[2025:RJ-JD:48782]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 17081/2023 Khwaja Garib Nawaz College Of Nursing, Nh-11, Fatehpur Road, Near Sabalpura, Sikar, Rajasthan, Through Its Chairman Shri Khadim Hussain Khatri S/o Shri Mohammed Yasin Khatri, Aged About 62 Years.

----Petitioner Versus

1. State Of Rajasthan, Through Its Principal Secretary, Medical And Health Department, Government Of Rajasthan, Government Secretriat, Jaipur (Rajasthan).

2. Rajasthan Nursing Council, Through Its Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur (Rajasthan).

3. Private Physiotherapy, Nursing And Para Medical Institutions Society, Branch Office Jodhpur Through Its Secretary, Plot No. 273, Subhash Nagar, Pal Road, Jodhpur Rajasthan.

----Respondents For Petitioner(s) : Mr. Ankur Mathur Mr. Harshvardhan Thanvi Ms. Varsh Paliwal For Respondent(s) : Ms. Kanchan Jodha for Mr. N.S. Rajpurohit, AAG Mr. Mahendra Vishnoi Mr. Sangram Singh HON'BLE MR. JUSTICE SUNIL BENIWAL

Order

12/11/2025

1. The present writ petition has been preferred on behalf of the petitioner seeking following relief:

“(i) The record of the case may kindly be called for;

(ii) The order dated 02.08.2022 (Annexure-12) passed by the respondent State Government may kindly be quashed and set aside.

(iii) The respondents may be directed to allow the petitioner institution to admit students in GNM Course from academic session 2023-24 onwards by issuance of NOC.

(iv) The respondents may further be directed to include the name of the petitioner institution in the list of eligible institutions for the purpose of counseling in GNM Course.

(v) The respondent federation/association may be directed to recommend the authorities for enhancement of seats and also be directed to include the petitioner institution in its counseling.

(vi) The respondent may further be directed to accept the annual affiliation/Recognition and other fees of the petitioner institution.”

2. Learned counsel for the petitioner submits that the controversy raised in the present writ petition is identical to the one which was earlier raised in S.B. Civil Writ Petition No.10291/2023 (Shri Shiva Adarsh Sikshan Prashikshan Vs. State of Rajasthan & Ors.) wherein the Co-ordinate Bench of this Court disposed of the writ petition on 05.08.2024.

3. Learned counsel for the petitioner submits that the present writ petition may be disposed of in the same terms as in the case of Shri Shiva Adarsh Sikshan Prashikshan (supra) wherein the following order was passed:

“1. By way of present writ petition, the petitioner has challengedthe order dated 13.10.2022, whereby the petitioner’s application for conducting/establishing GNM nursing course has been turneddown.

2. Mr. Mathur, 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. Learned counsel for the respondent-State is not in a position to dispute the aforesaid position of facts and law.

4. On perusal of the order dated 13.10.2022, this Court finds that only reason given for rejection of petitioner’s application for grant of permission for establishing GNM 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 or