JUDGMENT :

1. This writ petition has been preferred claiming the following reliefs:

“It is, therefore, respectfully prayed that this writ petition may kindly be allowed and by an appropriate writ, order or direction:-

(i) The record of the case may kindly be called for;

(ii) The respondents may be directed to allow the petitioner institution to admit students in B.Sc. Nursing Course from academic session 2022-23 onwards by issuance of NOC.

(iii) The respondents may further be directed to include the name of the petitioner institution in the list of eligible institutions for the purpose of counseling in B.Sc. Nursing Course with intake capacity of 60 seats for academic session 2022-23 onwards.

(iv) The respondent federation/association may be directed to recommend the petitioner institution to the authorities for include the name of petitioner institution in its counseling.

(v) The respondent University may further be directed to accept the annual affiliation and other fees of the petitioner institution.

(vi) Cost of litigation and damages may also be allowed in favour of the petitioner.

(vii) Any other appropriate writ or order or direction which is favorable to the petitioner in the facts and circumstances of the case may kindly be granted to the petitioner.”

2. Brief facts of the case, as placed before this Court by learned counsel for the petitioner, are that the Deputy Secretary, Medical Department, Government of Rajasthan issued an order dated 12.05.2002, wherein the guidelines were framed for establishment of Nursing Training Schools in the private sector. Prior to establishing such School(s), the institution(s) was required to obtain the No Objection Certificate (NOC) from the State Government. In consonance with such requirement, an application along with fees was submitted by the petitioner-Institution for obtaining the NOC from the State Government for establishment of a new B.SC Nursing College, after duly completing the formalities.

2.1. Thereafter, the petitioner submitted a representation before the respondent-State, requesting that despite completion of all the formalities, no steps were taken for issuance of the requisite NOC. Thereupon, the State Government and Indian Nursing Council (INC) issued the office notes dated 03.11.2020 and 09.12.2020, clarifying that the INC has no power to grant recognition to the Nursing Institution, instead the State Nursing Council/State Government is empowered to do so.

2.2. Aggrieved by such action on the part of the respondents, the petitioner preferred a writ petition bearing S.B. Civil Writ Petition No.7041/2021 before this Hon’ble Court; wherein vide orders dated 26.07.2021 and 12.08.2021, which was disposed of with a direction to the respondents consider the application of the petitioner-Institution to establish a Nursing College for B.Sc. (N) Course.

2.3. Thereafter, in compliance of the said order and order issued by the State Government on 13.09.2021, the respondent-Rajasthan Nursing Council (RNC) vide its order dated 15.09.2021, directed the petitioner to deposit the inspection fees for the purpose of conducting the requisite inspection of the petitioner institution.

2.4. The petitioner deposited the requisite inspection fees to the respondent-RNC for conducting inspection of the petitioner, and submitted a letter dated 15.09.2021 to the respondent-RNC, requesting the authorities to take necessary steps for allowing the petitioner for conducting B.Sc. Nursing Course; whereafter, the inspection was successfully carried out and positive recommendations were made, but despite the same, the respondent-State has not issued any order, so as to enable the petitioner to run B.Sc. Nursing Course.

2.5. Thus, aggrieved by such action on the part of the respondents, the petitioner again preferred a writ petition bearing S.B. Civil Writ Petition No.10673/2022 before this Hon’ble High Court; wherein vide order dated 27.07.2022, as an interim measure, the respondents were directed to