PRIVATE NURSING COLLEGE ASSOCIATION OF CHHATTISGARH (PNCA) v. STATE OF CHHATTISGARH
WPC/3016/2023 · 2025-10-06
Shri Bibhu Datta Guru
body2025
DailyLaw.ai
[ 2025 DAILYLAW 50592 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 50592 (CHH) · dailylaw.ai ]
Judgment text
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2025:CGHC:49741-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2361 of 2023 Private Nursing College Association of Chhattisgarh (PNCA) A Scoiety Registration Act, 1973 Through Its President Rajeev Gupta S/o. Shri Sardari Lal Gupta, Aged 53 Years, R/o. House No. 1473, Ashok Vihar Colony, Near Employment Exchange, Ward No. 30 Raipur, District Raipur Chhattisgarh
--- Petitioner(s) versus
1. State Of Chhattisgarh Through Secretary Department Of Higher Education, Mantralaya Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh
2. Secretary, State Of Chhattisgarh Department Of Medical Education, Mantralata Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh
3. Secretary Department Of Law, Mantralaya Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh
4. Directorate Of Medical Education, Through Its Director, DKS Bhawan, Raipur, District - Raipur Chhattisgarh
5. C.G. Private University Regulartory Commission, Through Its Secretary, Sector -24, Block 7b, Ground Floor, Nawa Raipur Atal Nagar, Raipur Chhattisgarh
6. Pandit Deendayal Upadhyay Aayush University, Through Its Registrar, Uparwara, Atal Nagar, Sector -40, Nawa Raipur Chhattisgarh
7. Union Of India, Through Secretary, Ministry Of Health And Family Welfare, Nirman Bhawan, New Delhi. 8. Indian Nursing Council, Through Its Chairman 8th Floor, NBCC Center, Plot No. 2, Community Center, Okhla Phase -1 New Delhi – 110020
9. Chhattisgarh Nurses Registration Council, Through Its Chairman, Room No. 30, 1st Floor, Old Nurses Hostel, Director Of Health Services, Mantralaya Parisar, Raipur Chhattisgarh BABLU RAJENDRA BHANARKAR Digitally signed by BABLU RAJENDRA BHANARKAR
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10. Bharti Vishwavidyalaya Durg, Through Its Registrar, Balod Road, Chandkhuri, Durg Chhattisgarh
--- Respondent(s) WPC No. 3073 of 2023 Private Nursing College Association Of Chhattisgarh (PNCA) A Society Registered Under The C.G. Society Registration Act, 1973, Through Its President Rejeev Gupta S/o Shri Sardari Lal Gupta, Aged 53 Years, R/o House No. 1473, Ashok Vihar Colony, Near Employment Exchange, Ward No. 30 Raipur, District Raipur (C.G.). ---Petitioner(s) Versus
1. State Of Chhattisgarh, Through Secretary Department Of Higher Education, Mantralaya Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District- Raipur (C.G.). 2. Secretary, State Of Chhattisgarh Department Of Medical Education, Mantralaya Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District- Raipur (C.G.). 3. Secretary Department Of Law, Mantralaya Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District- Raipur (C.G.). 4. Directorate Of Medical Education Through Its Director, DKS Bhawan, Raipur, District- Raipur (C.G.). 5. C.G. Private University Regulatory Commission Through Its Secretary, Sector-24 Block 7b, Ground Floor, Nawa, Raipur Atal Nagar, Raipur (C.G.). 6.
Pandit Deendayal Upadhyay Memorial Health Science And Aayush University, Through Its Registrar, Uparwara, Atal Nagar, Sector-40, Nawa Raipur (C.G.). 7. Union Of India , Through Secretary, Ministry Of Health And Family Welfare, Nirman Bhawan, New Delhi. 8. Indian Nursing Council Through Its Chairman 8th Floor, NBCC Center, Plot No. 2, Community Center, Okhla Phase-I New Delhi- 110020
9. Chhattisgarh Nurses Registration Council Through Its Chairman, Room No.30 1st Floor, Old Nurses Hostel, Mantralaya Parisar, Raipur, District Raipur (C.G.). 10. Shri Rawatpura Sakar University, Raipur, Through Its Registrar, Near Shadani Darbar, Raipur, Dhaneli District- Raipur (C.G.). --- Respondent(s)
3 WPC No. 3035 of 2023 Private Nursing College Association Of Chhattisgarh (PNCA) A Society Registered Under The Chhattisgarh. Society Registration Act, 1973 Through Its President Rajeev Gupta S/o. Shri Sardari Lal Gupta, Aged 53 Years, R/o. House No. 1473, Ashok Vihar Colony, Near Employment Exchange, Ward No. 30 Raipur, District Raipur Chhattisgarh. ---Petitioner(s) Versus
1. State Of Chhattisgarh Through Secretary Department Of Higher Education, Mantralaya Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh. 2. Secretary, State Of Chhattisgarh Department Of Medical Education, Mantralaya Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh. 3. Secretary Department Of Law, Mantralaya Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh. 4. Directorate Of Medical Education, Through Its Director, DKS Bhawan, Raipur, District Raipur Chhattisgarh. 5. Chhattisgarh Private University Regulatory Commission, Through Its Secretary, Sector -24, Block 7b, Ground Floor, Nawa Raipur Atal Nagar, Raiur Chhattisgarh. 6. Pandit Deendayal Upadhayay Memorial Health Science And Aayush University, Through Its Registrar, Uparwara, Atal Nagar, Sector -40, Nawa Raipur Chhattisgarh. 7. Union Of India, Through Secretary, Ministry Of Health And Family Welfare, Nirman Bhawan, New Delhi. 8. Indian Nursing Council, Through Its Chairman 8th Floor, NBCC Center, Plot No. 2, Community Center, Okhla Phase -1 New Delhi – 110020. 9. Chhattisgarh Nurses Registration Council, Through Its Chairman, Room No. 30, 1st Floor, Old Nurses Hostel, Director Of Health Services, Mantralaya Parisar, Raipur, District Raipur Chhattisgarh. 10.
