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2024 Supreme(Online)(RAJ) 31338
HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE VINIT KUMAR MATHUR, J
TIMES COLLEGE OF NURSING – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CW / 17794 / 2022
Mr. B.S. Sandhu, Mr. N.S. Rajpurohit, AAG assisted by Ms. Ruchi Parihar
Arbitrary conditions imposed on educational institutions can be declared illegal if they lack reasonable justification and contradict prior judicial pronouncements.
Headnote:(A) Writ Jurisdiction - The petitioner challenged the order dated 06.10.2022 rejecting the application for establishing a B.Sc. nursing course based on the arbitrary condition of owning a 100-bedded hospital, which was declared illegal by prior judgments. (Paras 1, 2, 4, 5)
(B) Legal Principles - The principle established is that arbitrary conditions imposed on educational institutions can be deemed illegal if they lack reasonable justification and have been previously adjudicated.
(C) Findings of Court - The Court held that the rejection was solely based on the illegal condition and thus quashed the impugned order.
(D) Issues - The main issue was the legality of the requirement for a 100-bedded hospital for establishing the nursing course. (E) Ratio Decidendi - The Court reasoned that the prior judgments affirming the illegality of the condition must be followed, thereby ensuring that the application is considered without such arbitrary requirements. (F) Result - The impugned order dated 06.10.2022 is quashed and set aside.
Order
03/12/2024
1. By way of present writ petition, the petitioner has challenged the order dated 06.10.2022, whereby the petitioner’s application for conducting/establishing B.Sc. nursing course has been turned down.
2. Mr. Sandhu, learned counsel for the petitioner submitted that the Co-ordinate Bench of this Court vide its judgment and order dated 04.11.2022 rendered in a bunch of writ petitions, led by S.B. Civil Writ Petition No.3962/2022 (Mahatma Gandhi B.Sc. Nursing College vs. State of Rajasthan & Ors.) has held that the condition that the institution should have its own hospital of 100 beds is arbitrary. He further submitted that said judgment has been affirmed by the Division Bench of this Court vide judgment dated 01.03.2024 passed in D.B. Spl. Appl. Writ No.11/2023 and, therefore prayed that the order impugned (13.10.2022) be quashed and set aside.
3. Mr. Rajpurohit, learned Additional Advocate General for the respondent is not in a position to dispute the aforesaid position of facts and law.
4. On perusal of the order dated 06.10.2022, this Court finds that only reason given for rejection of petitioner’s application for grant of permission for establishing B.Sc. nursing course, is that the petitioner-institution did not own 100 bedded hospital.
5. Indisputably, said condition has been declared illegal by Co- ordinate Bench in the case of Mahatma Gandhi (Supra), which stood affirmed by the Division Bench of this court.
6. In view of the aforesaid, the present writ petition is allowed, the impugned order dated 06.10.2022 is hereby quashed and set aside.
7. Respondent State (Principal Secretary, Medical and Health Department) or any other competent authority of the State Government is directed to consider petitioner’s application for grant of permission to establish B.Sc. nursing course in accordance with law, as early as possible preferably within a period of eight weeks.
8. Needless to observe that while deciding the petitioner’s application, respondent-State shall not insist upon the condition of having own hospital with 100 beds.
9. Stay application also stands disposed of accordingly.
