1. 1. There is delay in filling the intra-court appeals.

2. For the reasons stated in the applications under Section 5 of the Limitation Act duly supported by affidavits, delay is condoned. Accordingly, Civil Misc. applications are disposed of.

3. Defects are waived.

4. The intra-court appeals have been preferred by State of Rajasthan as well as Rajasthan Nursing Council (hereinafter referred to as 'RNC') questioning sustainability of the common order dated 22.11.2011 passed by Single Bench holding that for starting General Nursing & Midwifery Course (hereinafter referred to as 'GNM Course'), permission of State Government is not required, as such, the RNC should not insist the petitioners-institutions to obtain No Objection Certificate (hereinafter referred to as 'NOC') or Essentiality Certificate from the State Government and direction was issued to the RNC to consider the application of petitioners-institutions for additional recognition/affiliation for GNM Course.

5. Facts in short are that the petitioners-institutions are running B.Sc. Nursing Colleges. They have obtained NOC from the State of Rajasthan to running the said Colleges. However, they desired to start GNM & ANM Course, which is of school level, as such, they applied to the Indian Nursing Council (hereinafter referred to as 'the INC') established under the Indian Nursing Council Act, 1947 (hereinafter referred to as 'the Act of 1947'). The INC granted approval to commence GNM Course, however, subject to approval by the RNC. Thereafter, they have also applied for further recognition/affiliation of GNM Course before the RNC, which has been established under the provisions of the Rajasthan Nurses Midwives, Health Visitors and Auxiliary Nurses Midwives Registration Act, 1964 (hereinafter referred to as 'the Act of 1964').

6. By way of filing the writ applications, petitioners-institutions had submitted before the Single Bench that there is no necessity to obtain the NOC from the State of Rajasthan. It was also prayed that the State of Rajasthan be directed to issue NOC/recognition/affiliation for commencement of GNM and ANM Course. It was also prayed that the RNC be directed to affiliate the Institutions for GNM Course in view of permission granted by the INC on 20.07.2011. It was also stated that for last several years, they are successfully running B.Sc. Course, which is of college level. The petitioners-institutes were desirous to start the GNM Course, which is of school level. The application was also submitted before State of Rajasthan, Department of Medical & Health Services, Jaipur for permission to start the GNM Course and issue the NOC for the purpose. The RNC declined recognition/affiliation on the ground that petitioner-institutions have to produce NOC issued by the State of Rajasthan. On the one hand, the petitioner-institutions applied for grant of NOC to State of Rajasthan, however, on the other hand, they have also contended that it was not necessary and the RNC should not insist for it. It was also submitted that once the B.Sc. Course, which is of college level, is being successfully run by the petitioners-institutions, it is not necessary to obtain the NOC from State Government to start the GNM and ANM Course.

7. In the return, Stand of the State of Rajasthan is that the State Government has authority and empowerment to determine basic norms and standards for opening of Nursing Schools in the State of Rajasthan and for determining the question as to whether for new course in the pre-existing college shall be allowed; it is to be considered that the institution has the requisite building, hospital, teaching staff etc., basic infrastructure as per norms/standard laid down by the INC/State Government and on these conditions, the State Government issues the NOC to start a new course. The State Government has also taken a policy decision at the level of a Minister's Meeting that if any institution, without taking an NOC from the State Government, obt