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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Vinit Kumar Mathur, J.
Mahatma Gandhi B.sc. Nursing College, Through Its Director Shri Dalu Ram S/o Shri Hadu Ram - Petitioner
Versus
State of Rajasthan - Respondents
S.B. Civil Writ Petition No. 3962 Of 2022, S.B. Civil Writ Petition No. 3257/2022, S.B. Civil Writ Petition No. 3921 of 2022, S.B. Civil Writ Petition No. 3936 of 2022, S.B. Civil Writ Petition No. 3940 of 2022, S.B. Civil Writ Petition No. 9503 of 2022, S.B. Civil Writ Petition No. 9521 of 2022, S.B. Civil Writ Petition No. 9532 of 2022, S.B. Civil Writ Petition No. 9534 of 2022, S.B. Civil Writ Petition No. 9542 of 2022, S.B. Civil Writ Petition No. 9833 of 2022, S.B. Civil Writ Petition No. 9835 of 2022, S.B. Civil Writ Petition No. 9842 of 2022, S.B. Civil Writ Petition No. 9880 of 2022, S.B. Civil Writ Petition No. 9892 of 2022, S.B. Civil Writ Petition No. 9919 of 2022, S.B. Civil Writ Petition No. 10528 of 2022, S.B. Civil Writ Petition No. 10548 of 2022, S.B. Civil Writ Petition No. 10560 of 2022, S.B. Civil Writ Petition No. 10564 of 2022, S.B. Civil Writ Petition No. 10566 of 2022, S.B. Civil Writ Petition No. 10569 of 2022, S.B. Civil Writ Petition No. 10572 of 2022, S.B. Civil Writ Petition No. 10573 of 2022, S.B. Civil Writ Petition No. 10575 of 2022, S.B. Civil Writ Petition No. 10579 of 2022, S.B. Civil Writ Petition No. 10670 of 2022, S.B. Civil Writ Petition No. 11037 of 2022, S.B. Civil Writ Petition No. 11249 of 2022, S.B. Civil Writ Petition No. 11686 of 2022, S.B. Civil Writ Petition No. 11807 of 2022, S.B. Civil Writ Petition No. 11819 of 2022, S.B. Civil Writ Petition No. 11878 of 2022, S.B. Civil Writ Petition No. 11880 of 2022, S.B. Civil Writ Petition No. 11884 of 2022, S.B. Civil Writ Petition No. 11887 of 2022, S.B. Civil Writ Petition No. 11891 of 2022, S.B. Civil Writ Petition No. 11904 of 2022, S.B. Civil Writ Petition No. 12167 of 2022, S.B. Civil Writ Petition No. 12428 of 2022, S.B. Civil Writ Petition No. 12855 of 2022, S.B. Civil Writ Petition No. 12928 of 2022, S.B. Civil Writ Petition No. 12962 of 2022, S.B. Civil Writ Petition No. 12990 of 2022, S.B. Civil Writ Petition No. 12998 of 2022, S.B. Civil Writ Petition No. 13001 of 2022, S.B. Civil Writ Petition No. 13041 of 2022, S.B. Civil Writ Petition No. 13200 of 2022, S.B. Civil Writ Petition No. 13239 of 2022, S.B. Civil Writ Petition No. 13267 of 2022, S.B. Civil Writ Petition No. 13398 of 2022, S.B. Civil Writ Petition No. 13409 of 2022, S.B. Civil Writ Petition No. 13700 of 2022, S.B. Civil Writ Petition No. 13730 of 2022, S.B. Civil Writ Petition No. 13910 of 2022, S.B. Civil Writ Petition No. 13938 of 2022, S.B. Civil Writ Petition No. 14146 of 2022, S.B. Civil Writ Petition No. 14170 of 2022, S.B. Civil Writ Petition No. 14275 of 2022, S.B. Civil Writ Petition No. 14389 of 2022, S.B. Civil Writ Petition No. 14686 of 2022, S.B. Civil Writ Petition No. 17202 of 2021, S.B. Civil Writ Petition No. 8352 of 2022, S.B. Civil Writ Petition No. 10668 of 2022, S.B. Civil Writ Petition No. 10716 of 2022, S.B. Civil Writ Petition No. 11401 of 2022, S.B. Civil Writ Petition No. 12440 of 2022, S.B. Civil Writ Petition No. 13220 of 2022, S.B. Civil Writ Petition No. 14000 