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2024 Supreme(Online)(RAJ) 27015
HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
JUSTICE DINESH MEHTA, J
BALAJI COLLEGE OF NURSING – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CW / 17471 / 2023
Mr. Anil Choudhary and Mr. Yash Rajpurohit for Mr. C.S. Kotwani; Ms. Ruchi Parihar, A.G.C. for Mr. N.S. Rajpurohit, AAG
The condition requiring a 100-bedded hospital for establishing a B.Sc. Nursing course was deemed arbitrary and illegal, mandating reconsideration of the application without this requirement.
Headnote:(A) Writ Jurisdiction - The order dated 06.10.2022 rejecting the application for establishing a B.Sc. Nursing course was challenged - The condition of owning a 100-bedded hospital was declared arbitrary and illegal by a co-ordinate Bench and affirmed by a Division Bench - The court found no valid reason for rejection based on this condition. (Paras 1-5)
(B) Judicial Precedent - The court emphasized that the previous judgments must be followed, and the petitioner’s application should be considered without the arbitrary condition. (Paras 6-8)
Facts of the case:
The petitioner challenged the rejection of their application for a B.Sc. Nursing course based solely on the lack of a 100-bedded hospital, a condition deemed arbitrary by prior judgments.
Findings of Court:
The court allowed the writ petition, quashing the impugned order and directing the State to reconsider the application without the 100-bed condition.
Issues: The main issue was whether the rejection of the application based on the 100-bedded hospital condition was valid.
Ratio Decidendi: The court ruled that the arbitrary condition of owning a 100-bedded hospital was illegal and should not be a basis for rejecting the application.
Result: Writ petition allowed.
Order
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. Choudhary, 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 (06.10.2022) be quashed and set aside.
3. Ms. Ruchi Parihar, Assistant Government counsel 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.
