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PUSHPENDRA SINGH BHATI, MUNNURI LAXMAN
State Of Rajasthan – Appellant
Versus
Private Physiotherapy, Nursing And Paramedical Institution Society, Through Its Secretary Dilip Tiwari, – Respondent
JUDGMENT :
(Pushpendra Singh Bhati, J.) :
1. Since all the instant petitions involve a common controversy though with marginal variation in the contextual facts, therefore, for the purposes of the present analogous adjudication, the facts and the prayer clauses are being taken from the above-numbered D.B. Special Appeal No.11/2023, while treating the same as a lead case; rival submissions of the parties and the observations of the Court, in the present judgment, would also be based, particularly, on the factual matrix of the lead case.
2. The prayer clauses read as under:-
Any other order, which this Hon’ble Court deems fit and proper in the facts and circumstances of the case, may kindly be passed in favour of appellants.”
3. As the pleaded facts would reveal, the Union Legislature had enacted the Indian Nursing Council Act, 1947 with t
The State cannot impose conditions that conflict with Central legislation regarding the establishment and regulation of nursing institutions, as this undermines the uniform standards mandated by the ....
The main legal principle established in the judgment is that the State Government cannot impose additional conditions for grant of 'No Objection Certificate' that are in conflict with the regulations....
The State lacks competence to impose a ban on NOCs for educational institutes via executive order, which violates fundamental rights under Articles 14 and 19(1)(g) of the Constitution.
Existing educational institutions cannot be prohibited from expanding courses or intake without prior functional regulations by the State Council, as per Section 40 of the Act.
Educational institutions can continue to operate and expand programs in the absence of established regulatory frameworks under relevant legislation until such regulations are in place.
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