of 2022, S.B. Civil Writ Petition No. 14869 of 2022, S.B. Civil Writ Petition No. 14870 of 2022, S.B. Civil Writ Petition No. 14881 of 2022, S.B. Civil Writ Petition No. 14887 of 2022, S.B. Civil Writ Petition No. 14888 of 2022, S.B. Civil Writ Petition No. 14890 of 2022, S.B. Civil Writ Petition No. 14891 of 2022, S.B. Civil Writ Petition No. 14893 of 2022, S.B. Civil Writ Petition No. 15385 of 2022, S.B. Civil Writ Petition No. 15418 of 2022, S.B. Civil Writ Petition No. 15731 of 2022, S.B. Civil Writ Petition No. 8791 of 2022, S.B. Civil Writ Petition No. 8806 of 2022, S.B. Civil Writ Petition No. 8807 of 2022, S.B. Civil Writ Petition No. 8820 of 2022, S.B. Civil Writ Petition No. 8835 of 2022, S.B. Civil Writ Petition No. 8839 of 2022, S.B. Civil Writ Petition No. 8840 of 2022, S.B. Civil Writ Petition No. 8841 of 2022, S.B. Civil Writ Petition No. 8843 of 2022, S.B. Civil Writ Petition No. 8885 of 2022, S.B. Civil Writ Petition No. 8907 of 2022, S.B. Civil Writ Petition No. 8934 of 2022, S.B. Civil Writ Petition No. 8940 of 2022, S.B. Civil Writ Petition No. 8943 of 2022, S.B. Civil Writ Petition No. 8945 of 2022, S.B. Civil Writ Petition No. 8946 of 2022, S.B. Civil Writ Petition No. 8947 of 2022, S.B. Civil Writ Petition No. 9033 of 2022, S.B. Civil Writ Petition No. 9034 of 2022, S.B. Civil Writ Petition No. 9341 of 2022, S.B. Civil Writ Petition No. 10673 of 2022, S.B. Civil Writ Petition No. 11815 of 2022, S.B. Civil Writ Petition No. 9819 of 2022, S.B. Civil Writ Petition No. 11724 of 2022, S.B. Civil Writ Petition No. 14375 of 2022, S.B. Civil Writ Petition No. 14883 of 2022, S.B. Civil Writ Petition No. 14885 of 2022, S.B. Civil Writ Petition No. 14896 of 2022, S.B. Civil Writ Petition No. 15916 of 2022
Decided On : 04-11-2022
No Objection Certificate - Nursing Colleges - Indian Nursing Council Act, 1947, Regulation of 2020 - The court allowed the writ petitions, quashing the condition of having 100 bedded own hospital by the Nursing Institutions/Colleges enumerated in the order dated 07.06.2022. The State was directed to process the cases of the petitioners Institutions/Colleges individually for grant of 'No Objection Certificate' in accordance with the Regulation, 2020 of the Indian Nursing Council and not to insist upon any College/Institution to have its own 100 bedded hospitals.
Fact of the Case:
The writ petitions sought relief from the order denying 'No Objection Certificate/ Essentiality Certificate' for enhancement of seats/establishment of colleges and inclusion of the petitioners' institutions in the list of eligible institutions for counselling in GNM/B.Sc Nursing course with enhanced intake capacity of students for Academic Session 2022-23.
Finding of the Court:
The court found that the State Government had no power to impose the condition of having 100 bedded own hospital by the Nursing Institutions/Colleges, as it was in conflict with the Indian Nursing Council Act, 1947 and the Regulation of 2020. The court held that the State must process the cases of the petitioners Institutions/Colleges individually for grant of 'No Objection Certificate' in accordance with the Regulation, 2020 of the Indian Nursing Council and not insist upon any College/Institution to have its own 100 bedded hospitals.
