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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
PUSHPENDRA SINGH BHATI, BIPIN GUPTA
Fortune Foundation, through its Authorized Signatory Jitendra Audichya, s/o. Shri Chhagan Lal Audichya – Appellant
Versus
State Of Rajasthan, Through Its Principal Secretary, Medical And Health Department – Respondent
JUDGMENT :
Pushpendra Singh Bhati, J.
1. The instant writ petition has been filed under Article 226 of the Constitution of India, arising out of a controversy concerning the participation of a newly established nursing college in the counselling process for the Academic Session 2025–26.
1.1. The prayer clauses read as under:
"It is, therefore, humbly prayed that this Hon'ble Court may kindly be pleased to allow the writ petition and: -
i) by an appropriate, writ, order or direction, the respondent Rajasthan University of Health Sciences (RUHS) may kindly be directed to allot 200 students in B.Sc. Nursing course to the petitioner for academic session 2025-26 by conducting counseling with all consequential directions;
ii) by an appropriate, writ, order or direction, in the alternative and without prejudice to the above, the petitioner may kindly be permitted to admit the students in B.Sc. nursing Course as per the requisite statutory qualifying criteria at its own level;
iii) by an appropriate writ, order or direction, if during the pendency of the present writ petition, the last date for admission is expired then the same may kindly be extended for a reasonable time;
iv) Any other appropria
The right to establish a nursing institution does not guarantee student allotment after the statutory admissions process has concluded, emphasizing strict adherence to timelines for counseling.
The right to establish a nursing institution does not equate to entitlement for student allotment once admissions under the regulatory framework have concluded.
The court held that there is no vested right to an extension of admission cut-off dates and emphasized the importance of maintaining set deadlines to avoid disruption in academic schedules.
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 authority to grant recognition for nursing programs lies with State Council while compliance with Indian Nursing Council regulations is mandatory.
The court emphasized that administrative delays should not deprive institutions of rights to participate in ongoing processes when requisite permissions are granted.
The court underscored the importance of adhering to established admission timelines for professional courses, rejecting claims of arbitrary actions by regulatory authorities in the absence of timely ....
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