JUDGMENT : 1. This writ petition has been preferred claiming the following reliefs: “It is, therefore, respectfully prayed that this writ petition may kindly be allowed and by an appropriate writ, order or direction:- (i) The record of the case may kindly be called for; (ii) The respondents may be directed to allow the petitioner institution to admit students in B.Sc. Nursing Course from academic session 2022-23 onwards by issuance of NOC. (iii) The respondents may further be directed to include the name of the petitioner institution in the list of eligible institutions for the purpose of counseling in B.Sc. Nursing Course with intake capacity of 60 seats for academic session 2022-23 onwards. (iv) The respondent federation/association may be directed to recommend the petitioner institution to the authorities for include the name of petitioner institution in its counseling. (v) The respondent University may further be directed to accept the annual affiliation and other fees of the petitioner institution. (vi) Cost of litigation and damages may also be allowed in favour of the petitioner. (vii) Any other appropriate writ or order or direction which is favorable to the petitioner in the facts and circumstances of the case may kindly be granted to the petitioner.” 2. Brief facts of the case, as placed before this Court by learned counsel for the petitioner, are that the Deputy Secretary, Medical Department, Government of Rajasthan issued an order dated 12.05.2002, wherein the guidelines were framed for establishment of Nursing Training Schools in the private sector. Prior to establishing such School(s), the institution(s) was required to obtain the No Objection Certificate (NOC) from the State Government. In consonance with such requirement, an application along with fees was submitted by the petitioner-Institution for obtaining the NOC from the State Government for establishment of a new B.SC Nursing College, after duly completing the formalities. 2.1. Thereafter, the petitioner submitted a representation before the respondent-State, requesting that despite completion of all the formalities, no steps were taken for issuance of the requisite NOC. Thereupon, the State Government and Indian Nursing Council (INC) issued the office notes dated 03.11.2020 and 09.12.2020, clarifying that the INC has no power to grant recognition to the Nursing Institution, instead the State Nursing Council/State Government is empowered to do so. 2.2. Thereupon, the State Government and Indian Nursing Council (INC) issued the office notes dated 03.11.2020 and 09.12.2020, clarifying that the INC has no power to grant recognition to the Nursing Institution, instead the State Nursing Council/State Government is empowered to do so. 2.2. Aggrieved by such action on the part of the respondents, the petitioner preferred a writ petition bearing S.B. Civil Writ Petition No.7041/2021 before this Hon’ble Court; wherein vide orders dated 26.07.2021 and 12.08.2021, which was disposed of with a direction to the respondents consider the application of the petitioner-Institution to establish a Nursing College for B.Sc. (N) Course. 2.3. Thereafter, in compliance of the said order and order issued by the State Government on 13.09.2021, the respondent-Rajasthan Nursing Council (RNC) vide its order dated 15.09.2021, directed the petitioner to deposit the inspection fees for the purpose of conducting the requisite inspection of the petitioner institution. 2.4. The petitioner deposited the requisite inspection fees to the respondent-RNC for conducting inspection of the petitioner, and submitted a letter dated 15.09.2021 to the respondent-RNC, requesting the authorities to take necessary steps for allowing the petitioner for conducting B.Sc. Nursing Course; whereafter, the inspection was successfully carried out and positive recommendations were made, but despite the same, the respondent-State has not issued any order, so as to enable the petitioner to run B.Sc. Nursing Course. 2.5. Thus, aggrieved by such action on the part of the respondents, the petitioner again preferred a writ petition bearing S.B. Civil Writ Petition No.10673/2022 before this Hon’ble High Court; wherein vide order dated 27.07.2022, as an interim measure, the respondents were directed to allow the petitioner to provisionally participate in the counselling process undertaken by the respondent Federation for the academic session 2021-22 for B.Sc./MLT/B.Sc.Nursing/GNM/Post Basic B.Sc. Nursing. In compliance of the said order, the respondent-RUHS issued the list of eligible institutions and allowed the petitioner-Institution in the process of admission for conducting B.Sc. Nuring Course. 2.6. The respondents-State however, issued a Policy dated 07.06.2022, whereby, certain norms were required to be adhered to, including that the concerned institution must have its own hospital with 100-bedded capacity. 2.7. In compliance of the said order, the respondent-RUHS issued the list of eligible institutions and allowed the petitioner-Institution in the process of admission for conducting B.Sc. Nuring Course. 2.6. The respondents-State however, issued a Policy dated 07.06.2022, whereby, certain norms were required to be adhered to, including that the concerned institution must have its own hospital with 100-bedded capacity. 