Citation : 2025 Latest Caselaw 14110 Raj
Judgement Date : 10 October, 2025
[2025:RJ-JD:44673]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 18247/2024
Adarsh Nursing College, (G.n.m.) Through Padmasana Education
Society, Bagidora, Banswara Through Its Secretary Shri Farid
Khan S/o Shri Shahmardan Khan, Aged About 51 Years, R/o
Bansala, Bagidora, Banswara, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through Its Secretary, Medical And
Health (Group-Iii) 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
Institution Society, Office Jodhpur Through Its Secretary
Plot No. 273, Subhas Nagar, Pal Road, Jodhpur,
Rajasthan.
----Respondents
For Petitioner(s) : Mr. Kartik Singh Lodha
For Respondent(s) : Ms. Akshiti Singhvi
Ms. Kanchan Jodha for
Mr. N.S. Rajpurohit, AAG
Mr. Mahendra Bishnoi
Mr. Ayush Goyal
Mr. Abhinav Jain
HON'BLE MR. JUSTICE SUNIL BENIWAL
Order 10/10/2025
1. The present writ petition has been filed with the following
prayers:
"(i) The Respondent may kindly be directed to process the pending application for grant of NOC in a Time Bound manner for conducting G.N.M Nursing Course from the academic session 2024-2025 onwards;
(ii) Any other appropriate writ or order or direction which is favorable to the petitioner institute in the facts and circumstances of the case any may kindly be granted to the petitioner."
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[2025:RJ-JD:44673] (2 of 3) [CW-18247/2024]
2. Learned counsel for the petitioner submits that the
controversy raised in the present writ petition is no longer res
integra in view of the judgment delivered by this Court in the
bunch of writ petitions led by S.B. Civil Writ Petition No.
19974/2024 (Amritadevi Paryavaran Evam Shaikshik
Sansthan vs. The State of Rajasthan and Others), wherein
the co-ordinate Bench of this Court disposed of the petitions on
11.02.2025 with certain directions, which are as under:
"10. In these circumstances, the present writ petitions are disposed of with a direction to the respondents to decide the case of the petitioners- Institutions for grant of "No Objection Certificate"
within a period of eight weeks from the date of receipt of the certified copy of this order, strictly in accordance with law.
11. The interim order passed by this Court shall continue till the cases of the petitioners- Institutions for grant of "No Objection Certificate"
are decided. It is further ordered that if the "No Objection Certificate" is granted to the petitioners- Institutions, then all the benefits accruing therefrom shall be made available to the petitioners-Institutions in accordance with law.
12. It is made clear that if the State Government passes an order adverse to the interest of the petitioners-Institutions, it shall record reasons for doing so after taking the entire material placed before it including the inspection reports.
13. It is also directed that till the State Government decides the cases of the petitioners- Institutions for grant of "No Objection Certificate", the benefits (enrollment, appearing in examination and declaration of results) accruing to the students in pursuance of the interim order passed by this court shall be continued.
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[2025:RJ-JD:44673] (3 of 3) [CW-18247/2024]
14. It is further ordered that the students admitted by the present Institutions under the garb of the interim order shall remain subject to the outcome of the decision on the "No Objection Certificate" to be granted by the State Government. If the State does not grant the "No Objection Certificate" to the Institutions, the Institutions will be responsible for admitting the students in the Institutions and the outcome of such decision.
15. The present order will be applicable to the students who have been admitted as per the guidelines issued by the State Government/Nursing Council for counseling.
16. The affiliation/recognition of the Universities/Colleges will be governed by the norms and guidelines of the RUHS, RNC and INC and further the competent authorities of these departments will be under an obligation to consider the delay in grant of NOCs to such Institutions while considering their respective cases."
3. Learned counsel for the petitioner submits that the instant
writ petition may also be disposed of in the same terms as in the
case of Amritadevi Paryavaran Evam Shaikshik Sansthan(supra).
4. Learned counsel for the respondents does not refute the
submission of learned counsel for the petitioner.
5. In view of the above, the instant writ petition is disposed of
in the same terms as in the case of Amritadevi Paryavaran Evam
Shaikshik Sansthan (supra).
6. Pending application(s), if any, stand(s) disposed of.
(SUNIL BENIWAL),J 75-Ashutosh/-
(Uploaded on 13/10/2025 at 03:17:23 PM)
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