Anupama Medical Prashikshan Sansthan v. State of Rajasthan
2025-03-06
VINIT KUMAR MATHUR
body2025
DigiLaw.ai
ORDER : VINIT KUMAR MATHUR, J. 1. Heard learned counsel for the parties. 2. The present writ petition has been filed with the following prayers: “(i) The record of the case may kindly be called for; (ii) The impugned order dated 29.08.2022 Annexure-19 may kindly be quashed and set aside. (iii) The respondent authorities may further be directed to grant NOC with intake capacity of 60 seats for B.Sc Nursing Course.” 3. Learned counsel for the petitioner submits that the petitioner-Institution has been inspected by the Inspectors of the respondent-Department and positive recommendations for enhancement of the seats of the petitioner-Institution have been made. Thereafter, the matter has 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-Institution. Learned counsel for the petitioner further submits that the application for the enhancement of the seats of the petitioner has been rejected. The ground for rejection of the application, as has been taken in the order dated 29.08.2022, is that the petitioner does not have 100-bedded hospital of his own. Learned counsel further submits that the ground on which the application has 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 case of the petitioner 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. 4. Per contra, learned counsel for the respondents submit that since the State Government has already rejected the application preferred by the petitioner for enhancement of seats, therefore, the petitioner may be directed to file a fresh application in the light of the judgment passed by the Division Bench of this Court. 5. I have considered the submissions made at the Bar and have gone through the relevant records of the case. 6.
5. I have considered the submissions made at the Bar and have gone through the relevant records of the case. 6. The admitted position of the case clearly shows that the petitioner-Institution was inspected by the Inspectors and the Inspection Report has been filed, wherein, the recommendation for enhancement of the seats of the Institution has been made. Thereafter, the matter was examined by the Scrutiny Committee consisting of the highest Officers of the State Government and in its meeting held on 30.04.2021, the Committee has also recommended the case of the petitioner-Institution for enhancement of his 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 Institution as invalid and, therefore, the rejection order passed by the State Government rejecting the application of the petitioner-Institution for enhancement of the seats is not sustainable. 7. In view of the discussions made above, the present writ petition is disposed of with a direction to the State Government to reconsider the case of the petitioner-Institution for grant of No Objection Certificate for 60 seats 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. 8. Stay petition and other pending applications, if any, shall stand disposed of accordingly.