil Writ Petition

No.10291/2023 (Shri Shiva Adarsh Sikshan Prashikshan Vs. State

of Rajasthan & Ors.) wherein the Co-ordinate Bench of this Court

disposed of the writ petition on 05.08.2024.

3. Learned counsel for the petitioner submits that the present

writ petition may be disposed of in the same terms as in the case

of Shri Shiva Adarsh Sikshan Prashikshan (supra) wherein the

following order was passed:

"1. By way of present writ petition, the petitioner has challengedthe order dated 13.10.2022, whereby the petitioner's application for conducting/establishing GNM nursing course has been turneddown.

2. Mr. Mathur, 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 B.Sc.

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[2025:RJ-JD:48782] (3 of 4) [CW-17081/2023]

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 (13.10.2022) be quashed and set aside.

3. Learned counsel for the respondent-State is not in a position to dispute the aforesaid position of facts and law.

4. On perusal of the order dated 13.10.2022, this Court finds that only reason given for rejection of petitioner's application for grant of permission for establishing GNM nursing course, is that the petitioner-institution did not own 100 bedded hospital.

5. Indisputably, said condition has been declared illegal by Co-ordinate 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 13.10.2022 is hereby quashed and set aside.

7. Respondent State (Principal Secretary, Medical and Health Department) or any other competent authority of the State Government is directed to consider petitioner's application for grant of permission to establish GNM nursing course in accordance with law, as early as possible preferably within a period of eight weeks.

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.