[2025:RJ-JD:4199] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 2765/2023 Mai Khadija Institute Of Nursing Science, Kamla Nehru Nagar, Pal Link Road, Jodhpur, Rajasthan, Through Its Principal Shri Jitendra Khatri S/o Shri Bhim Raj Khatri, Age 46 Years, Resident Of - Khatri Niwas, Plot No. - 12, Arihant Nagar, Pal Road, Near Pipali Circle, Jodhpur. ----Petitioner Versus 1. State Of Rajasthan, Through Its Secretary, Medical And Health Department Government Of Rajasthan, Secretariat, Jaipur. 2. The Rajasthan Nursing Council, Jaipur, Through Its Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur. 3. The Rajasthan University Of Health Science, Through Its Registrar, Kumbha Marg, Sector-18, Pratap Nagar, Tonk Road, Jaipur. 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 For Petitioner(s) : Mr. Shreyansh Mardia For Respondent(s) : Mr. Sangram Singh Mr. Narendra Singh Rajpurohit AAG assisted by Ms. Ruchi Parihar and Mr. Sher Singh HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order 22/01/2025 1. Heard learned counsel for the parties. 2. The petitioner-Institutions are imparting education by undertaking the courses of BSc. The present Institutions are running for the last few years and have applied for the requisite permission from the State Government for enhancement of seats. [2025:RJ-JD:4199] (2 of 4) [CW-2765/2023] Despite having completed all the requisite formalities for grant of "No Objection Certificate", the State Government has not decided/granted "No Objection Certificate" to the petitioner- Institutions, therefore, the present writ petitions have been filed. 3. Learned counsel for the petitioner-Institutions submits that the petitioner-Institutions after having completed all the requisite formalities are running in accordance with law. He further submits that the infrastructure for imparting education in the nursing courses are available with the petitioner-Institutions. He further submits that the petitioner-Institutions have been inspected by the competent authorities of the respondent-Department and have not found any infirmity till date. He further submits that despite petitioner-Institutions having completed all the requisite formalities for grant of "No Objection Certificate" on enhanced seats, the State Government is sitting tight over the matter and has not decided the case of the petitioners for grant of "No Objection Certificate". 4. Learned counsel for the petitioner further submits that since case of the petitioner-Institutions for grant of "No Objection Certificate" has not been decided, this Court time to time has passed interim orders for increasing number of seats as well as allowing the Institutions to participate in the ongoing counseling process for admitting the students in the nursing education. He, therefore, prays that the respondents may be directed to decide the pending cases of the petitioner-Institutions for grant of "No Objection Certificate" expeditiously. 5. Per contra, Mr. Rajpurohit, learned AAG for the respondent- State submits that the process for grant of "No Objection Certificate" is taken up with the competent authorities and will be shortly completed. Learned counsel for the State assures this [2025:RJ-JD:4199] (3 of 4) [CW-2765/2023] Court that the competent authorities of the respondents will be sensitized for taking early decision in the matter. 6. I have considered the submissions made at the Bar and have gone through the relevant record of the case. 7. Since the petitioner-Institutions are imparting education in the field of nursing courses for the last couple of years and students are having been admitted in the nursing courses in pursuance of the interim orders passed by this Court, therefore, it is urgent need of the hour to issue a direction to the State Government to decide the cases of the petitioner-Institutions 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- Institutions for grant of "No Objection Certificate" expeditiously, so that the students, who are studying in the petitioner-Institutions may not suffer and there 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 cases of the petitioner-Institutions for grant of "No Objection Certificate" on enhanced seats 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 orders passed by this Court shall continue till the cases of the petitioner-Institutions 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-Institutions, 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-Institutions for grant of "No Objection [2025:RJ-JD:4199] (4 of 4) [CW-2765/2023] Certificate", the benefits accruing to the students in pursuance of the interim orders passed by this court shall be continued. (VINIT KUMAR MATHUR),J 397-SanjayS/-