ORDER : 1. These appeals are directed against the judgment dated 6.6.2023 passed by the learned Single Judge in SBCWP No. 7647/2023 and 7893/2023, respectively, whereby, the learned Single Judge did not find the matters fit so as to grant any relief to the petitioners. 2. The writ petitions were filed aggrieved of the order dated 18.4.2023 passed in the case of Pacific Medical University and 15.5.2023 passed in the case of Sai Tirupati University rejecting their representations made pursuant to the order passed in SBCWP No. 3755/2022 & 2866/2022 dated 2.2.2023 filed by the appellants, respectively. The previous writ petitions, SBCWP No. 3755/2023 & 2688/2022, were filed aggrieved of the orders dated 13.1.2022 cancelling the affiliation/recognition of the college for the academic sessions 2021-22 and seeking a direction to permit registration to the students of petitioner colleges for B.Sc. (Nursing), P.B.B.Sc. (Nursing), M.Sc. (Nursing) courses. The orders dated 13.1.2022 were passed by the Rajasthan Nursing Council, Jaipur, whereby, the provisional affiliation granted to the Nursing Colleges for running the courses on 28.12.2021/29.12.2021, on account of lack of NOC from the State Government, were cancelled. 3. It appears from the record of writ petition that when the Writ Petition No. 7647/2023 came up before the learned Single Judge on 26/5/2023 the matter was ordered to be listed on 30.5.2023 after showing the name of counsel representing the respondents in the cause list. On 30.5.2023, the matter was ordered to be listed along with CW No. 7893/2023. On 1.6.2023, after hearing the parties, the judgment was reserved and on 6.6.2023 the judgment was pronounced and writ petitions were dismissed. 4. The learned Single Judge after hearing the parties came to the conclusion that the issuance of NOC for the courses in question is necessary for running the nursing institutions and as the petitioners institutions were being run without any NOC from the State Government, the Rajasthan Nursing Council cancelled the affiliation/recognition on that count and consequently did not find matters fit so as to grant relief to the petitioners. 5. Learned counsel for the appellants made vehement submissions that the learned Single Judge did not deal with the matter in right perspective inasmuch as the challenge laid by the petitioner institutions was that the NOC of the State Government either was available with the petitioners or the same was not required at all. 6. 5. Learned counsel for the appellants made vehement submissions that the learned Single Judge did not deal with the matter in right perspective inasmuch as the challenge laid by the petitioner institutions was that the NOC of the State Government either was available with the petitioners or the same was not required at all. 6. Further submissions were made that the representation made by the petitioner institutions had raised all the said aspects, however, while rejecting the representation, none of the aspects were touched and with respect to wholly inapplicable guidelines, which pertained to GNM School of Nursing, whereas, the appellants’ case pertain to GNM College of Nursing, the representation was rejected. Further, the learned Single Judge without even requiring the respondents to respond to the writ petition, on assumption that the NOC was required with reference to wholly inapplicable judgment, has dismissed the writ petitions, which is not justified. 7. It was emphasized that the courses in question, based on the requisite NOCs and affiliation granted, were being issued by the Rajasthan Nursing Council every year since the year 2016 and suddenly without affording any opportunity it has had dawned on the Nursing Council that the requisite NOC was not available and without providing any opportunity of hearing the affiliation granted for the year 2021-22 came to be cancelled. 8. Further plea was also raised that in view of the law laid down by Hon’ble Supreme Court in B.L. Asawa vs. State of Rajasthan, (1982) 2 SCC 55 , the appellants institutions being Universities established by law, even otherwise such NOC was not required. 9. Submissions were made that it was the specific case of the appellants that they were in possession of NOC granted by the State Government for opening GNM School of Nursing and qua the three courses being run by the appellants, as it was a case of upgradation of School of Nursing to College of Nursing, for which the Indian Nursing Council has specifically provided vide their Circular dated 19.2.2009 that NOC was exempted for upgradation of School of Nursing and, therefore, as the rejection of the writ petitions without any reference to the said plea raised by the appellants is wholly unjustified, the appeals deserve to be allowed. 10. 10. Learned counsel for the respondents made vehement submissions that the rejection of the writ petitions is justified in view of the fact that the required NOC of the State Government was not available with the petitioners and the various pleas sought to be raised has no substance. 