JUDGMENT :

1. These writ petitions under Article 226 of the Constitution of India have 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 order dated 09.03.2023 (Annexure-10) may be quashed and set aside.

(iii) The respondent authorities may be directed to include the name of the petitioner institution in the list of eligible institutions for the purpose of counseling and other consequential benefits.

(iv) The students admitted in the petitioner institution may be regularized at par to other students.

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

(vi) 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. For the purpose of the present adjudication, the factual matrix is being taken from the above-numbered WP No.7592/2023.

2.1. The petitioner-Institution is a private Nursing Training Institution established for imparting training in the Subject of Nursing and Midwifery.

2.2. After submission of the application for the purpose of issuance of the No Objection Certificate (NOC), the same was granted to the petitioner-Institution vide certificate 25.01.2010 a No Objection Certificate was issued by the State Government for opening of a new B.Sc. Nursing College with intake capacity of 40 seats. Subsequently, the Indian Nursing Council (INC) as well as the Rajasthan Nursing Council (RNC) granted recognition to the petitioner-Institution for conducting the aforementioned Course.

2.3. However, pursuant to a complaint filed by one Sumit Kumavat, an inspection of the petitioner-Institution was conducted at the behest of respondent no.2 and the inspection report was forwarded to respondent no.1, wherein certain recommendations were made. Thereafter, another team – Screening Committee was constituted by respondent no.2 to examine recommendations of inspector, and after examining the same, certain deficiencies were pointed out in the functioning of the petitioner-Institution.

2.3.1. Based on the observations of the Screening Committee, vide order 09.03.2023, passed by the respondent-State Government, a ban was imposed upon the petitioner-Institution (WP No.7592/2023) in regard to admission of students for B.Sc. Nursing Course; and upon the petitioner-Institution (WP No.7617/2023) in regard to admission of students for G.N.M., B.Sc. Nursing and Post Basic B.Sc. Nursing Courses, till further orders. Aggrieved aggrieved by the impugned action on the part of the respondents, the present petitions have been preferred claiming the following reliefs.

3. Learned counsel for the petitioners submitted that representations were preferred by the petitioners before the Principal Secretary, Medical and Health Department, Government of Rajasthan on 05.05.2023 along with all necessary documentation as proof and compliance of the norms; however the required action was not taken, in pursuance of such representations.

3.1. It was further submitted that the impugned order caused irreparable loss, as the name of the petitioners-Institutions stood removed from the list of eligible institutions for grant of affiliation/recognition for the Courses in question.

3.2. Learned counsel also submitted that the petitioners-Institutions commenced their courses from the year 2010, and thus, the latest norms laid down by the Indian Nursing Council which were formulated in the year 2021, cannot have retrospective effect qua the petitioners-Institution, but are to be applied only to the new institutions, established thereafter.

3.3. It was further submitted that there is no provision in the Indian Nursing Council Act, 1947 empowering the Council to grant permission on year to year basis, and if permission by the Council has been gra