HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
SUNIL BENIWAL
SAGAR COLLEGE OF B.SC. NURSING – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CW / 8788 / 2023
[2025:RJ-JD:47545]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 9744/2023 Aadi Development And Education Society, Udaipur Through Its Secretary Naveen Choudhary S/o Vijendra Chaudhary, Age 37 Years, Resident Of Girdhar Colony, Opp. S.k Soni Hospital, Sikar Road, Murlipura, Jaipur.
----Petitioner Versus
1. State Of Rajasthan, Through Its Principal Secretary, Medical And Health Department, Government Of Rajasthan, Government Secretariat, Jaipur (Rajasthan).
2. The Rajasthan Nursing Council, Jaipur Through Its Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur.
3. The Rajasthan University Of Health Science, Through Its Registrar, Kumbha Marg, Sector-18, Pratap Nagar, Tonk Road, Jaipur.
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 Connected With S.B. Civil Writ Petition No. 8788/2023 Sagar College Of B.sc. Nursing, Udaipur, Through Its Director Dr. Ram Sagar Nagar S/o Shri Mangilal Ji Nagar, Aged About 53 Years R/o Opp. Railway Station, Umarda, Udaipur.
----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, Pratap 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. Harshvardhan Thanvi for Mr. Ankur Mathur Mr. Shreyansh Mardia For Respondent(s) : Ms. Kanchan Jodha for Mr. N.S. Rajpurohit, AAG Mr. Nishant Gaur Mr. Sangram Singh Ms. Akshiti Singhvi Mr. Mohit Singhvi HON'BLE MR. JUSTICE SUNIL BENIWAL
Order
06/11/2025 In S.B. Civil Writ Petition No. 9744/2023
1. The present writ petition has been preferred on behalf of the petitioner seeking following reliefs:-
“i. The petitioner may be permitted to undertake B.Sc.(N) course for the academic session 2023-24 for intake capacity of 40 seats and the name of the petitioner may be included in all the rounds of counseling;
ii. The Respondent authorities may kindly be directed to include the Petitioner institution in the list of institutions eligible and allowed to take admission of students for B.Sc.(N) Course for the academic session 2023-24;
iii. That the Petitioner institution be granted affiliation and declared to be entitled to take admission of students for B.Sc.(N) course for the session 2023-24 for intake capacity of 40 seats.
iv. That the Respondent No.4 Federation may be directed to include the name of the Petitioner’s institute for counseling sessions with the intake capacity of 40 seats for the academic session 2023-24.”
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 are 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.
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