[2025:RJ-JD:47691]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 6093/2021 Upchar College Of Nursing, 115, Tagore Path, Sector-11, Mansarovar, Jaipur, Rajasthan, Through Its Principal Shree Sunil Kumar Sharma S/o Shree Kailash Chandra Sharma, Aged About

45 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. Rajasthan Private Nursing Schools & College Federation through its Chairman, 357, Laxmi Nagar, Paota B Road, Jodhpur, Rajasthan.

----Respondents For Petitioner(s) : Mr. Harshvardhan Thanvi for Mr. Ankur Mathur For Respondent(s) : Mr. Nishant Gaur for Mr. N.S. Rajpurohit, AAG Mr. Mahendra Vishnoi for R-2 HON'BLE MS. JUSTICE REKHA BORANA

Order

06/11/2025

1. Learned counsel for the petitioner submits that the controversy in question rests covered by the judgment passed by a Co-ordinate Bench of this Court in S.B. Civil Writ Petition No.1295/2023; Nirwan Charitable Trust Vs. State of Rajasthan & Ors. and other connected matters (decided on

03.11.2023). Counsel submits that similar order be passed in the present petition too.

2. Learned counsel for the respondent-State as well as counsel for respondent No.2-RNC do not refute the above submission and agree that the present issue would be covered by the said judgment.

3. In the case of Nirwan Charitable Trust (supra), it was observed and held as under:

“1. Learned counsel for the respondents fairly submits that the controversy in question is covered by the judgment rendered by this Court in Bansal Nursing Charitable Trust Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.11450/2016), alongwith other connected matters decided on 09.10.2023. The operative portion of the judgment reads as under :- “6. Heard learned counsel for the parties as well as perused the record of the case.

7. This Court observes that the petitioners-

institutions applied for the NOC before the State Government and the same was granted by the State Government with intake capacity of 50 seats on 30.01.2007. In pursuance of issuance of such NOC, the petitioners-institutions applied before the respondent- INC for grant of recognition for the course in question; whereafter, the respondent- INC sought NOC from the respondent-RUHS, and thereupon, the respondent- RUHS conveyed its no objection to the respondent-INC, in the event of grant of permission by the respondent- INC to the petitioners-institutions to run the Course in question. Thereafter, the respondent-INC, vide order dated 18.08.2008, granted permission to the petitioners-institutions for conducting the Course in question with intake capacity of 30 seats, which was continued with the same intake capacity for the subsequent years as well.

8. This Court further observes that in Special Appeal (D.B.S.A.W. No. 508/2018-Indian Nursing Council Vs Kamaksha & Ors.), a Division Bench of this Hon’ble Court vide order dated 02.09.2019 observed that the respondent-INC does not have power to recognize the nursing institutions, but has ample powers to conduct the necessary inspection of the institution(s)

concerned. Relevant portion of the said order is reproduced as hereunder:-

“It is, therefore, clear from the above provisions that the Central Council acting through the Executive Committee has ample powers to inspect recognized institutions, colleges etc. which are recognized by the State Council. This is in furtherance to the Union’s powers of coordination and determination of standards under Entry No. 66 of the List-1 of the VII Schedule to the Constitution of India. Being primarily, a standard setting and coordinating body, the Council is empowered with consequential power to ensure comp