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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
SANDEEP SHAH
Gandhi Udhyog Shikshak Prashikshan Sansthan Samiti – Appellant
Versus
Union of India, through the Secretary, New Delhi – Respondent
ORDER :
1. This Court vide order dated 24.11.2025 had issued notice to the respondents and looking to the urgency, permitted the petitioners to supply the additional copy to learned counsel regularly appearing for the respondents. The matter was fixed for today, as it was stated that the allocation of seats in the stray vacancy round of counselling was scheduled uptill 28.11.2025.
2. Mr. Sunil Joshi, learned counsel puts in appearance for respondent no.2, who is the main contesting party in the case in hand and prays for some time to file reply.
3. Learned counsel for the petitioners pleads urgency considering the fact that the petition would be rendered infructuous in case the students, as prayed for are not allowed to pursue the course as the counselling for the stray vacancy round is to be scheduled uptill 28.11.2025.
4. Heard the matter on merit.
5. Learned counsel for the petitioners asserts that the petitioner-institution was issued the NOC by the State Government vide order dated 15.06.2009 for intake of 50 students for BAMS course. He further refers to the affiliation issued by the Rajasthan Ayurvedic University on 30.05.2009, which was initially for 40 seats, however, subsequen
The court emphasized that administrative delays should not deprive institutions of rights to participate in ongoing processes when requisite permissions are granted.
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.
Court reaffirmed the necessity of timely processing applications for educational seat enhancements, emphasizing adherence to statutory timelines under the National Medical Commission Act.
The right to establish an educational institution does not guarantee inclusion in student allotment if statutory approvals were received post counselling conclusion, highlighting the necessity of adh....
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 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 emphasized timely decisions on appeals related to educational institutions to prevent undue harm to applicant interests.
Enhancement of medical college seats must be evaluated based on current infrastructure and faculty, not solely on past deficiencies or penalties.
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