Citation : 2025 Latest Caselaw 13848 Raj
Judgement Date : 3 October, 2025
[2025:RJ-JD:43598-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Spl. Appl. Writ No. 1327/2025
Rajasthan University Of Health Sciences, Jaipur, Having Its Office
At Sector-18, Kumbha Marg, Pratap Nagar, Jaipur, Rajasthan,
Through Shri Harphool Pankaj S/o Bhairun Ram, Aged About 57
Years, Registrar, Ruhs, Jaipur (Rajasthan) 302033.
----Appellant
Versus
1. State Of Rajasthan, Through Its Secretary, Medical And
Health, Department, Government Of Rajasthan,
Secretariat, Jaipur (Rajasthan).
2. The Principal Secretary Social Justice And Empowerment
Department, Rajasthan, G31, Ambedkar Bhawan, Civil
Line, Near Railway Crossing, Jaipur.
3. Rajasthan Nursing Council, Through Its Regestrar, B39,
Sardar Patel Marg, C Scheme, Jaipur.
4. Surendera College Of Nursing, A Unit Of The Late Smt.
Vidyawanti Labhu Ram Foundation For Science Research
And Social Welfare H.h. Garden, Chak 1E Chhoti, Sri
Ganganagar Thrugh The Secretary Of The Trust Gorav
Gupta S/o Late Shri Surender Kumar
----Respondents
For Appellant(s) : Mr. Vinay Kothari
For Respondent(s) : Ms. Kanchan Jodha on behalf of
Mr. N.S. Rajpurohit, AAG
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
HON'BLE MR. JUSTICE BIPIN GUPTA
Order
03/10/2025
1. Defects as pointed out by the Registry are overruled.
2. Learned counsel Mr. Vinay Kothari, appearing for Rajasthan
University of Health Sciences (RUHS) and learned counsel Ms.
Kanchan Jodha on behalf of Mr. N.S. Rajpurohit, AAG appearing for
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the State fairly submits that the controversy involved in the
present case has already been settled by this Court vide judgment
dated 19.09.2025 in a bunch of appeals led by D.B. Spl. Appl.
Writ No. 1079/2025 (Rajasthan University of Health
Sciences, Jaipur Vs. Global Vision Society & Ors.).
3. The order dated 19.09.2025 is reproduced as under :
"1. These batch of D.B. Special Appeal Writ Nos. 945/2025, 1169/2025, 1261/2025, 1320/2025, 1321/2025, 1082/2025, 1171/2025, 1262/2025, 1316/2025, 1079/2025, 1094/2025, 1160/2025, 1276/2025, 1318/2025, 1080/2025, 1096/2025, 1181/2025, 1322/2025, 1319/2025, 1081/2025, 1097/2025, 1098/2025 and 1180/2025 arise out of various interim orders of different dates passed by the learned Single Judge in different writ petitions, wherein interim directions were issued permitting the respondent- institutions to participate in the counseling for admissions in B.Sc. Nursing/GNM courses for the academic session 2025-26.
2. The common grievance raised by the appellant- Rajasthan University of Health Sciences (RUHS) is that such directions of the learned Single Judge, issued prior to the finalization of the process of grant/refusal of No Objection Certificates (NOCs) by the State Government, may result in creation of conflicting rights and unnecessary complications in the admission process. Thus, at an earlier stage, considering the joint request made by RUHS as well as the learned Additional Advocate General representing state, this Court vide multiple orders had stayed the counseling for certain B.Sc. Nursing courses for the academic session 2025-26, in order to avoid discrepancies in the admission process and to ensure that only duly recognized institutions with valid
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NOCs are permitted to admit students. The State was also directed to expeditiously finalize the NOC process.
3. Learned AAG, upon instructions, now submits before this Court that in respect of the institutions concerned, the issue of NOCs has been considered and finalized by the State Government. A list of 52 institutions has been furnished, and it is stated that NOCs have been duly issued in favor of the eligible institutions, while in certain cases NOCs have been refused.
4. In view of the above, all the appeals are disposed of by modifying the impugned interim orders of the learned Single Judge to the following effect:
(i) RUHS shall permit only those institutions, which have been granted valid NOCs by the State Government, to participate in the counseling for admission to B.Sc. Nursing/ GNM courses for the academic session 2025-26.
(ii) Upon allocation of students in counseling, RUHS shall enroll them provisionally, subject to fulfillment of all statutory requirements.
(iii) In cases where the NOC has been refused by the State Government, the concerned institutions shall be at liberty to challenge such refusal in accordance with law.
(iv) Counseling shall proceed in accordance with the revised position after NOCs have been duly dealt with.
5. It is made clear that this consolidated order shall cover and apply to all the above-noted appeals, namely D.B. Special Appeal Writ Nos. 945/2025, 1169/2025, 1171/2025, 1160/2025, 1276/2025, 1318/2025, 1080/2025, 1181/2025, 1322/2025, 1319/2025, 1081/2025, 1261/2025, 1320/2025, 1321/2025, 1082/2025, 1262/2025, 1316/2025, 1079/2025, 1094/2025, 1096/2025, 1097/2025, 1098/2025 and 1180/2025, along with the connected writ
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petitions, irrespective of the date or wording of the original interim orders impugned therein.
5. All pending applications also stand disposed of."
4. This Court is of the opinion that the controversy involved in
the present case is squarely covered by the judgment passed in
Global Vision Society (supra). Therefore, the present appeal is
also disposed of in the same terms.
5. Pending applications, if any, also stand disposed of.
(BIPIN GUPTA),J (DR.PUSHPENDRA SINGH BHATI),J 38-AnilKC/-
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