Rajasthan High Court - Jodhpur
Jubin Spastic Home And Charitable Trust vs State Of Rajasthan (2025:Rj-Jd:49954) on 19 November, 2025
[2025:RJ-JD:49954]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 17902/2022
Jubin Spastic Home And Charitable Trust, Through Its Secretary
Smt. Vinita Ahuja W/o Dr. Darshan Ahuja, Aged About 58 Years,
R/o Chak 7-A, Chotti Iind Padampur Road, Dist. Shri
Ganganagar.
----Petitioner
Versus
1. State Of Rajasthan, Through Its Principal Secretary,
Medical And Health Department, Government Of
Rajasthan, Government Secretariat, Jaipur (Rajasthan) .
2. Rajasthan Nursing Council, Through Its Registrar, B-39,
Sardar Patel Marg, C-Scheme, Jaipur, (Rajasthan).
3. Rajasthan University Of Health And Science, Through Its
Registrar, Kumbha Marg, Pratap Nagar, 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.
----Respondents
For Petitioner(s) : Mr. Harshvardhan Thanvi for
Mr. Ankur Mathur
For Respondent(s) : Ms. Kanchan Jodha for
Mr. N.S. Rajpurohit, AAG
Mr. Pukhraj Servi
HON'BLE MR. JUSTICE SUNIL BENIWAL
Order
19/11/2025
1. The present writ petition has been preferred on behalf of the
petitioner seeking following reliefs:
"i. The record of the case may be called for;
ii. The respondents may be directed to allow the
petitioner institution to admit 50 students in B.Sc.
Course in consonance with the permissions accorded
from the session 2022-23 onwards.
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iii. 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 for the academic session 2022-23
onwards in B.Sc. Course with intake capacity of 50
students.
iv. 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 with intake
capacity of 50 seats.
v. The respondent authorities may further be directed
to accept the fees for enhanced intake capacity of
seats."
2. Learned counsel for the petitioner submits that the
controversy raised in the present writ petition is identical to the
controversy which was earlier raised in bunch of writ petitions lead
by S.B. Civil Writ Petition No.15732/2022 (Mayurakshi College of
Nursing Vs. State of Rajasthan & Ors.) wherein a Co-ordinate
Bench of this Court disposed of the writ petition vide order dated
20.10.2023.
3. It is submitted by learned counsel for the petitioner that the
present writ petition may also be disposed of in the same terms as
Mayurakshi College (supra).
4. Learned counsels appearing for State and RUHS do not
dispute the submission made by learned counsel for the petitioner.
5. In the case of Mayurakshi College (supra) it was held as
under :-
"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
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intake 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 o fthis 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."
6. In view of the submissions made above, the present writ
petition is disposed of in the same terms as in the case of
Mayurakshi College (supra).
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7. Needless to observe that petitioner institute shall abide by
the governing affiliation norms including paying all the remaining
fees, if any.
8. Pending applications, if any, stands disposed of.
(SUNIL BENIWAL),J
22-AbhishekK/-
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