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Rajasthan High Court - Jodhpur
Shree Vijay Jan Kalyan Sansthan ... vs State Of Rajasthan on 10 February, 2026
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 702/2026
Shree Vijay Jan Kalyan Sansthan Dhorimanna, (M R College Of
Nursing), Guneshiyon Ki Dhani, Krishi Mandi Road, Dhorimanna,
Barmer, Rajasthan, Through Its Secretary Leela Choudhary, W/o
Kan Singh Choudhary, Age 42 Years, R/o Hirkan Ka Than, Mithda
Khurd, Barmer, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through Its Principal Secretary,
Medical And Health Department, Governemnt Of
Rajasthan, Governemnt Secretariat, Jaipur Rajasthan.
2. Rajasthan Nursing Counsil, Through Its Registrar, B-39,
Sardar Patel Marg, C- Scheme, Jaipur (Rajasthan).
3. Marwar Medical University, Jodhpur, Dr. S.n. Medical
College Campus, Jodhpur, Rajasthan.
4. The Rajasthan University Of Health Science, Through Its
Registrar, Kumbha Marg, Sector-18, Pratap Nagar, Tonk
Road, Jaipur.
----Respondents
For Petitioner(s) : Mr. Shreyansh Mardia
For Respondent(s) : Mr. N. S. Rajpurohit, AAG
HON'BLE MR. JUSTICE SANJEET PUROHIT
Order
10/02/2026
1. The present writ petition has been filed with following
prayers :
"i. The respondent no.3 may kindly be directed to grant
provisional affiliation to the petitioner institute for the
academic session 2026-27.
ii. The respondent no.4 may be directed to include the name
of the Petitioner institute in all rounds of counselling.
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iii. The respondent no.1 may kindly be directed to issue No
Objection Certificate in favour of the petitioner institution for
establishment of B.Sc. (N) college.
iv. The petitioner may be permitted to impart education in
B.Sc. (N) course.
v. Any other appropriate writ or order or direction which is
favourable to the petitioner in the facts and circumstances of
the case may kindly be granted to the petitioner.
vi. Letter dated 28.11.2025 (Annex.11) may be quashed and
set aside."
2. Learned counsel for the petitioner states that in pursuance of
the guidelines dated 15.10.2024, the petitioner-Institution applied
for grant of No Objection Certificate (NOC) to establish Nursing
and GNM Colleges for imparting education for B.Sc. Nursing
Course.
3. Learned counsel also states that although the petitioner-
Institution is having the required infrastructure for running the
said College, however, issue for grant of NOC has not been
decided by the respondent-authorities without any justified
reasons.
4. Learned counsel for the petitioner also stated that as a part
of process for grant of NOC, a team of Inspectors, constituted vide
order dated 27.05.2025, had undertaken the inspection of
petitioner-Institution on 28.05.2025. Later on, petitioner has
received copy of inspection report, as annexed along with reply
filed by respondents in another writ petition i.e. SB Civil Writ
Petition No.20670/2025.
5. While drawing attention of this Court to the inspection report
(Annex.6), learned counsel for the petitioner submits that
inspection team has found that adequate infrastructure and other
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required and necessary documents such as valid Fire NOC,
Biomedical Waste Disposal Certificates and Clinical Establishment
Registration Certificates etc. were duly available with the
petitioner-Institution.
6. Learned counsel argues that inspite of receiving the said
inspection report dated 28.05.2025, the respondents have not
granted NOC to the petitioner-Institution.
7. Surprisingly, the respondent No.1 vide its communication
dated 28.11.2025 has informed the petitioner that validity of Fire
NOC, Biomedical Waste Disposal Certificates and Clinical
Establishment Registration of the parent hospital of the petitioner-
Institution has already expired and thus, directed the petitioner to
submit renewed NOC/Certificates.
8. Learned counsel contended that at the time of inspection,
valid Fire NOC, Biomedical Waste Disposal Certificates and Clinical
Establishment Registration Certificates were supplied to the
inspection team, however, just due to delay in consideration of
petitioner's application for NOC, during the intervening period, the
validity of said NOC/certificates got expired. Be that as it may,
petitioner institution vide its communication dated 01.12.2025 has
already submitted renewed Fire NOC, Biomedical Waste Disposal
Certificates and Clinical Establishment Registration Certificates of
the parental as well as affiliated hospital.
9. As per learned counsel for petitioner, inspite of the same,
process for grant of NOC to the petitioner-Institution has not been
completed by the respondent-authorities till date.
10. It is also argued that non-grant of NOC is highly
unreasonable and irrational when the necessary infrastructure was
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already found established and the deficiencies pointed out were
already rectified.
11. Per contra learned Additional Advocate General Mr. N.S.
Rajpurohit states that the issue with regard to grant of NOC to the
petitioner-Institution is under consideration with the competent
authorities and the same will be done by the respondent-
authorities in accordance with law.
12. Learned counsel for the respondents states that at present
several such applications for grant of NOC are pending
consideration and some time is required for completing the
process with regard to each application.
13. Heard learned counsel for the parties and considered the
material available on record.
14. In view of the documents annexed with the present writ
petition, this Court finds that as a matter of fact, the petitioner-
Institution was duly inspected by the competent Inspection
Committee and the Committee report (Annex.6) clearly reveals
the availability of the necessary documents and infrastructure
certificates of required NOC/Certificate/Permission.
15. The said inspection was done way back in the month of May,
2025, however, even after a lapse of more than eight months, the
NOC has not been granted by the respondent-authorities.
16. This Court also finds that just due to delay on the part of
respondent-authorities in finanlising the issuance of the NOC,
validity of Fire NOC, Biomedical Waste Disposal Certificates and
Clinical Establishment Registration Certificates got expired,
however, petitioner has already submitted the renewed certificates
to the respondent-authorities. There is no justification available
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with the respondent-authorities to delay the process for grant of
NOC any further.
17. As an upshot of above discussions, the writ petition is partly
allowed. The respondent-authorities are directed to issue NOC to
the petitioner-Institution for running the B.Sc. Nursing College for
academic sessions 2026-2027, as per the sanctioned intake
capacity within a period of one month strictly in accordance with
law. It is made clear that if final decision with regard to grant of
NOC to the petitioner institution is not taken within the time
period stipulated above, the same will be viewed seriously by this
Court.
18. Stay application and all other pending application(s) are also
disposed of.
(SANJEET PUROHIT),J
16-A.Arora/-
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