JUDGMENT :

1. This writ petition under Article 226 of the Constitution of India 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 further be directed to include the name of the petitioner institution in the list of eligible institutions for the purpose of counselling in B.Sc. Nursing Course for academic session 2022-23 onwards.

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

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

(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. As per the pleaded facts, the petitioner-College was established with an object to run B.Sc. Nursing Course, which is governed by the provisions of the Indian Nursing Council Act, 1947 (hereinafter referred to as ‘Act of 1947’). For establishment of Nursing School in the private sector, the College/Institution concerned is required to obtain No Objection Certificate (NOC) from the State Government; accordingly, the petitioner-College herein submitted an application along with the requisite fees for getting the necessary NOC for establishment of B.Sc. Nursing Institute on 29.01.2010.

2.1. Thereafter, requisite inspection fees was deposited with the respondent-Rajasthan Nursing Council and was requested to inspect the petitioner-Institution for running the nursing course. Furthermore, by an order dated 06.12.2019 passed by the Medical & Health Department of the State, a ban imposed on issuance of NOC for establishment of new nursing institutions, was ordered to be removed. However despite the same, the concerned authorities did not consider the candidature of the petitioner-Institution for grant of the requisite NOC.

2.2. Subsequently, the respondent authorities vide the office notes dated 15.10.2020, 03.11.2020 and 09.12.2020 clarified that the Indian Nursing Council (INC) had no power to grant recognition to Nursing Institution. For academic session 20202021, a list of eligible institutions was issued for the admission process in the B.Sc. Nursing Course, however, name of the petitioner-College was not mentioned therein, as the necessary inspection had not been conducted by the concerned authorities. Thereafter, the petitioner-College approached this Hon’ble Court by filing S.B. Civil Writ Petition no.5173/2022, wherein directions were issued to inspect the College; subsequent to this, the inspectors appointed by the Rajasthan Nursing Council (RNC) carried out the inspection and a positive recommendation was forwarded to the respondent authorities vide the report dated 15.10.2022. However, the NOC was still not issued.

2.3. Yet again, the petitioner-College approached the respondent-State for grant of NOC, however its candidature was not considered for the academic session 2022-23. Thus, another writ petition no.19356/2022 was filed whereupon the petitioner-College was provisionally allowed in counselling for the B.Sc. Nursing Course for academic session 2022-23 vide order dated 02.02.2023 passed by a Coordinate Bench of this Hon’ble Court, and finally vide order dated 27.04.2023, while disposing of the said writ petition, certain directions were issued. Relevant portion of the said order dated 27.04.2023 is reproduced as hereunder:

“13. In view of the above submissions, this Court while adjudicating category No.1 out of the broader propositions jointly framed by learned counsel for the parties; allowing the present writ pet