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.

Judgment :

Pushpendra Singh Bhati, J.

1. The instant writ petitions have been filed under Article 226 of the Constitution of India raising common questions of fact and law. Owing to the overlapping issues involved, all four petitions were heard together and are being decided by this common order. The first three writ petitions (CW Nos. 610/2026, 615/2026 & 618/2026) were heard and reserved on 13.01.2026, whereas the fourth writ petition (CW No. 465/2026) was heard subsequently and reserved on 22.01.2026.

2. These writ petitions arise out of a common controversy concerning the participation of newly established nursing colleges in the counselling process for the Academic Session 2025–26.

3. For the present analogous adjudication, this Court considers it appropriate to treat D.B. Civil Writ Petition No. 618/2026 (Maa Jijabai College of Nursing vs. State of Rajasthan & Ors.) as the lead case. Accordingly, the factual matrix, prayer clauses, and submissions of the parties are being noticed with reference to the said lead case.

3.1. The prayer clauses in D.B. Civil Writ Petition No. 618/2026 read as under:

"It is, therefore, respectfully prayed that this writ petition may kindly be allowed and by appropriate writ, order or direction;

i) The Respondent Rajasthan University of Health Sciences may kindly be directed to allot 60 students in Bsc nursing course to the petitioner institution for academic session 2025-26 by conducting another round of counselling or any other mode of admission with all consequential directions

ii) By an appropriate rate order of directions in the alternate and without prejudice to the aforesaid 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) If during the pendency of the litigation, the last date for admission is expired then the same may kindly be extended for a reasonable time;

iv) Any other appropriate writ or order or direction which is favourable to the petitioner institute in the facts and circumstances of the case any may kindly be granted to the petitioner."

4. The factual matrix of the present case in brief is that the petitioner is a newly established nursing institutions which sought permission to commence the B.Sc. Nursing Course with a sanctioned intake for the Academic Session 2025–26. Upon inspection by the competent authorities, the institution was found to be compliant with the prescribed infrastructural, academic and statutory requirements.

4.1. Pursuant thereto, the State Government granted No Objection Certificate (NOC) in favour of the petitioner on 05.12.2025, permitting establishment of the college with the approved intake capacity. Thereafter, the petitioner also obtained the requisite recognition/affiliation on 23.12.2025 from the competent authority, i.e. the Rajasthan Nursing Council, in accordance with the statutory framework gover