IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Vinit Kumar Mathur, J.
Krishna College Of Nursing & Ors. – Appellant
Versus
State of Rajasthan & Ors. – Respondent
S.B. Civil Writ Petition No. 16991, 17118, 17515, 18345, 18405, 18444, 18536, 19215 of 2022
Decided On : 19-01-2023
No Objection Certificate - Nursing Education - The court directed the State Government to issue the 'No Objection Certificate' to the petitioners' colleges for new courses/enhancement of seats within seven days, as the institutions had filed applications in accordance with the law, positive recommendations were made, and no infirmity was found by the Screening Committee.
Fact of the Case:
The petitioners, colleges imparting Nursing Education, filed applications for 'No Objection Certificate' for new courses/enhancement of seats. The State Government had not issued the certificate despite positive recommendations and no infirmity found by the Screening Committee.
Finding of the Court:
The court directed the State Government to issue the 'No Objection Certificate' to the petitioners' colleges within seven days, as the institutions had fulfilled the necessary criteria and no infirmity was found.
Issues: Delay in issuing 'No Objection Certificate' by the State Government despite positive recommendations and no infirmity found in the institutions.
Ratio Decidendi: The State Government is directed to issue the 'No Objection Certificate' to the petitioners' colleges for new courses/enhancement of seats within seven days, as the institutions had fulfilled the necessary criteria and no infirmity was found.
Final Decision: The court directed the State Government to issue the 'No Objection Certificate' to the petitioners' colleges within seven days and stated that the cases of the petitioners will be considered for counseling on fulfillment of the requisite conditions and procedure.
JUDGMENT
Vinit Kumar Mathur, J. - Since common questions are involved in these writ petitions, therefore, they are being heard and disposed of by this common order.
Heard learned counsel for the parties.
2. Learned counsel for the petitioners submit that the petitioners are the colleges imparting Nursing Education by running a course titled BSc. Nursing/GNM. The petitioners have preferred an application for grant of ’No Objection Certificate’ for new courses/enhancement of the number of seats.
3. Learned counsel submit that after filing of the application, the respective Institutions have been inspected by the Expert Bodies and their recommendations clearly show that the respective institutions are meeting the criteria laid down. They further submit that the matter was placed before the Screening Committee and the Screening Committee has also not found any infirmity and the recommendations of the Inspectors appointed by the State were not differed by them.
4. In these circumstances, learned counsel submit that merely the State Government is sitting tight over the issue and not issuing the ’No Objection Certificate’, therefore, they pray that the writ petitions may kindly be allowed and the respondents State may be directed to issue the ’No Objection Certificate’ at the earliest.
5. Learned counsel for the State is not in a position to refute the submissions made by learned counsel for the petitioners. She, however, submits that the matter is pending consideration before the Committee for the purpose of issuing ’No Objection Certificate’ and the same will be issued shortly.
6. I have considered the submissions made at the Bar and gone through the relevant record of the case.
7. Since the petitioners-Institutions have filed the applications in accordance with law and the inspections have been conducted and in furtherance thereof, positive recommendations have been made and the Screening Committee has also examined the matter and no infirmity has been pointed out in the Institutions, therefore, in these circumstances, the State Government is directed to issue the ’No Objection Certificate’ to the respective petitioners’ colleges at the earliest preferably within a period of seven days from the date of receipt of certified copy of this order.
8. It is also made clear that the cases of the petitioners will be considered for the counselling on fulfillment of the requisite conditions and procedure by the petitioners.
9. The writ petitions are, accordingly, disposed of in the above terms.
The court emphasized the obligation of the State Government to issue the 'No Objection Certificate' to the petitioners' colleges within a specified timeframe when the institutions had fulfilled the n....
The court directed the State to decide the pending application for a 'No Objection Certificate' within six weeks, ensuring benefits to students until the decision is made.
Suitability certificate from national nursing council, though not mandatorily prior under guidelines, is binding if stipulated in state approvals and institution applies without challenge.
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