[2025:RJ-JD:48714]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 19242/2023 Nirwan Charitable Trust, (S.n. College Of Nursing), 4 Mi, Suratgarh Road, Dist. Shri Ganganagar, Rajasthan, Through Its Representative Dr. Nemi Chand Jat S/o Shri Shimbhu Singh Jat, Aged About 38 Years.

----Petitioner Versus

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

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

3. Rajasthan University Of Health And Science, Through Its Registrar, Kumbha Marg, Partap Nagar, Jaipur, Rajasthan.

4. 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. Varsha Paliwal For Respondent(s) : Ms. Kanchan Jodha for Mr. N.S. Rajpurohit, AAG Mr. Mahendra Vishnoi 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 reliefs:

“(i) the writ petition filed by the petitioner may kindly be allowed;

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

(iii) That direction may kindly be granted to the respondent authorities for continuance of NOC of the petitioner institution for undertaking B.Sc. Nursing Course with intake capacity of

100 seats.

(iv) It may kindly be declared that the petitioner institution is entitled to take admission of students for B.Sc. Nursing Course for the academic session 2023-24 onwards with intake capacity of 100 seats.

(v) The respondents may kindly be directed to include petitioner in the list of institutions with intake capacity of 100 seats and allowed to take admission of students for B.Sc. Nursing Course for the session 2023-24 onwards.

(vi) 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 with intake capacity of 100 seats.

(vii) The respondent University may further be directed to accept the annual affiliation fees and other fees for enhanced intake capacity of seats.”

2. Learned counsel for the petitioner submits that the controversy raised in the present writ petition is similar to the one decided by a Coordinate Bench of this Court in S.B. Civil Writ Petition No.15468/2022 (Jiet College of Nursing vs. State of Rajasthan and Ors.), decided on 17.11.2023. The relevant paras of the order is reproduced herein below:

“2. Learned counsel for the petitioners, at the outset submits that vide order dated 24.11.2022, the State Government has already granted permission/NOC for 60 seats to the petitioners for B.Sc. Nursing Course.

3. Learned counsel for the respondents admit the aforesaidf acts that the petitioners are having a valid NOC from the State Government and the NOC for 60 seats for admission into B.Sc. Nursing Course.

4. Since all the respondents are aggreable to the proposition as far as the present petitioners meeting all criteria for B.Sc Nursing Course, thus, there is no dispute pertaining to the eligibility of theinstitution and students to continue with the course.

5. In light of the aforesaid joint statement made by learned counsel for the parties, the present writ petition is allowed and the present petitioner-Institution and the students will be accordingly allowed to continue with the B.Sc. Nursing Course and all benefits accruing in law shall be available to the students as well as the institution including enrollment, declaration of result, appearing in revaluations examinations and registration upon payment of fee.

6. All pending applications, if any, stand disposed of.

7. It is made clear that the petitioners are under an obligation to pay all admissible dues to the University.”

3. Learned