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VINIT KUMAR MATHUR
Mahatma Gandhi B. sc. Nursing College, Through Its Director Shri Dalu Ram S/o Shri Hadu Ram – Appellant
Versus
State of Rajasthan – Respondent
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
The main legal principle established in the judgment is that the State Government cannot impose additional conditions for grant of 'No Objection Certificate' that are in conflict with the regulations....
The main legal point established in the judgment is the power of the Central Legislature to determine standards in nursing education, the duty of both Union and State Governments to maintain high sta....
The State cannot impose conditions that conflict with Central legislation regarding the establishment and regulation of nursing institutions, as this undermines the uniform standards mandated by the ....
Point of Law : Regulation 22(iii) clearly indicates the first stage of grant of recognition and prescribes that the eligible establishments/organizations are required to obtain Essentiality Certifica....
The authority to grant recognition for nursing programs lies with State Council while compliance with Indian Nursing Council regulations is mandatory.
The main legal point established in the judgment is the limitation of the Indian Nursing Council's power to recognize nursing institutions and the importance of compliance with standards and coordina....
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