The central legal point established in the judgment is the necessity of NOC for running nursing institutions and the relevance of exemptions for upgradation of School of Nursing, as well as the importance of considering all relevant aspects before reaching a decision.

ORDER :

1. These appeals are directed against the judgment dated 6.6.2023 passed by the learned Single Judge in SBCWP No. 7647/2023 and 7893/2023, respectively, whereby, the learned Single Judge did not find the matters fit so as to grant any relief to the petitioners.

2. The writ petitions were filed aggrieved of the order dated 18.4.2023 passed in the case of Pacific Medical University and 15.5.2023 passed in the case of Sai Tirupati University rejecting their representations made pursuant to the order passed in SBCWP No. 3755/2022 & 2866/2022 dated 2.2.2023 filed by the appellants, respectively. The previous writ petitions, SBCWP No. 3755/2023 & 2688/2022, were filed aggrieved of the orders dated 13.1.2022 cancelling the affiliation/recognition of the college for the academic sessions 2021-22 and seeking a direction to permit registration to the students of petitioner colleges for B.Sc. (Nursing), P.B.B.Sc. (Nursing), M.Sc. (Nursing) courses. The orders dated 13.1.2022 were passed by the Rajasthan Nursing Council, Jaipur, whereby, the provisional affiliation granted to the Nursing Colleges for running the courses on 28.12.2021/29.12.2021, on account of lack of NOC from the State Government, were cancelled.

3. It appears from the record of writ petition that when the Writ Petition No. 7647/2023 came up before the learned Single Judge on 26/5/2023 the matter was ordered to be listed on 30.5.2023 after showing the name of counsel representing the respondents in the cause list. On 30.5.2023, the matter was ordered to be listed along with CW No. 7893/2023. On 1.6.2023, after hearing the parties, the judgment was reserved and on 6.6.2023 the judgment was pronounced and writ petitions were dismissed.

4. The learned Single Judge after hearing the parties came to the conclusion that the issuance of NOC for the courses in question is necessary for running the nursing institutions and as the petitioners institutions were being run without any NOC from the State Government, the Rajasthan Nursing Council cancelled the affiliation/recognition on that count and consequently did not find matters fit so as to grant relief to the petitioners.

5. Learned counsel for the appellants made vehement submissions that the learned Single Judge did not deal with the matter in right perspective inasmuch as the challenge laid by the petitioner institutions was that the NOC of the State Government either was available with the petitioners or the same was not required at all.

6. Further submissions were made that the representation made by the petitioner institutions had raised all the said aspects, however, while rejecting the representation, none of the aspects were touched and with respect to wholly inapplicable guidelines, which pertained to GNM School of Nursing, whereas, the appellants’ case pertain to GNM College of Nursing, the representation was rejected. Further, the learned Single Judge without even requiring the respondents to respond to the writ petition, on assumption that the NOC was required with reference to wholly inapplicable judgment, has dismissed the writ petitions, which is not justified.

7. It was emphasized that the courses in question, based on the requisite NOCs and affiliation granted, were being issued by the Rajasthan Nursing Council every year since the year 2016 and suddenly without affording any opportunity it has had dawned on the Nursing Council that the requisite NOC was not available and without providing any opportunity of hearing the affiliation granted for the year 2021-22 came to be cancelled.

8. Further plea was also raised that in view of the law laid down by Hon’ble Supreme Court in B.L. Asawa vs. State of Rajasthan, (1982) 2 SCC 55, the appellants institutions being Universities established by law, even otherwise such NOC was not required.

9. Submissions were made that it was the specific case of the appellants that they were in possession of NOC granted by the State Government for opening GNM School of Nursing and qua