GEETANJALI COLLEGE OF NURSING v. STATE OF RAJASTHAN
Court: High Court of Rajasthan
Bench: VINIT KUMAR MATHUR
Judgment date:
Case summary
High Court of Rajasthan judgment dated 2025-01-22. GEETANJALI COLLEGE OF NURSING v. STATE OF RAJASTHAN. Read the judgment and case details on LawSphereX.
Judgment text
[2025:RJ-JD:4037] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S. B. Civil Writ Petition No. 18168/2023 Geetanjali College Of Nursing, Borawar, Nagaur, Under The Management Of Geetanjali Shikshan Sansthan, Borawar, Tehsil Makrana, District - Nagaur Raj. , Through Its Secretary Lal Mohammed Khan Son Of Sh. Saraj Ahmed, Aged About 58 Years, Deshwali Mohalla, Borawar, Tehsil Makrana, District Nagaur (Raj. ). ----Petitioner Versus 1. State Of Rajasthan, Through Its Principal Secretary, Medical And Health Department, Government Of Rajasthan, Government Secretariat, Jaipur (Rajasthan). 2. Rajasthan Nursing Council, Through Its Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur (Rajasthan). 3. Rajasthan University Of Health And Science, Through Its Registrar, Kumbha Marg, Partap Nagar, Jaipur, Rajasthan. 4. Rajasthan Private Nursing School College Federation, Lal Kothi, Jaipur Through Its President. 5.
Private Physiotherapy, Nursing And Para Medical Institutions Society, Branch Office Jodhpur Through Its Secretary, Plot No. 273, Subhash Nagar, Pal Road, Jodhpur Rajasthan. ----Respondents For Petitioner(s) : Mr. B. S. Sandhu Mr. Ankur Mathur Mr. Harshvardhan Thanvi For Respondent(s) : Mr. N. S. Rajpurohit, AAG assisted by Ms. Ruchi Parihar Mr. Sangram Singh Mr. Ayush Goyal HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order 22/01/2025 1. Heard learned counsel for the parties. 2. The petitioner-Institution is imparting education by undertaking the courses of B. Sc (N). The present Institution has applied for the requisite permission from the State Government. Despite having completed all the requisite formalities for grant of [2025:RJ-JD:4037] (2 of 4) [CW-18168/2023] "No Objection Certificate", the State Government has not decided/granted "No Objection Certificate" to the petitioner- Institution, therefore, the present writ petition has been filed. 3.
Learned counsel for the petitioner-Institution submits that the petitioner-Institution after having completed all the requisite formalities is running in accordance with law. He further submits that the infrastructure for imparting education in the nursing course are available with the petitioner-Institution. He further submits that the petitioner-Institution has been inspected by the competent authorities of the respondent-Department and have not found any infirmity till date. He further submits that despite petitioner-Institution having completed all the requisite formalities for grant of "No Objection Certificate", the State Government is sitting tight over the matter and has not decided the case of the petitioner for grant of "No Objection Certificate". 4.
Learned counsel for the petitioner further submits that since case of the petitioner-Institution for grant of "No Objection Certificate" has not been decided, this Court time to time has passed interim orders for increasing number of seats as well as allowing the Institution to participate in the ongoing counseling process for admitting the students in the nursing education. He, therefore, prays that the respondents may be directed to decide the pending case of the petitioner-Institution for grant of "No Objection Certificate" expeditiously. 5. Per contra, Mr. Rajpurohit, learned AAG for the respondent- State submits that the process for grant of "No Objection Certificate" is taken up with the competent authorities and will be [2025:RJ-JD:4037] (3 of 4) [CW-18168/2023] shortly completed. Learned counsel for the State assures this Court that the competent authorities of the respondents will be sensitized for taking early decision in the matter. 6.
I have considered the submissions made at the Bar and have gone through the relevant record of the case. 7. Since the petitioner-Institution is imparting education in the field of nursing courses and students are having been admitted in the nursing courses in pursuance of the interim order passed by this Court, therefore, it is urgent need of the hour to issue a direction to the State Government to decide the case of the petitioner-Institution for grant of "No Objection Certificate", at the earliest. 8. In the considered opinion of this Court, the respondent-State is under an obligation to decide the cases of the petitioner- Institution for grant of "No Objection Certificate" expeditiously, so that the students, who are studying in the petitioner-Institution may not suffer and their future may not hang in uncertainty. 9.
In these circumstances, the present writ petition is disposed of with a direction to the respondents to decide the case of the petitioner-Institution for grant of "No Objection Certificate" within a period of eight weeks from the date of receipt of the certified copy of this order, strictly in accordance with law. 10. The interim order passed by this Court shall continue till the cases of the petitioner-Institution for grant of "No Objection Certificate" are decided. 11. It is made clear that if the State Government passes an order adverse to the interest of the petitioner-Institution, it shall [2025:RJ-JD:4037] (4 of 4) [CW-18168/2023] record reasons for doing so after taking the entire material placed before it including the inspection reports. 12.
It is also directed that till the State Government decides the cases of the petitioner-Institution for grant of "No Objection Certificate", the benefits accruing to the students in pursuance of the interim order passed by this court shall be continued. 13. It is further ordered that the students admitted by the present Institution under the garb of the interim order shall remain subject to the outcome of the decision on the “No Objection Certificate” to be granted by the State Government. If the State does not grant the “No Objection Certificate” to the Institutions, the Institution will be responsible for admitting the students in the Institution and the outcome of such decision. 14. The present order will be applicable to the students who have been admitted as per the guidelines issued by the State Government/Nursing Council for counseling. 15.
The affiliation of the Universities/Colleges will be governed by the Norms of RUHS and RUHS authorities will be under an obligation to consider the delay in grant of NOCs to such institution. (VINIT KUMAR MATHUR),J 45-/Arun P/-
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