HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 14429/2025 Nimt College Of Nursing, 1-4, Indira Gandhi Nagar, Bagrana, Post Kanota, Agra Road, Jaipur Through Its President Dr. Rameshwar Dayal Sharma S/o Shri Krishna Gopal Sharma, Age

69 Years, R/o Plot No. B-137, Sethi Colony, Jaipur.

----Petitioner Versus

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

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 For Petitioner(s) : Mr. Shreyansh Mardia For Respondent(s) : Mr. Narendra Singh Rajpurohit, AAG Mr. Mahendra Bishnoi HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

11/08/2025

1. Learned counsel for the petitioner submitted that the petitioner-institution has not been granted requisite No Objection Certificate (NOC) by the State Government even after positive inspection report passed by the Rajasthan Nursing Council which has already been scrutinized by the Scrutiny Committee of the Rajasthan Nursing Council. Learned counsel further submitted that petitioner-institution is running requisite courses from the preceding years and therefore, now he cannot be deprived from giving admissions to the students due to inaction/omission on the part of the State Government in issuing the NOC.

2. Per contra, Mr. Narendra Singh Rajpurohit, learned AAG submitted that the issue with regard to the grant of NOC is pending consideration with the State Government. He further submitted that in some of the cases, NOC could not be issued in favour of the institution as the institute is not fulfilling the Condition No. 8(i) of the guideline dated 15.10.2024 issued by the Department of Medical and Health Sciences (Group-III), Government of Rajasthan.

3. Learned AAG further submitted that he may be granted 10 days’ time to file the reply in the writ petition. However, upon being questioned by this Court, learned AAG was not in a position to refute the fact that in the petitioner-institution students have given admissions in last academic session (B.Sc./GNM) pursuant to the interim order passed by the co-ordinate Bench of this Court. He was also not in a position to refute the fact that due inspection of the petitioner-institution has already been conducted by the Rajasthan Nursing Council.

4. Heard learned counsel for the parties. Perused the material available on record.

5. Upon perusal of the material available on record and keeping in view the fact that the petitioner-institution is permitted to participate in the counselling by this Court for admission of students in respect of courses (B.Sc./GNM) in the academic session 2024-2025 so also the fact that as per the learned counsel for the petitioner-institution that due inspection of the petitioner- institution has already been conducted by the Rajasthan Nursing Council and positive report has been submitted thereupon, this Court deems it just and appropriate to direct the respondents to permit the petitioner-institution to participate in the ongoing counselling or in the next round of counselling for the academic session (B.Sc./GNM) 2025-2026.

6. List the matter after three weeks.

7. It is made clear that the respondents are not precluded from filing an application seeking vacation of the instant interim order or applying for early hearing of the matter.

8. However, petitioner-institution shall also be at liberty to upload the valid documents in conformity with the Clause 8(i) of the guidelines dated 15.10.2024 on the official portal of the Department of Medical and Health Sciences (Group-III), Government of Rajasthan.

(KULDEEP MATHUR),J

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