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2022 Supreme(Raj) 571

Rajasthan University of Health Sciences, Through Its Registrar – Appellant
Versus
Vinayaka Mission Medical and Education Society (Symbiosis Institute of Nursing) – Respondent


Advocates Appeared:
For the Appellant : Mr. Mahendra Vishnoi.
For the Respondent:Mr. Sandeep Shah, AAG with Mr. Abhimanyu Singh Rathore, Mr. Kuldeep Mathur, Sr. Advocate with Mr. Rahul Vyas, Mr. Ankur Mathur, Mr. Sangram Singh.

ORDER :

1. These appeals filed by the University and the State are preferred against the interim orders passed by the learned Single Judge in the matter of dispute arising on account of non-issuance of NOC by the State and consequent non-affiliation of the Institutions which are imparting Nursing Education.

2. The writ petitioners before the Writ Court came with the grievance that the State is not granting NOC, which is an arbitrary action. The inspections are being delayed and because of such delayed inspections, the Institutions, even though they fulfill all the legal requirements for issuance of NOC, affiliation for the University are not being allowed to either increase their intake capacity of students or for starting new Nursing courses.

3. The University as well as the State were issued notices and reply was also filed. The learned Single Judge vide impugned order held that as the new session has not started, granted an interim protection which provisionally allowed the Institution to participate in the process of counseling and also directed the State to consider the issue of NOC.

4. The appeals were initially filed by the University. The interim order was passed by this Court

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