IMPORTANT POINT
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 Indian Nursing Council.

ORDER :

1. Learned counsel for the parties jointly submit that the controversy involved in the present appeals is squarely covered by the judgment rendered by this Court in the matter of State of Rajasthan Vs. Private Physiotherapy, Nursing and Paramedical Institution Society (D.B. Special Appeal Writ No. 11/2023), decided on 01.03.2024 along with other connected matters. They submit that the present appeals may be disposed of in light of Private Physiotherapy, Nursing and Paramedical Institution Society (supra); the operative portion of order dated 01.03.2024 reads as under:

“7. Heard learned counsel of the parties as well as perused the record of the case alongwith the judgment cited at the Bar.

8. This Court observes that for establishing new nursing institution or enhancement of the seats in the existing nursing institutions, the concerned organization is required to obtain an NOC from the State/State Body i.e. Rajasthan Nursing Council. The appellant-State issued the policy dated 07.06.2022 imposing a condition of 100 bedded own hospital for the purpose in question, which is a clear contravention of the Regulations of 2020 enacted by the Central Legislature.

9. This Court further observes that the condition of 100 bedded own hospital provided under the policy dated 07.06.2022 was challenged before the learned Single Judge of this Hon’ble Court, and the learned Single Judge vide the impugned order quashed the said condition.

9.1. This Court also observes that the learned Single Judge in the impugned order framed a question for adjudication, which is reproduced as hereunder:

“Whether the State Government can impose a condition of having 100 bedded own hospital to get “No Objection Certificate” for establishment of the Nursing Colleges/enhancement of the seats in such Colleges?”

10. This Court further observes that the condition of 100 bedded own hospital in policy dated 07.06.2022 is reproduced hereunder:

[HINDI IMAGE]

11. This Court also observes that the condition of 100 bedded parent/own hospital as provided under the Regulations of 2020 enacted by the Central Body i.e. Indian Nursing Council, reads as under:

“1. Parent Hospital (Unitary/Single Hospital) College of Nursing should have 100 bedded parent/own hospital which is compulsory requirement. Parent Hospital for a nursing institution having the same Trust/Society/Company which has established the nursing institution and has also established the hospital.

OR

For a nursing institution (managed by Trust/Society/Company under Section 8), a ‘Parent Hospital’ would be a hospital either owned and controlled by the Trust/Society/Company or managed and controlled by a trustee/member/director of the Trust/Society/Company. In case the owner of the hospital is a trustee/member/director of the Trust/Society/Company, then the hospital would continue to function as a ‘Parent Hospital’ till the life of the nursing institution.

The undertaking would also be to the effect that the trustee/member/director of the Trust/Society/Company would not allow the hospital to be treated ‘Parent/Affiliated Hospital/ to any other nursing institution and will be for minimum 30 years (i.e. signed by all trustees/members/directors of Trust/ Society/Company) to the Undertaking to be submitted from the trustee/member/director of the Trust/Society/Company.

The beds of Parent hospital shall be in one Unitary Hospital i.e. in same building/same campus. Further, the Parent Hospital shall be in the same State i.e. where the institution is located.

(a) It is to be noted that once a particular hospital is shown as “Parent Hospital” and permission given to the nursing institution to conduct nursing courses, then, the permission/suitability granted would last as long as the said hospital is attached as a “Parent Hospital.”

(b) In case the trustee/member/director of the Trust/Society/Company withdraws the Undertaking given, in that case even the permission/suitability letter issued would be deemed to have lapsed/stand withdrawn