11. It was submitted that the mistake committed while deciding the representation by way of indicating wrong guidelines has been rectified by passing order dated 13.9.2023. 12. Various submissions were made with reference to the guidelines that the plea raised pertaining to non-requirement of NOC for upgradation has no basis and, therefore, the writ petitions have been rightly rejected. 13. We have considered the submissions made by learned counsel for the parties and have perused the material available on record. 14. A perusal of the record of the writ petitions reveals that on filing of the petitions, copies were ordered to be served on counsel representing the respondents and though no response was filed by them, the petitions came to be decided by the learned Single Judge noticing the submissions and concluding that for lack of requisite NOC, cancellation of affiliation was justified. However, apparently, whether the NOC of the State Government for the three courses was at all required, on the grounds raised by the appellants, the said determination did not take place before the learned Single Judge and the matter has proceeded on the assumption that NOC of the State Government was required, which was not obtained. 15. Before the Division Bench, the Court required filing of material along with note sheets by the respondents. Whereafter, the Court sought clarification on the position with regard to requirement of NOC and other questions raised on earlier occasion. The Division Bench then sought submission of list of events and dates and also required filing of written submissions. The respondents filed additional affidavits and documents and counter affidavit was also filed by the Indian Nursing Council. Written submissions along with guidelines etc. have been produced. Further, during the course of submissions, a communication dated 13.9.2023 seeking to correct the order dated 18.4.2023 has also been produced for perusal of the Court. 16. The respondents filed additional affidavits and documents and counter affidavit was also filed by the Indian Nursing Council. Written submissions along with guidelines etc. have been produced. Further, during the course of submissions, a communication dated 13.9.2023 seeking to correct the order dated 18.4.2023 has also been produced for perusal of the Court. 16. On the facts noticed hereinbefore, it is apparent that when the appellants had approached this Court on previous occasion aggrieved of the cancellation of affiliation granted to them by the Rajasthan Nursing Council by orders dated 13.1.2022 for academic session 2021-22, the appellants were permitted to file representations and the State Government was directed to decide the same at the earliest strictly in accordance with law. The representation raising several issues came to be rejected by the State Government with reference to apparently inapplicable guidelines and only during the course of pendency of present appeals, the said order was sought to be rectified on 13.9.2023. The challenge laid by the petitioners to the rejection of their representations and cancellation of affiliation for the session 2021-22, came to be decided by learned Single Judge without seeking any response from the respondents, coming to the conclusion that cancellation was justified as there was no NOC of the State Government. However, apparently, various pleas raised by the appellants regarding non-requirement of any NOC for the courses in question claiming the same to be upgradation based on the circulars issued by the Indian Nursing Council as well as the judgment in the case of B.L. Asawa (supra), apparently was not examined. 17. Further, as the matter was decided without seeking response from the respondents i.e. the State Government, Rajasthan Nursing Council and Indian Nursing Council, in the present appeals the said respondents have sought to defend the cancellation/requirement of NOC of the State Government, which aspect was indeed required to be decided for upholding the cancellation of affiliation granted. As neither while deciding the representation under the directions of the Court nor the learned Single Judge has dealt with the aspect of requirement of NOC for running the B.Sc. (Nursing), P.B.B.Sc. (Nursing) and M.Sc. As neither while deciding the representation under the directions of the Court nor the learned Single Judge has dealt with the aspect of requirement of NOC for running the B.Sc. (Nursing), P.B.B.Sc. (Nursing) and M.Sc. (Nursing) of the appellant, it would be appropriate that the said aspect is decided by the learned Single Judge after seeking response from the respondents to the writ petitions, as the decision by the Division Bench on the said aspect for the first time, would deprive the parties of remedy before this Court in whatever way the said aspect is decided. 18. Consequently, the appeals are partly allowed. The judgment dated 6.6.2023 passed by the learned Single Judge is set aside. The writ petitions are remanded back for fresh decision after seeking a response from the respondents i.e. State Government, Rajasthan Nursing Council and Indian Nursing Council.