Choudhary Kana Ram Dhaka Memorial Nursing College, Through Its Representative, Shri Faruk Sayed, S/o. Shri Sadik Sayed v. State Of Rajasthan, Through Its Principal Secretary, Medical And Health Department, Government Of Rajasthan
2023-06-06
PUSHPENDRA SINGH BHATI
body2023
DigiLaw.ai
JUDGMENT : 1. Though the above-numbered S.B. Civil Writ Petition No.7608/2023 was reserved, for pronouncement of judgment, vide a separate order, but looking into commonality of the controversy involved in the other instant petitions and the said S.B. Civil Writ Petition No.7608/2023, the same is being decided analogously with the other instant petitions, by the present judgment. 2. These writ petitions have been preferred claiming, in sum and substance, 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 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.” 3. For sake of brevity and convenience, the factual matrix is being taken from the above-numbered S.B. Civil Writ Petition No. 7977/2023, while treating the same as a lead case. 3.1 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. 3.2. 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.
3.2. 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. 3.3. Aggrieved by such action on the part of the respondents, the petitioner preferred a writ petition bearing S.B. Civil Writ Petition No.16253/2021 before this Hon’ble Court; which was disposed of vide order dated 23.11.2021, with a direction to the respondents to inspect the petitioner-Institution after the requisite formalities are completed by the petitioner, and pass appropriate order, preferably within a period of three from the date of the said order, strictly in accordance with law. 3.4. Thereafter, in compliance of the said order and order issued by the State Government on 10.03.2022, the respondent-Rajasthan Nursing Council (RNC) vide its order dated 15.03.2022 directed the petitioner to deposit the inspection fees for the purpose of conducting the requisite inspection of the petitioner institution. 3.5. The petitioner through its covering letter dated 18.04.2022 deposited the requisite inspection fees with the respondent-RNC, who in turn, vide order dated 13.06.2022, appointed the inspectors for undertaking the required inspection for the purpose of issuance of NOC for B.Sc. Nursing Course to the petitioner; 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. 3.6. 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.9034/2022 before this Hon’ble High Court; wherein vide order dated 28.06.2022, as an interim measure, the respondents were directed to allow the petitioner to participate in the counselling being conducted by the respondent Federation by extending the date of counselling appropriately for the said purpose. In compliance of the said order, the respondent-RUHS issued the list of eligible institutions for undertaking admissions in the Course in question, and that, the name of the petitioner was also mentioned in the said list. 3.7.
In compliance of the said order, the respondent-RUHS issued the list of eligible institutions for undertaking admissions in the Course in question, and that, the name of the petitioner was also mentioned in the said list. 3.7. 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; whereupon, when the case of the petitioner was not being considered for issuance of the requisite NOC, in light of the aforesaid Policy, the petitioner preferred a writ petition bearing S.B. Civil Writ Petition No.16639/2022; which was disposed of vide order dated 10.11.2022, in light of the judgment dated 04.11.2022, rendered by a Coordinate Bench of Hon’ble Court in a batch of petitions, led by S.B. Civil Writ Petition No.3962/2022 (Mahatma Gandhi B.Sc. Nursing College Vs. State of Rajasthan); operative portion of the judgment rendered in the case of Mahatma Gandhi B.Sc. Nursing College (supra), as referred by the petitioner, reads as under: “In view of the discussions made above, the writ petitions are allowed. The answer to the question posed is that the State has no power to put an additional condition of having 100 bedded own hospital by the Nursing Institutions/college enumerated in the order dated 07.06.2022 and, therefore, the condition of having 100 bedded own hospital by the Nursing Institute/Colleges enumerated in the order dated 07.06.2022 is quashed and set aside. The State will process the cases of the petitioners Institutions/ Colleges individually for grant of “No Objection Certificate” in accordance with the Regulation, 2020 of the Indian Nursing Council and will not insist upon any College/ Institution to have its own 100 bedded hospitals.” 3.8. However, despite the said directions, when the requisite NOCs’ were not issued for admitting students in the Course in question, the present petitions have been preferred, claiming the afore-quoted reliefs. 4. Learned counsel for the petitioners 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. 4.1.
4.1. Learned counsel further submitted that for establishing and maintaining the best infrastructure the petitioners have already incurred a huge sum of money and are 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. 4.2. 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. 4.3. Learned counsel further submitted that despite duly completing all the requisite formalities for issuance of the requisite NOC, the case of the petitioners therefor was not considered by the respondents, which is clearly violative of the provisions of law. 5. On the other hand, learned counsel appearing on behalf of the respondents, while opposing the aforesaid submissions made on behalf of the petitioners, submitted that the petitioners-institutions have not complied with all the necessary requirements, so as to become eligible for grant of NOC to run the Course in question. 5.1. 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 Mahatma Gandhi B.Sc. Nursing College (supra), 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. 5.2. It was also submitted that the petitioners clearly do 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 petitioners. 6. Heard learned counsel for the parties as well as perused the record of the case. 7. 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.
7. 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 petitions 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. 8. Thus, in view of the above, the present petitions are dismissed. However, after the final verdict is rendered by the Hon’ble Division Bench in the aforementioned pending Special Appeals, the petitioners shall be at liberty to approach this Court again, strictly in accordance with law. It is made clear those institutions who fall within the criteria, amongst others, of having their own 100 bedded hospital(s), shall be at liberty to pursue their 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.