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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE VINIT KUMAR MATHUR, J
SHRI SHIRDI SAI BABA AYURVEDIC COLLEGE AND HOSPITAL – Appellant
Versus
UNION OF INDIA – Respondent
Order :
1. Heard learned counsel for the parties.
2. The present writ petition has been filed with the following prayers:-
“I. The respondent authorities may be directed to issue necessary NOC/Affiliation/Permission for increase of the seats/intake capacity for BAMS course from 50 to 60 in the petitioner-college, in a time bound manner.
II. The respondent authorities may kindly be directed to give permission to the petitioner-college to intake 60 students in BAMS course.”
3. Learned counsel for the petitioner submits that the petitioner has approached the State Government by way of filing an appropriate application for grant of ‘No Objection Certificate’ for increase in seats from 50 to 60 for Bachelor of Ayurvedic Medicine and Surgery (BAMS) course in the petitioner-College and the same is pending consideration with the State Government. Learned counsel further submits that inspection for the said purpose has already been conducted by the functionaries of the State Government. He, therefore, prays that the case of the petitioner for grant of NOC for intake of 60 students may be directed to be decided at the earliest. Learned counsel further prays that if the petitioner gets the NOC for
The court mandated that the State Government must expeditiously consider the petitioner's application for NOC to increase BAMS seats, ensuring compliance with regulatory standards.
The court emphasized that administrative delays should not deprive institutions of rights to participate in ongoing processes when requisite permissions are granted.
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 court allows provisional affiliation application pending NOC decision, emphasizing timely action by the State Government to prevent hardship.
The court emphasizes timely administrative decisions regarding educational institution affiliations, allowing provisional applications while awaiting necessary approvals.
Compliance with the substantial requirements of the No Objection Certificate (NOC) and the obligation to follow regulatory provisions are essential for the establishment of new medical colleges.
The court allows provisional application for affiliation pending NOC decision, emphasizing that no equity will arise if NOC is denied.
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