HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
PUSHPENDRA SINGH BHATI, J.
Saloni Institurte Of Medical Sciences, Through Its Secretary Rakesh Kumar Badala, S/o. Chothmal Badala – Petitioner
Versus
State Of Rajasthan, Through Its Secretary, Medical And Health Department, Government Of Rajasthan and Ors. – Respondents
S.B. Civil Writ Petition No. 15046 Of 2021 With S.B. Civil Writ Petition No. 13683 Of 2022, S.B. Civil Writ Petition No. 17991 Of 2022, S.B. Civil Writ Petition No. 10376 Of 2023
Decided On : 18-10-2023
NOC - B.Sc. Nursing Course - Prevention of Corruption Act, 1988, IPC - 13(1)(d), 13(2), 120-B - The court discussed the NOC pertaining to B.Sc. (N) Course, the Anti Corruption Bureau proceedings, and the legal status of NOC granted by the State, emphasizing the validity and currency of the NOC up to the Session of 2023-24.
Fact of the Case:
The petitioner sought affiliation and permission to undertake B.Sc. Nursing course for various academic sessions, citing previous debarment due to Anti Corruption Bureau proceedings. The court considered the validity of the NOC and the petitioner's compliance with conditions for inclusion in counseling.
Finding of the Court:
The court found that the petitioner had a valid NOC for B.Sc. Nursing course until the academic session 2023-24 and directed the petitioner to deposit the due fee. It also allowed the petitioner to take students for the academic sessions 2019-2023-24 in accordance with the NOC granted by the State.
Issues: Validity of NOC, Compliance with Conditions for Inclusion in Counseling
Ratio Decidendi: The legal status of the NOC granted by the State and the petitioner's compliance with conditions were crucial in reaching the decision.
Final Decision: The court directed the petitioner to deposit the due fee and allowed the petitioner to take students for the academic sessions 2019-2023-24 in accordance with the NOC granted by the State.
ORDER :
1. The writ petitions have been preferred claiming the following reliefs :
In S.B. Civil Writ Petition No. 15046/2021:-
ii. The Respondent authorities may kindly be directed to include the Petitioner institution in the list of institutions eligible and allowed to take admission of students for B.S.C. (N) Course for the academic session 2021-22;
iii. That the Petitioner institution be declared to be entitled to take admission of students for B.Sc. (Nursing) course for the session 2021-22;”
In S.B. Civil Writ Petition No. 13683/2022:-
ii. That the Respondent No. 3 may be directed to upload the details of the admitted students of the Petitioner Institute on its web portal and process the enrollment of students of the Petitioner Institute for academic session 2021-22;
iii. That the Respondents be further directed to permit the students to give examination and declare the results of the same.”
In S.B. Civil Writ Petition No. 17991/2022:-
ii. The Petitioner may be granted affiliation and permitted to undertake B.Sc. Nursing course for the academic session 2022-23 and the name of the Petitioner may be included in all the rounds of counseling;
iii. The Respondent authorities may kindly be directed to include the Petitioner institution in the list of institutions eligible and allowed to take admission of students for B.SC. (N) Course for the academic session 2022-23;
iv. That the Respondent No. 3 may be directed to upload the details of the admitted students of the Petitioner Institute on its web portal and process the enrollment of students of the Petitioner Institute for academic session 2022-23;
V. That the Respondents be further directed to permit the students to give examination and declare the results of the same.”
In S.B. Civil Writ Petition No. 10376/2023 :-
ii. The Respondent authorities may kindly be directed to include the Petitioner institution in the list of institutions eligible and allowed to take admission of students for B.SC. (N) Course for the academic session 2023-24;
iii. That the Respondent No. 3 may be directed to upload the details of the admitted students of the Petitioner Institute on its web portal and process the enrollment of students of the Petitioner Institute for academic session 2023-24;
iv. That the Respondents be further directed to permit the students to give examination and declare the results of the same.”
2. The bone of contention in the present matter is the NOC pertaining to B.Sc. (N) Course, for which, the petitioner-Institution was given by the State in year 2008. In pursuance of the NOC, the petitioner-institution has been running B.Sc. Nursing Course 200910 onwards until 2013-14. Meanwhile an Anti Corruption Bureau proceedings were started against the petitioner-Institution, after lodging the FIR bearing No.165/2015 for the offences under Sections 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 read with Section 120-B of IPC. In pursuance of the Anti Corruption Bureau proceedings, the petitioner-Institution was debarred from granting admission to the students for B.Sc. Nursing Course from the Session 2014-15 onwards, for which, the petitioner-Institution filed a writ petition bearing S.B. Civil Writ Petition No.898/2015 for challenging the communication dated 28.08.2014.
3. This
Compliance with criteria for inclusion in counseling and the need for a reasoned and speaking order in accordance with the law.
The court established that a valid NOC must be honored, and arbitrary denial of affiliation based on provisional claims is legally unsustainable.
The main legal point established in the judgment is the limitation of the Indian Nursing Council's power to recognize nursing institutions and the importance of compliance with standards and coordina....
Non-disclosure of previous dismissal and objectionable conduct of the petitioner-institution led to the dismissal of the writ petition and imposition of a significant cost.
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