2.7. As per the petitioner, the petitioner is having all requisite infrastructure for conducting the Nursing Course, which was also assessed by the team of inspectors and also by the Scrutiny Committee constituted by the State Government; despite the same, the respondents vide order dated 13.07.2022 rejected the candidature of the petitioner-institution in light of the aforesaid Policy for grant of NOC, while stating that the petitioner is not having its own 100 bedded hospital. 2.7.1. Furthermore, as per the petitioner, the said order dated 13.07.2022 was not received by the petitioner, but the same came to its knowledge, when reply was filed on behalf of the State respondents in another writ petition preferred by the petitioner. 2.8. In the aforesaid factual backdrop and the impugned action on the part of the respondents, the present petition has been preferred claiming the afore-quoted reliefs. 3. Learned counsel for the petitioner-Institution submitted that the counseling for the Academic Session 2022-23 was going on, but on count of the impugned action on the part of the respondents, despite having complied with all the requisite requirements, including its own 100 bedded hospital, the petitioner was not issued the requisite NOC by the respondents for running the Course in question, and the consequential participation in the counseling process. 3.1. Learned counsel further submitted that for establishing and maintaining the best infrastructure the petitioner has already incurred a huge sum of money and is still continuing to do the same on day-to-day basis; thus, as per learned counsel, the impugned action on the part of the respondents is not justified in law. 3.2. Learned counsel also submitted that as per provisions of the Indian Nursing Council Act, 1947, it is clear that only the concerned State Nursing Councils have the power and jurisdiction to inspect institution(s) for the purpose of ascertaining the adequacy and suitability of such institution(s) for conducting Course in question. 3.3. 3.2. Learned counsel also submitted that as per provisions of the Indian Nursing Council Act, 1947, it is clear that only the concerned State Nursing Councils have the power and jurisdiction to inspect institution(s) for the purpose of ascertaining the adequacy and suitability of such institution(s) for conducting Course in question. 3.3. Learned counsel further submitted that despite duly completing all the requisite formalities for issuance of the requisite NOC, the case of the petitioner therefor was not considered by the respondents, which is clearly violative of the provisions of law. 4. On the other hand, learned counsel appearing on behalf of the respondents, while opposing the aforesaid submissions made on behalf of the petitioner, submitted that the petitioner-institution has not complied with all the necessary requirements, so as to become eligible for grant of NOC to run the Course in question. 4.1. It was further submitted that the order/policy dated 07.06.2022, though has been quashed and set aside vide the aforementioned judgment dated 04.11.2022 rendered in the case of S.B. Civil Writ Petition No.3962/2022 (Mahatma Gandhi B.Sc. Nursing College Vs. State of Rajasthan), but the said judgment is under challenge before the Division Bench of this Hon’ble Court in the pending D.B. Civil Special Appeal (Writ) No. 216/2022 (Rajasthan University of Health Sciences Vs. Mahatma Gandhi B.Sc. Nursing College) & other connected appeals. 4.2. It was also submitted that the petitioner clearly does not fall under the criteria for the grant of NOC for the Course in question, and due to same, the respondent-State is not granting such NOC to the petitioner. 5. Heard learned counsel for the parties as well as perused the record of the case. 6. This Court has made all possible efforts to resolve the controversy in question pertaining to the requirement of 100 bedded hospital(s) for issuance of the requisite NOC and also directed the State and other respondents herein to provide effective assistance, but despite such efforts and directions, no assistance was rendered by the State and other respondents. However, as per the respondents, the issue raised in the present petition is pending adjudication before the Division Bench of this Hon’ble Court in the aforementioned Special Appeals, and therefore, it would not be appropriate for this Court to grant any further relief prayed for herein, at this stage. 7. Thus, in view of the above, the present petition is dismissed. 7. Thus, in view of the above, the present petition is dismissed. However, after the final verdict is rendered by the Hon’ble Division Bench in the aforementioned pending Special Appeals, the petitioner shall be at liberty to approach this Court again, strictly in accordance with law. It is made clear if the institution falls within the criteria, amongst others, of having their own 100 bedded hospital(s), it shall be at liberty to pursue its cause before the concerned authorities, who in turn, shall consider and take a final decision thereon, strictly in accordance with law. All pending applications stand disposed of.