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2025 Supreme(Online)(Raj) 14497

HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
SANDEEP SHAH
BHUPESH JOSHI – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CW / 23577 / 2025



[2025:RJ-JD:52746]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 23577/2025

1. Bhupesh Joshi S/o Bhanwar Lal, Aged About 20 Years, R/

o Saalm Nath Ji Ka Dhora, P.o. Gangasahar, District Bikaner, Rajasthan.

2. Momammed Faisal S/o Mohammad Farukh, Aged About

21 Years, R/o Near Hamalo Ki Masjid, Bikaner, Rajasthan.

3. Chirag Boda S/o Ved Prakash Boda, Aged About 18 Years, R/o Idgah Bari Near Hanuaman Mandir, District Bikaner, Rajasthan.

4. Mayak Sewag S/o Omprakash Sewag, Aged About 19 Years, R/o Near Currret Balaji Temple, Marothi Sethia, Rangri Chowk, District Bikaner Rajasthan.

5. Ahsan Khan S/o Usman Khan, Aged About 19 Years, R/o P.o. Rajod, District Nagaur, Rajasthan.

6. Arpita Pandey D/o Mukesh Pandey, Aged About 18 Years, R/o Street No 12, Rampura Basti, Lalgarh, District Bikaner Rajasthan.

7. Nitin Niraneya S/o Jagdish, Aged About 19 Years, R/o Ward No 07, 2 Kld, District Ganganagar, Rajasthan.

8. Atul Purohit S/o Jai Kishan Purohit, Aged About 20 Years, R/o Near Hanuman Mandir, Bangla Nagar, District Bikaner, Rajasthan.

9. Manoj Kumar S/o Krishan Lal, Aged About 20 Years, R/o Ward No 6, Bhawansar, Nohar, District Hanumangarh, Rajasthan.

10. Suman Nayak S/o Babulal, Aged About 24 Years, R/o Gali No 06, Ambedkar Colony, Vallabh Garden, District Bikaner, Rajasthan.

11. Vishesh Mehra S/o Anil Mehra, Aged About 19 Years, R/o Hanuman Hatta, District Bikaner, Rajasthan.

12. Sachin Bishnoi S/o Prhalad Ram, Aged About 19 Years, R/

o Saisar Nokha, District Bikaner, Rajasthan.

13. Bharat S/o Beghraj, Aged About 20 Years, R/o Meeno Ka Mohallam, Ward No 28, Fatehpur, P.o. Fateshpur, Sekhawati, District Sikar.

14. Devansh Bhargav S/o Chaturbhuj Bhargav, Aged About

18 Years, R/o Ward No 18 Bharagav Colony, Napasar, District Bikaner.

----Petitioners Versus

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

2. Joint Secretary (Group-3), Medical And Health Department, Government Of Rajasthan, Government Secretariat, Jaipur (Rajasthan).

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

4. Rajasthan University Of Health And Science, Through Its Registrar, Kumbha Marg, Pratap Nagar, Jaipur, Rajasthan.

5. Bikaner College Of Nursing, Nh-1, Opposite Petrol Pump, Raisar, Jaipur Road, Bikaner, Rajasthan Through Its Registrar.

----Respondents For Petitioner(s) : Mr. Udit Mathur Mr. Harshwardhan Thanvi For Respondent(s) : Mr. Ayush Goyal for respondent-

University Ms. Kanchan Jodha for Mr. N.S. Rajpurohit, AAG HON'BLE MR. JUSTICE SANDEEP SHAH

Order

05/12/2025

1. Learned counsel for the petitioners submits that the institution had filed the writ petition earlier as the NOC was rejected on the ground of the policy of 2022 of the State Government with regard to having own hospital with 100 bed. He further submits that the rejection of NOC order dated 24.08.2022 has been quashed and set aside by this Court in S.B. Civil Writ Petition No.11221/2024 (Bikaner College of Nursing v.

State) vide its order dated 19.07.2024. He further submits that the issue of NOC is pending and since the same was not being granted, the college had again approached this Court by way of filing S.B. Civil Writ Petition No.20816/2024 wherein, by way of interim order dated 16.12.2024, the respondent-State Government was again directed to decide the case of the institution for grant of NOC within 15 days and further a direction was given that in case any round of counseling is held then the petitioner/institution was permitted to participate in the counseling and to be allotted 60 students for B.Sc. Nursing course for the academic session 2024-25. He further refers to the order dated 02.05.2025 passed by this Court in the abovementioned writ petition whereby the writ petition was disposed of in following terms:-

“8. In the considered opinion of this Court, the respondent-State is under an obligation to decide the cas

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