ORDER :

(Pushpendra Singh Bhati, J.)

Learned counsel for the parties submit that the controversy involved in the present petition is no more res-integra, being covered by the decision rendered by this Court in Jaswant Sharma & Ors. v. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.6131/2023) along with other connected matters, decided on 06.06.2023, the operative portion of which is reproduced as hereunder:-

"5. Heard learned counsel for the parties as well as perused the record of the case along with judgments cited at the Bar.

6. This Court observes that the petitioners ran the nursing courses for various academic years till the academic session 2022-23 and the affiliation/recognition for running the Courses in question has been granted by the respondent-INC and the petitioners did not get any NOC from the State Government. Thereafter, the respondent-RNC vide the impugned order 13.01.2022 has cancelled the affiliation of the petitioners on ground that the petitioners have not obtained the requisite No Objection Certificate from the State Government.

7. This Court further observes that aggrieved by the aforesaid order, petitioners preferred the writ petition, which was decided with certain directions, as mentioned hereinabove. Thereafter, the petitioners submitted representations before the State Government, but the same were rejected by the impugned order dated 18.04.2023.

8. This Court further observes that the impugned orders passed by the respondents clearly stated that the petitioners have not obtained the requisite NOC from the State Government, in accordance with Clause 3 of the Guidelines and Minimum Requirements to Establish General Nursing & Midwifery School of Nursing issued by the Indian Nursing Council. The said clause 3 is reproduced as hereunder:

"3. The eligible Establishments/Organizations should obtain Essentiality Certificate/No Objection Certificate from the concerned State Government where the GNM School of Nursing is sought to be established. The particulars of the name of the School/Nursing Institution along with the name of the Trust/Society [as mentioned in the Trust Deed or Memorandum of Association] as also full address shall be mentioned in No Object Certificate/Essentiality Certificate."

9. This Court also observes that the aforesaid criteria was also dealt with in the judgment rendered in the case of The Registrar, Rajasthan Nursing Council (Supra); relevant portion whereof reads as under:

"16. Unfortunately, the regulations were not brought to the notice of the Single Bench. The regulations being statutory have to prevail. It is apparent from Regulation No. 1 that NOC/Essentiality Certificate from State Government is necessary to open a School/College of Nursing Second requirement is to be fulfilled is that permission has to be given by the INC to start the programme of school/college and thereafter, approval from the State Nursing Council is required in case, college has permission and affiliation, NOC for school has also to be obtained as per Regulation 4, student can be admitted only after approval of the State Nursing Council and affiliation by University in case of college, as the case may be.

17. School of Nursing is a different entity than College of Nursing. Even the note appended to the Regulations makes it clear that when School of Nursing wants to be upgraded to College of Nursing, NOC/Essentiality Certificate is not required, with that situation we are not concerned in the matter. It is also not provided in the note that when the B.Sc. level Nursing college wants to start the School of Nursing, NOC from the S