JUDGMENT :

1. Though the above-numbered S.B. Civil Writ Petition No.7608/2023 was reserved, for pronouncement of judgment, vide a separate order, but looking into commonality of the controversy involved in the other instant petitions and the said S.B. Civil Writ Petition No.7608/2023, the same is being decided analogously with the other instant petitions, by the present judgment.

2. These writ petitions have been preferred claiming, in sum and substance, 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 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.”

3. For sake of brevity and convenience, the factual matrix is being taken from the above-numbered S.B. Civil Writ Petition No. 7977/2023, while treating the same as a lead case.

3.1 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.

3.2. 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.

3.3. Aggrieved by such action on the part of the respondents, the petitioner preferred a writ petition bearing S.B. Civil Writ Petition No.16253/2021 before this Hon’ble Court; which was disposed of vide order dated 23.11.2021, with a direction to the respondents to inspect the petitioner-Institution after the requisite formalities are completed by the petitioner, and pass appropriate order, preferably within a period of three from the date of the said order, strictly in accordance with law.

3.4. Thereafter, in compliance of the said order and order issued by the State Government on 10.03.2022, the respondent-Rajasthan Nursing Council (RNC) vide its order dated 15.03.2022 directed the petitioner to deposit the inspection fees for the purpose of conducting the requisite inspection of the petitioner institution.

3.5. The petitioner through its covering letter dated 18.04.2022 deposited the requisite inspection fees with the respondent-RNC, who in turn, vide order dated 13.06.2022, appointed the inspectors for undertaking the required inspection for the purpose of issuance of NOC for