Rajasthan High Court - Jodhpur
Rajiv Gandhi Memorial School Of Nursing vs State Of Rajasthan (2025:Rj-Jd:49939) on 19 November, 2025
Author: Rekha Borana
Bench: Rekha Borana
[2025:RJ-JD:49939]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 2644/2021
Rajiv Gandhi Memorial School Of Nursing, Through Its Principal
Shri Shailesh Makwana S/o Shri Ladu Ram Makwana , Aged
About 30 Years , R/o 114, Kamla Nehru Nagar , Jodhpur -
342001.
----Petitioner
Versus
1. State Of Rajasthan, Through Its Principal Secretary ,
Medical And Health Department , Government Of
Rajasthan , Government Secretariat , Jaipur (Raj.)
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. Harshvardhan Thanvi
For Respondent(s) : Mr. Sangram Singh
Mr. Nishant Gaur for
Mr. N.S. Rajpurohit, AAG
HON'BLE MS. JUSTICE REKHA BORANA
Order
19/11/2025
1. Learned counsel for the petitioner submits that the
controversy in question rests covered by the judgment passed by
the Coordinate Bench of this Court in the case of Nirwan
Charitable Trust vs. State of Rajasthan & Ors., S.B. Civil
Writ Petition No.1295/2023 decided on 03.11.2023.
2. The said writ petition was disposed of while relying upon the
judgment in the case of Bansal Nursing Charitable Trust vs.
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[2025:RJ-JD:49939] (2 of 3) [CW-2644/2021]
State of Rajasthan & Ors., S.B. Civil Writ Petition
No.11450/2016 decided on 09.10.2023. The writ petition of
Bansal Nursing Charitable Trust was disposed of with the following
directions:
"12. Thus, in view of the above, the present writ
petitions are disposed of with liberty to the
petitioners-institutions to apply for fresh NOC
for the next academic session with enhanced
intake of seats in the Course in question, before
the State Government/State Nursing Council
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 thereafter, strictly in
accordance with law, in case the institutions
desire to further continue with the Course in the
next academic session. Such decision taken by
the State Government/State Nursing
Council/INC shall remain binding on all the
institutions, for intake capacity/future running of
the Course in question. Thus, it is directed that
the fate of the institution(s) for the intake
capacity/future running of the Course 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.
12.1. 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, who were admitted as per State
Government's NOC and were allowed to
participate in the counselling process by virtue
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[2025:RJ-JD:49939] (3 of 3) [CW-2644/2021]
of the aforementioned interim order dated
09.02.2021 passed by this Hon'ble Court. All
pending applications also stand disposed of."
3. Learned counsel for the respondents does not refute the
submission that the present controversy is covered by the said
judgment.
4. In view of the submissions made, the present writ petition is
also disposed of on the same terms as laid down in the case of
Nirwan Charitable Trust (supra).
5. Stay petition and all pending applications stand disposed of.
(REKHA BORANA),J
115-Mak/-
(Uploaded on 19/11/2025 at 04:03:34 PM)
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