JUDGMENT :

1. These writ petitions under Article 226 of the Constitution of India have been preferred claiming, in sum and substance, the following reliefs:

“It is therefore, humbly prayed, that the present petition for writ in the nature of mandamus may kindly be allowed and by an appropriate writ/order or directions:-

(i) The action of the respondent state authorities insisting for seeking NOC for upgradation of the courses of B.Sc. Nursing, P.B. Bsc. Nursing and M.Sc. (N) may kindly be declared illegal and the same may kindly be quashed and set aside.

(ii) the impugned orders dated 18.04.2023 (Annx-14) issued by the respondent State rejecting the representation may also kindly be quashed and set aside.

(iii) The order dated 13.01.2022 (Annex.-9) cancelling the affiliation/recognition of the petitioner for the academic session 2021-22 may kindly be quashed and set aside with all consequential directions

(iv) The students passed out from the petitioner university whose qualification of B.Sc., PB B.Sc and M.Sc. Nursing Courses recognized by the INC under the act of 1947 may kindly be declared eligible and appropriate directions may kindly be issued to register the students in the State Register of respondent no.2 and their degree granted stands to be recognized with all consequential directions;

(v) by an appropriate writ, order or direction, it may be declared that in terms of schedule II of the Act of 2014, the petitioner is not required to sought any no objection certificate from the State Government to run the courses mentioned in schedule II of the Act of 2014.

(vi) Any other appropriate order or direction, which this Hon’ble Court considers just and proper in the facts and circumstances of this case, may kindly be passed in favour of the petitioner;

(vii) Costs of the writ petition may kindly be awarded to the petitioner.”

2. For the sake of brevity, the factual matrix of the case is being taken from the above-numbered S.B. Civil Writ Petition No.7647/2023.

2.1. The petitioner no.1 is a University (Promoted by Tirupati Balaji Educational Trust) established and incorporated under the Pacific Medical University Udaipur Act, 2014; the petitioner no.2 is a Nursing College established in the campus of the petitioner-University. The Nursing Courses is the Undergraduate and Post Graduate Courses, particularly GNM, B.Sc. Nursing and P.B. B.Sc. Nursing.

2.2. The petitioner-University submitted an application for seeking a No Objection Certificate (NOC) from the State Government to conduct the GNM Course, as well as for upgradation of the institution to run the B.Sc. (N) & M.Sc. (N) programmes. The State Government vide its communication dated 17.12.2015 stated that they have no objection, if the Indian Nursing Council (INC) grants such NOC. Thereafter, the petitioner-University submitted the application before the INC, whereupon, the INC got the inspection conducted, and after due verification, granted recognition to the petitioner to run GNM, B.Sc. Nursing as well as M.Sc. Nursing Courses for the academic session 20162017; thereafter, the same continued from time to time, till the academic session 2022-2023.

2.3. The respondent-Rajasthan Nursing Council (RNC) also issued affiliation order with respect to Courses of B.Sc. Nursing, P.B.B.Sc. However, after five years of running the Courses, the Registrar of the RNC vide order dated 13.01.2022 cancelled the affiliation, for three different Courses, of the petitioner-University for the academic session 2021-2022, for lack of grant of NOC by the State Government, for the same.

2.4. The petitioners preferred a writ petition bearing S.B. Civil Writ Petition No.3755/2022 before this Hon’ble Court; wherein vide order 21.03.2022, the operation of the said order dated 13.01.2022 was stayed; thereafter, on 02.02.2023, the writ petition was disposed of with a direction to the petitioners to file a fresh representation before the respondent-State within a period of one week; in the event of the