Annpurna Medical Training (College of Nursing) v. State of Rajasthan
2025-02-11
VINIT KUMAR MATHUR
body2025
DigiLaw.ai
Order : 1. Heard learned counsel for the parties. 2. Both the present writ petitions are being disposed of by this common order as the grievances raised in the writ petitions are on the same facts. However, for brevity, the facts of S.B. Civil Writ Petition No.18956/2024 are taken into consideration. 3. The present writ petition has been filed with the following prayers: “(i) The record of the case may kindly be called for; (ii) 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 80 seats for academic session 2024-25 onwards. (iii) The respondent federation/association may be directed to recommend the petitioner institution to the authorities for include the name of the petitioner institution in its counseling. (iv) The respondent University may further be directed to accept the annual affiliation and other fees of the petitioner institution.” 4. Learned counsel for the petitioners submits that the petitioner-Institutions have been inspected by the Inspectors of the respondent-Department and positive recommendations for enhancement of the seats of the petitioner-Institutions have been made. Thereafter, the matters have also been examined by the Scrutiny Committee of the State Government, which also made positive recommendations for the enhancement of the seats of the petitioner-Institutions. Learned counsel for the petitioners further submits that in the reply so preferred by the State Government, an order dated 29.08.2022 has been placed on record, whereby, the applications for the enhancement of the seats of the petitioners have been rejected. The ground for rejection of the applications, as has been taken in the order dated 29.08.2022, is that the petitioners do not have 100-bedded hospital of their own. Learned counsel further submits that the ground on which the applications have been rejected is no more sustainable in light of the judgment dated 01.03.2024 passed by the Division Bench of this Court in a bunch of cases led by D.B. Special Appeal Writ No.11/2023 : State of Rajasthan vs. Private Physiotherapy , Nursing and Paramedical Institution Society .
Learned counsel further submits that the ground on which the applications have been rejected is no more sustainable in light of the judgment dated 01.03.2024 passed by the Division Bench of this Court in a bunch of cases led by D.B. Special Appeal Writ No.11/2023 : State of Rajasthan vs. Private Physiotherapy , Nursing and Paramedical Institution Society . He, therefore, prays that the cases of the petitioners for grant of No Objection Certificate may be ordered to be considered afresh by the State Government in light of the observations made by the Inspectors of the Inspection Team, recommendation made by the Scrutiny Committee and the law laid down by the Division Bench of this Court vide judgment dated 01.03.2024. 5. Per contra, learned counsel for the respondents submit that since the State Government has already rejected the applications preferred by the petitioners for enhancement of seats, therefore, the petitioners may be directed to either assail the validity of the order of rejection or file a fresh application in the light of the judgment passed by the Division Bench of this Court. 6. I have considered the submissions made at the Bar and have gone through the relevant records of the case. 7. The admitted position of the cases clearly shows that the petitioner-Institutions were inspected by the Inspectors and the Inspection Report have been filed, wherein, the recommendations for enhancement of the seats of the Institutions have been made. Thereafter, the matters were examined by the Scrutiny Committee consisting of the highest Officers of the State Government and in its meeting held on 27.07.2021, the Committee has also recommended the cases of the petitioner-Institutions for enhancement of their seats. It is also noted that the Division Bench of this Court vide its judgment dated 01.03.2024 rendered in the case of Private Physiotherapy, Nursing and Paramedical Institution Society (supra) has declared the condition of “100- bedded own hospital” of the Institutions as invalid and, therefore, the rejection order passed by the State Government rejecting the applications of the petitioner-Institutions for enhancement of the seats is not sustainable. 8.
8. In view of the discussions made above, the present writ petitions are disposed of with a direction to the State Government to reconsider the cases of the petitioner-Institutions for grant of No Objection Certificate afresh in view of the Inspection Report, the recommendation of the Scrutiny Committee and the law laid down by the Division Bench of this Court in judgment dated 01.03.2024 in the case of Private Physiotherapy, Nursing and Paramedical Institution Society (supra), by passing a speaking order. Needful shall be done by the State Government within a period of eight weeks from the date of receipt of the certified copy of this order, strictly in accordance with law. 9. Stay petition and other pending applications, if any, shall stand disposed of accordingly.