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2005 DIGILAW 682 (RAJ)

Rajasthan Vikas Sansthan v. State of Rajasthan

2005-03-01

PRAKASH TATIA

body2005
Judgment Prakash Tatia, J.-Heard learned Counsel for the parties. 2. Learned Counsel for the petitioner submits that the petitioner complied with all the requirements, therefore, the State Government granted no objection certificate for opening new B.Sc. Engineering College vide order dated 24th April, 2002 (Annexure 4). The said no objection certificate was suspended by the State Government by order dated 25th September, 2002 (Annexure 13). There are serious allegations against the Minister concerned and allegations of mala fides have also been levelled against the Government as well as Minister. 3. According to learned Counsel for the petitioner, this Court while issuing notice for final disposal to the respondents vide order dated 4th October, 2002 directed the Indian Nursing Council, New Delhi to process the petitioners application as per rules if the petitioner complied with all the formalities. 4. According to learned Counsel for the petitioner in pursuance of the order of this Court dated 4th October, 2002, the Indian Nursing Council has already inspected the petitioners institution, but has not disclosed the report, which is required to be disclosed as per Section 13 of the Indian Nursing Council Act. 5. The grievance of the petitioner is that though the no objection certificate of some of other institutions was also withdrawn but for two institutions, they have been revoked, but in the case of the petitioner, the order of the suspension of permission is continuing since 25th September, 2002, despite the fact that petitioner has complied with all the requirements and Indian Nursing Council has already inspected the petitioner institution. 6. The petitioner submitted application on 27th April, 2004 seeking permission for taking on record the letter dated 15th April, 2004 issued by the Indian Nursing Council by which the Indian Nursing Council demanded Rs. 7,500/-from the petitioner against the annual inspection fees. The petitioner in the application submitted that petitioner has already remitted the amount vide cheque No. 017031 dated 22nd April, 2004. 7. According to learned Counsel for the petitioner, the respondents cannot sit over the matter for such a long period after suspending the no objection certificate issued by the respondent State Government on 22nd April, 2002 by order dated 25th September, 2002. 8. I considered the submission of learned Counsel for the parties. 7. According to learned Counsel for the petitioner, the respondents cannot sit over the matter for such a long period after suspending the no objection certificate issued by the respondent State Government on 22nd April, 2002 by order dated 25th September, 2002. 8. I considered the submission of learned Counsel for the parties. It is clear from the Annexure 13 dated 25th September, 2002 that by this order, the no objection certificate itself has not been cancelled by the State Government, but has been suspended only. The State Government only suspended the no objection certificate by order dated 25th September, 2002. Since, the matter is pending before the State Government and there is only interim order and the Government has not taken final decision in the matter of revocation of the no objection certificate and meanwhile, according to petitioner, the Nursing Council has inspected the petitioners institution and according to petitioner, the petitioners institution complied with all the requirements for the no objection certificate and petitioner in fact, was granted no objection certificate Annexure 4 by the State Government, therefore, the State Government may be directed to decide the matter immediately after considering the reports of the Nursing Council. 9. In view of the above, without going into the allegations of mala fide etc; looking to the nature of the relief claimed by the petitioner, it will suffice to direct the State Government to decide the proceedings initiated vide communication dated 25th September, 2002 about the cancellation of the petitioners no objection certificate granted by the State Government. The respondent Indian Nursing Council is directed to submit the inspection report to the State Government forthwith if has not been provided to the State Government and the State Government is directed to decide the matter strictly in accordance with the rules and the law applicable in the matter of grant/revocation of the no objection certificate for opening the B.Sc. Nursing College. The respondent Indian Nursing Council shall provide the report to the State Government within a period of one month. The State Government shall decide the matter within three months thereafter. 10. In view of the above, the writ petition of the petitioner is partly allowed with the directions to the respondents as mentioned above.