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DINESH MEHTA
Saloni Institute of Medical Sciences – Appellant
Versus
Rajasthan University of Health Science, through its Registrar – Respondent
ORDER :
Dinesh Mehta, J.
1. The case in hands is a classic example of harassment meted out to the petitioner-institution by the respondents for none of its fault.
2. The facts narrated briefly are that the petitioner – Saloni Institute of Medical Sciences (hereinafter referred to as ‘the petitioner - institution’) was having No Objection Certificate (for short ‘NOC’) for the purpose of starting B.Sc. Nursing Course, issued by the Rajasthan University of Health Science (hereinafter referred to as ‘the RUHS’) and by the State Government.
3. On account of an inspection conducted by the Anti Corruption Bureau, a ban was imposed by the State Government by order dated 28.08.2014 and accordingly the petitioner was directed not to give admission to the students.
4. In due course of time, the Anti Corruption Bureau filed negative Final Report, whereafter, the petitioner preferred a writ petition before this Court (being S.B. Civil Writ Petition No. 898/2015), wherein an interim order was passed by co-ordinate Bench of this Court on 20.01.2015 and a direction was issued to the respondent - RUHS to enroll the students of the petitioner provisionally.
5. Petitioner’s aforesaid writ petition was subs
The court established that a valid NOC must be honored, and arbitrary denial of affiliation based on provisional claims is legally unsustainable.
The court emphasizes timely administrative decisions regarding educational institution affiliations, allowing provisional applications while awaiting necessary approvals.
The court allows provisional application for affiliation pending NOC decision, emphasizing that no equity will arise if NOC is denied.
The court allows provisional affiliation application pending NOC decision, emphasizing timely action by the State Government to prevent hardship.
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....
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