HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 702/2026 Shree Vijay Jan Kalyan Sansthan Dhorimanna, (M R College Of Nursing), Guneshiyon Ki Dhani, Krishi Mandi Road, Dhorimanna, Barmer, Rajasthan, Through Its Secretary Leela Choudhary, W/o Kan Singh Choudhary, Age 42 Years, R/o Hirkan Ka Than, Mithda Khurd, Barmer, Rajasthan.

----Petitioner Versus

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

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

3. Marwar Medical University, Jodhpur, Dr. S.n. Medical College Campus, Jodhpur, Rajasthan.

4. The Rajasthan University Of Health Science, Through Its Registrar, Kumbha Marg, Sector-18, Pratap Nagar, Tonk Road, Jaipur.

----Respondents For Petitioner(s) : Mr. Shreyansh Mardia For Respondent(s) : Mr. N. S. Rajpurohit, AAG HON'BLE MR. JUSTICE SANJEET PUROHIT

Order

10/02/2026

1. The present writ petition has been filed with following prayers :

"i. The respondent no.3 may kindly be directed to grant provisional affiliation to the petitioner institute for the academic session 2026-27.

ii. The respondent no.4 may be directed to include the name of the Petitioner institute in all rounds of counselling.

iii. The respondent no.1 may kindly be directed to issue No Objection Certificate in favour of the petitioner institution for establishment of B.Sc. (N) college.

iv. The petitioner may be permitted to impart education in B.Sc. (N) course.

v. Any other appropriate writ or order or direction which is favourable to the petitioner in the facts and circumstances of the case may kindly be granted to the petitioner.

vi. Letter dated 28.11.2025 (Annex.11) may be quashed and set aside."

2. Learned counsel for the petitioner states that in pursuance of the guidelines dated 15.10.2024, the petitioner-Institution applied for grant of No Objection Certificate (NOC) to establish Nursing and GNM Colleges for imparting education for B.Sc. Nursing Course.

3. Learned counsel also states that although the petitioner- Institution is having the required infrastructure for running the said College, however, issue for grant of NOC has not been decided by the respondent-authorities without any justified reasons.

4. Learned counsel for the petitioner also stated that as a part of process for grant of NOC, a team of Inspectors, constituted vide order dated 27.05.2025, had undertaken the inspection of petitioner-Institution on 28.05.2025. Later on, petitioner has received copy of inspection report, as annexed along with reply filed by respondents in another writ petition i.e. SB Civil Writ Petition No.20670/2025.

5. While drawing attention of this Court to the inspection report (Annex.6), learned counsel for the petitioner submits that inspection team has found that adequate infrastructure and other required and necessary documents such as valid Fire NOC, Biomedical Waste Disposal Certificates and Clinical Establishment Registration Certificates etc. were duly available with the petitioner-Institution.

6. Learned counsel argues that inspite of receiving the said inspection report dated 28.05.2025, the respondents have not granted NOC to the petitioner-Institution.

7. Surprisingly, the respondent No.1 vide its communication dated 28.11.2025 has informed the petitioner that validity of Fire NOC, Biomedical Waste Disposal Certificates and Clinical Establishment Registration of the parent hospital of the petitioner- Institution has already expired and thus, directed the petitioner to submit renewed NOC/Certificates.

8. Learned counsel contended that at the time of inspection, valid Fire NOC, Biomedical Waste Disposal Certificates and Clinical Establishment Registration Certificates were supplied to the inspection team, however, just due to delay in consideration of petitioner's application for NOC, during the intervening period, the validity of said NOC/