For the State: S.N. Kumawat, AAG.
For the Appellant:Manju Jain, Advocate.
For the Respondents:R.D. Rastogi, Mr. Hemant Sharma, Mr. Sarthak Rastogi and Mr. Jai Raj Tantia, Advocates.
For the Indian Nursing Council:Anuradha Upadhayay, Advocate.

Based on the provided legal document, here are the key points:

• The case involves an appeal by the Rajasthan Nursing Council and the State of Rajasthan against a Single Bench order that held No Objection Certificates (NOC) from the State Government were not required for institutions running B.Sc. Nursing Courses to start General Nursing & Midwifery (GNM) or Auxiliary Nursing Midwifery (ANM) courses [17000261310003][17000261310010].
• The petitioners-institutions sought to start GNM/ANM courses (school level) after successfully running B.Sc. Nursing courses (college level) and obtaining approval from the Indian Nursing Council (INC) [17000261310004][17000261310005].
• The State of Rajasthan and the Rajasthan Nursing Council (RNC) maintain that NOC/Essentiality Certificates from the State Government are mandatory for opening a School/College of Nursing, as GNM/ANM courses are distinct from the existing B.Sc. program and do not qualify as mere "additional courses" exempt from this requirement [17000261310006][17000261310012].
• The INC framed regulations under Section 16 of the INC Act, 1947, which have statutory force and explicitly state that any organization wishing to open a School or College of Nursing must obtain an NOC/Essentiality certificate from the State Government [17000261310012][17000261310015].
• The Bench observed that the Single Bench failed to consider these statutory regulations, which clearly distinguish between a School of Nursing and a College of Nursing, and mandate the NOC for the former [17000261310017].
• Although guidelines issued by the INC suggest an exemption from NOC if a nursing program is recognized, the Bench held that these guidelines cannot supersede the statutory regulations and that the exemption applies only to upgrading a School to a College, not starting a School-level course in an existing College [17000261310018][17000261310020].
• The Bench cited the Supreme Court decision in Government of A.P. & Anr. v. J.B. Educational Society & Anr. to support the view that State authorities alone can determine the educational needs and facilities of a locality [17000261310021].
• Consequently, the intra-court appeals were allowed, the impugned order was set aside, and it was directed that the RNC must insist on the production of the NOC/Essentiality Certificate from the State Government before processing applications for recognition/affiliation [17000261310022][17000261310024].