Shri Shankaracharya Professional University, Bhilai Through Its Registrar, Junwani Road, Bhiali, District Durg Chhattisgarh. --- Respondent(s)
4 WPC No. 3016 of 2023 Private Nursing College Association Of Chhattisgarh (PNCA) A Society Registered Under The C.G. Society Registration Act. 1973 Through Its President Ranjeev Gupta S/o Shri Sardari Lal Gupta, Aged 53 Years, R/o House No. 1473, Ashok Vihar Colony, Near Employment Exchange, Ward No. 30 Raipur, District Raipur (C.G.)
---Petitioner(s) Versus
1. State Of Chhattisgarh Through Secretary Department Of Higher Education, Mantralaya Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur (C.G.)
2. Secretary State Of Chhattisgarh, Department Of Medical Education, Mantralaya Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District - Raipur (C.G.)
3. Secretary Department Of Law Mantralaya Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur (C.G.)
4. Directorate Of Medical Education Through Its Director, DKS Bhawan, Raipur, District - Raipur (C.G.)
5. C.G. Private University Regulatory Commission Through Its Secretary, Sector - 24, Block 7b, Ground Floor, Nawa Raipur Atal Nagar, Raipur (C.G.)
6. Pandit Deendayal Upadhyay Memorial Health Science And Aayush University Through Its Registrar, Uparwara, Atal Nagar, Sector - 40, Nawa Raipur (C.G.)
7. Union Of India Through Secretary, Ministry Of Health And Family Welfare, Nirman Bhawan, New Delhi. 8. Indian Nursing Council Through Its Chairman 8th Floor, NBCC Center, Plot No. 2, Community Center, Okhla Phase-I New Delhi – 110020
9. Chhattisgarh Nurses Registration Council Through Its Chairman, Room No. 30, 1st Floor, Old Nurses Hostel, Director Of Health Services, Mantralaya Parisar, Raipur, District Raipur (C.G.)
10. ISBM University, Raipur Through Its Registrar, Nawapara (Kosmi), Block And Tehsil - Chhura, Gariyaband (C.G.)
--- Respondent(s)
5 WPC No. 2926 of 2023 Private Nursing College Association Of Chhattisgarh (PNCA) A Society Registered Under The C.G. Society Registration Act. 1973 Through Its President Rajeev Gupta S/o Shri Sardari Lal Gupta, Aged 53 Years, R/o House No. 1473, Ashok Vihar Colony, Near Employment Exchange, Ward No. 30 Raipur, District : Raipur, Chhattisgarh
---Petitioner(s) Versus
1.
State Of Chhattisgarh Through Secretary Department Of Higher Education, Mantralaya Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh
2. Secretary State Of Chhattigarh Department Of Medical Education, Mantralaya Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh
3. Secretary Department Of Law Mantralaya Mahanadi Bhawan, Atal Nagar, Nawa Raipur
4. Directorate Of Medical Education Through Its Director, D K S Bhawan, Raipur, District : Raipur, Chhattisgarh
5. C.G. Private University Regulatory Commission Through Its Secretary, Sector- 24, Block 7 B, Ground Floor, Nawa Raipur, Atal Nagar, Raipur, Chhattisgarh. 6. Pandit Deendayal Upadhyay Memorial Health Science And Aayush University Through Its Registrar, Uparwara, Atal Nagar, Sector- 40, Nawa Raipur, Chhattisgarh. 7. Union Of India Through Secretary, Ministry Of Health And Family Welfare, Nirman Bhawan, New Delhi. 8. Indian Nursing Council Through Its Chairman 8th Floor, NBCC Center, Plot No. 2, Community Center, Okhla Phase - I, New Delhi – 110020. 9. Chhattisgarh Nurses Registration Council Through Its Chairman, Room No. 30, 1st Floor, Old Nurses Hostel, Director Of Health Services, Mantralaya Parisar, Raipur, District : Raipur, Chhattisgarh
10. Anjaneya University Through Its Registrar, Anjaneya University Main Campus, Nardaha, Tahsil Mandir Hasaud, District : Raipur, Chhattisgarh
--- Respondent(s)
6 For Petitioner : Mr. Rajeev Shrivastava, Senior Advocate assisted by Mr. Sourabh Sahu, Advocate For Respondent- State For Respondents- UOI and Indian Nursing Council For
Private Respondents : : : Mr.Yashwant Singh Thakur, Additional Advocate General Mr.Ramakant Mishra, Deputy Solicitor General assisted by Mr.Rishabh Dev Singh, Central Government Counsel Mr.Ajay Kumar Dwivedi, Mr.Vikas Dubey, Mr.Anshul Tiwari, Mr.Anand Mohan Tiwari and Mr.Soumitra Kesharwani, Advocate holding the brief of Mr.Apurv Goyal, Advocates Hon'ble Shri
Ramesh Sinha,
Chief Justice
Hon'ble
Shri Bibhu Datta Guru,
Judge
Order
on Board
Per
Ramesh Sinha
, Chief Justice
07.10.2025
1. Heard Mr.Mr.Rajeev Shrivastava, learned Senior Advocate assisted by Mr.Sourabh Sahu, learned counsel for the petitioner.
