HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 15458/2025 Indira Education Institute Of Nursing, Through Its Director Dr. Ram Sagar Nagar S/o Shri Mangilal Ji Nagar, Aged About 55 Years, R/o Opp. Railway Station, Umarda, Udaipur, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Medical And Health (Group-Iii) Department, Government Of Rajasthan, Secretariat, Jaipur.

2. Rajasthan Nursing Council, Through Its Registrar B-

39,sardar Patel Marg, C-Scheme Jaipur, Rajasthan.

3. 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. Ankur Mathur Mr. Harshvardhan Thanvi Ms. Divya Bapna For Respondent(s) : Ms. Kanchan Jodha for Mr. N.S. Rajpurohit, AAG HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

08/09/2025

1. Learned counsel for the petitioner submitted that despite the petitioner- institution being granted an N.O.C. by the State Government for admitting hundred students, the Indian Nursing Council (hereinafter ‘INC’) allowed the admission of only fifty students. Learned counsel submitted that since the year 1999- 2000, the petitioner has been admitting hundred students in GNM Courses pursuant to interim orders passed by this Court.

2. Learned counsel submitted that this year, vide order dated 28.05.2025, the State Government has denied permission to the petitioner- institution for admitting hundred students in GNM Courses mainly on the ground that it does not have parent hospital.

3. Drawing attention of the Court towards the communication dated 07.08.2025 issued by the INC to the Registrar Nursing Council Rajasthan, Jaipur, learned counsel submitted that the INC itself on a querry made by the INC has intimated it that if any institution is established before the Academic Year 2013-14 then it will remain in existence without insisting on parental hospital. Learned counsel submitted that since the petitioner- institution was established in the year 1999-2000 and has been admitting hundred students since then, the condition of having parental hospital imposed upon it vide impugned orders dated 26.05.2025 (Annx-29) and 28.05.2025 (Annx.30) deserves to be quashed and set aside by this Court.

4. The matter requires consideration.

5. Issue notice to the respondents.

6. Ms. Kanchan Jodha, Adv, assistant to Shri N.S. Rajpurohit, AAG accepts notice on behalf of the respondent No.1. Service of notice upon respondent No.1 is, therefore, complete.

7. Ms. Kanchan Jodha, Adv. prays for and is granted three weeks time to file reply to the instant writ petition.

8. Let notices be issued to the respondent No.2 only, returnable within a period of three weeks.

9. In the meanwhile, the effect and operation of the impugned orders dated 26.05.2025 and 28.05.2025 issued by the Joint Secretary of Government of Rajathan Department of Medical and Health (Group- III) shall remain stayed and the respondent State/ RNC shall allocate students to the petitioner institution for admission in GNM Courses/programme for the Academic Session

2025-26 with intake capacity of hundred students.

(KULDEEP MATHUR),J

97-himanshu/-