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PUSHPENDRA SINGH BHATI
Abhay Singh – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. need for noc from state government for nursing institutions (Para 6 , 10 , 11) |
| 2. guidelines for starting nursing courses vs statutory requirements (Para 7) |
| 3. judicial independence in decisions regarding noc (Para 8 , 12) |
| 4. statutory regulations prevail over institutional guidelines (Para 9) |
| 5. dismissing the writ petition consistent with prior judgment (Para 13) |
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:-
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 f
Point of Law : Regulation 22(iii) clearly indicates the first stage of grant of recognition and prescribes that the eligible establishments/organizations are required to obtain Essentiality Certifica....
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....
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 impor....
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....
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