Issues: The core issue was whether the State Government could impose a condition of having 100 bedded own hospital to get 'No Objection Certificate' for establishment of the Nursing Colleges/enhancement of the seats in such Colleges.
Ratio Decidendi: The court held that the State Government's imposition of the condition of having 100 bedded own hospital was in conflict with the Indian Nursing Council Act, 1947 and the Regulation of 2020, and therefore, quashed the condition and directed the State to process the cases of the petitioners Institutions/Colleges individually for grant of 'No Objection Certificate' in accordance with the Regulation, 2020 of the Indian Nursing Council.
Final Decision: The writ petitions were allowed, and the condition of having 100 bedded own hospital by the Nursing Institutions/Colleges enumerated in the order dated 07.06.2022 was quashed and set aside. The State was directed to process the cases of the petitioners Institutions/Colleges individually for grant of 'No Objection Certificate' in accordance with the Regulation, 2020 of the Indian Nursing Council and not to insist upon any College/Institution to have its own 100 bedded hospitals.
ORDER :
1. The basic relief sought for in all these writ petitions revolves around the order dated 07.06.2022 passed by the Principal Secretary, Medical and Health Department (Group-III) Government of Rajasthan Jaipur vide which "No Objection Certificate/ Essentiality Certificate" for enhancement of seats/establishment of colleges has either been denied/ rejected or is pending consideration before the State Government and thus all consequential benefits flowing therefrom have been denied to the respective petitioners institutions. Besides this relief, in some of the writ petitions, it is also prayed that the respondents may be directed to include the name of the petitioners institutions in the list of eligible institution for the purpose of counselling in GNM/ B.Sc Nursing course with enhanced intake capacity of students for Academic Session 2022-23.
2. Since in all these writ petitions, the principal grievance of the petitioners institutions is for quashing the condition of 100 bedded own hospital enumerated in the order dated 07.06.2022 passed by the Principal Secretary, Medical and Health Department (Group-III), Government of Rajasthan Jaipur, with the consent of all the learned counsel for the parties, the present batch of writ petitions is being heard and decided by this common judgment.
3. For ready reference, the impugned condition of 100 bedded own hospital enumerated in the order dated 07.06.2022 reads as under:
4. The core question which is to be decided in the present batch of writ petitions is that:
5. Learned counsel appearing for the petitioners institutions while restricting their submissions only to the question framed hereinabove prayed that the condition of 100 bedded own hospital enumerated in the impugned order dated 07.06.2022 may be quashed and as a consequence thereof, the benefits flowing therefrom may be granted to the petitioners Institutions. Learned counsel also submitted that the petitioners Institutions have constructed the requisite infrastructure and all other facilities as per the guidelines of the Indian Nursing Council and have preferred an application for the purpose of granting "No Objection Certificate" from the State Government in accordance with law. It is also asserted that the inspections of some of the institutions have already been done by the Rajasthan Nursing Council and the recommendations have also been made in favour of the institutions as those institutions fulfill the guidelines mandated in the regulations of the Indian Nursing Council (Revised Regulations & Curriculum for B.Sc Nursing Program) Regulations, 2020 (hereinafter referred to as 'the Regulation, 2020').
6. It is also argued that some of the Institutions are in vogue for last many years imparting Nursing education and since they intend to enhance their intake capacity of students, they have applied for increase in the number of seats. Since the procedure for establishment of an Institution and for enhancement of the seats is same, therefore, the same procedure has been followed by the respective institutions.
7. Learned counsel for the petitioners vehemently submitted that despite the Institutions having all the requisite infrastructure in consonance with the norms laid down by the Indian Nursing Council, they are being denied the “No Objection Certificate” by the State Government and the only reason for denial of the “No Objection Certificate” is the condition of 100 bedded own hospital mentioned in the order
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