GAYATRI EDUCATION AND NURSING INSTITUTE AND UNIQUE SOCIETY v. STATE OF RAJASTHAN
CW/2445/2023 · 2025-01-08
Vinit Kumar Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 36111 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 36111 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JD:1235] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 2512/2023 Kalpatru College of Post Basic B.Sc. Nursing, Through Its Director Nitin Pahuja S/o Shri Kamal Pahuja, Aged About 32 Years, R/o Kalpatru Complex, Hiran Magri, Sector-5, Udaipur. ----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, Partap 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 Connected With S.B. Civil Writ Petition No. 2445/2023 Gayatri Education and Nursing Institute and Unique Society, (Genius College Of Nursing) Through Its Secretary Shri Kamal Pahuja S/o Late Shri Budhar Mal Ji, Aged About 57 Years, Genius College Of Nursing, R/o Of Saraswati Nagar, Opp. Saras Dairy, Ajemr Road, Bhilwara, Rajasthan. ----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, Partap 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 S.B. Civil Writ Petition No. 4598/2024 Shri Jagdish Prashad Charitable Trust, (Kalpatru College Of B.Sc. Nursing), Eklingpura, Jhamar Kotada Road, Opp. Patel Petrol Pump, Udaipur, Rajasthan, Through Its Managing Trustee Shri Nitin Pahuja S/o Shri Kamal Pahuja, Aged About 31 Years. ----Petitioner
[2025:RJ-JD:1235] (2 of 3) [CW-2512/2023] 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. 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. Ankur Mathur. For Respondent(s) : Mr. Sangram Singh.
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order 08/01/2025
1. Heard learned counsel for the parties.
2.
Learned counsel for the parties are in agreement that the controversy involved in the present writ petitions is squarely covered by a judgment rendered by this Court in S.B. Civil Writ Petition No.18325/2024 (Universal Institute of Nursing (GNM) Neemrana Vs. State of Rajasthan & Ors.), decided on 13.12.2024 in the following terms:-
“6. I have considered the submissions made at the Bar and have gone through the relevant record of the case.
7. Since the petitioner-Institution is imparting education in the field of nursing courses and students are having been admitted in the nursing courses in pursuance of the interim order passed by this Court, therefore, it is urgent need of the hour to issue a direction to the State Government to decide the case of the petitioner- Institution for grant of "No Objection Certificate", at the earliest.
8. In the considered opinion of this Court, the respondent-State is under an obligation to decide the cases of the petitioner-Institution for grant of "No Objection Certificate" expeditiously, so that the students,
[2025:RJ-JD:1235] (3 of 3) [CW-2512/2023] who are studying in the petitioner-Institution may not suffer and their future may not hang in uncertainty.
9. In these circumstances, the present writ petition is
disposed of with a direction to the respondents to decide the case of the petitioner-Institution 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.
10. The interim order passed by this Court shall continue till the cases of the petitioner-Institution for grant of "No Objection Certificate" are decided.
11. It is made clear that if the State Government passes an order adverse to the interest of the petitioner- Institution, it shall record reasons for doing so after taking the entire material placed before it including the inspection reports.
12. It is also directed that till the State Government decides the cases of the petitioner-Institution for grant of
"No Objection Certificate", the benefits accruing to the students in pursuance of the interim order passed by this court shall be continued.
13. It is further ordered that the students admitted by the present Institution 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 Institution will be responsible for admitting the students in the Institution and the outcome of such decision.
14. 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.
15. The affiliation of the Universities/Colleges will be governed by the Norms of RUHS and RUHS authorities will be under an obligation to consider the delay in grant of NOCs to such institution.”
3. In view of the submissions made before this Court, the present writ petitions are also disposed of in terms of the
judgment rendered by this Court in the case of Universal Institute of Nursing (GNM), Neemrana (supra).
(VINIT KUMAR MATHUR),J 286, 287 & 292-Shahenshah/-