Also heard Mr.Mr.Yashwant Singh Thakur, learned Additional Advocate General appearing for the respondent-State, Mr.Ramakant Mishra, learned Deputy Solicitor General assisted by Mr.Rishabh Dev Singh, learned Central Government Counsel for the respondents-UOI & Indian Nursing Council and Mr.Mr.Ajay Kumar Dwivedi, Mr.Vikas Dubey, Mr.Anshul Tiwari & Mr.Anand Mohan Tiwari, and Mr.Soumitra Kesharwani, learned counsel holding the brief of Mr.Apurv Goyal, learned counsel appearing for the respective respondents. 2. In WPC No. 2361 of 2023 the petitioner has sought following relief(s):-
“i. That, this Hon'ble Court may kindly be pleased to quash the Gazette notifications dated 27/08/2021 and 05/07/2022 issued by the respondent no.3 and
7 respondent no.1, whereby the respondents has granted permission to the respondent no.10 for opening of Health and Allied Sciences Courses. ii. Cost of the petition may also be granted to the petitioner. iii. Any other relief, which this Hon'ble Court deems fit and proper, may also kindly be granted to the petitioner, in the interest of justice.”
3. In WPC No. 3073 of 2023 the petitioner has sought following relief(s):-
“i. That, this Hon'ble Court may kindly be pleased to quash the Gazette notifications dated 17/04/2018 issued by the respondent no.3 and Gazette Notification dated 06/04/2022, Bearing No. F 3- 8/2018/38-2, issued by the respondent no.1, whereby the respondents has granted permission to the respondent no.10 for opening of Health and Applied Sciences Courses. ii. Cost of the petition may also be granted to the petitioner. iii. Any other relief, which this Hon'ble Court deems fit and proper, may also kindly be granted to the petitioner, in the interest of justice. “
4. In WPC No. 3035 of 2023 the petitioner has sought following relief(s):-
“1. That, this Hon'ble Court may kindly be pleased to quash the Gazette notifications dated 09/06/2020 issued by the respondent no.3, whereby the respondents has granted permission to the respondent no.10 for opening of Health and Allied
8 Sciences Courses. ii. Cost of the petition may also be granted to the petitioner. iii. Any other relief, which this Hon'ble Court deems fit and proper, may also kindly be granted to the petitioner, in the interest of justice.”
5.
In WPC No. 3016 of 2023 the petitioner has sought following relief(s):-
“i. That, this Hon'ble Court may kindly be pleased to quash the Gazette notifications dated 09/09/2016 and 31/03/2022 issued by the respondent no.3 and respondent no.1, whereby the respondents has granted permission to the respondent no.10 for opening of Health and Allied Sciences Courses. ii. Cost of the petition may also be granted to the petitioner. iii. Any other relief, which this Hon'ble Court deems fit and proper, may also kindly be granted to the petitioner, in the interest of justice.”
6. In WPC No. 2926 of 2023 the petitioner has sought following relief(s):-
“i. That, this Hon'ble Court may kindly be pleased to quash the Gazette notifications dated 16/09/2022 issued by the respondent no.3, whereby the respondents has granted permission to the respondent no.10 for opening of Health and Applied Sciences Courses. ii. Cost of the petition may also be granted to the petitioner. iii. Any other relief, which this Hon'ble Court deems
9 fit and proper, may also kindly be granted to the petitioner, in the interest of justice.”
7. Learned Additional Advocate General appearing for the respondent- State has submitted that the notification has already been issued by the Additional Secretary, Government of Chhattisgarh, Department of Higher Education on 30.09.2025 and the same would be published in the official Gazette within a period of two weeks. He has produced the copy of the same, which is taken on record. 8. In view of submission made by learned Additional Advocate General for the respondent-State, the present writ petitions stand disposed off. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Bablu