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2026 Supreme(Online)(Raj) 10271
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 11256/2025
Vijay Yadav S/o Bhagchand Yadav & Ors.
----Petitioners
Versus
1. The State Of Rajasthan, Through Its Principle Secretary,
Medical And Health Department, Govt. Secretariat, Jaipur,
Rajasthan.
2. Rajasthan Nursing Council, Through Its Registrar, B-39
Sardar Patel Marg, C-Scheme, Jaipur, Rajasthan.
3. Registrar, Rajasthan University Of Health Science, Sector-18 Pratap Nagar Jaipur.
4. Controller Of Examination, Rajasthan University Of Health
Science, Jaipur, Sector-18 Kumbha Marg, Tonk Road,
Jaipur.
5. Savitri Bai Fule College Of Nursing, Delhi Express
Highway, Near Daulatpura Toll Plaza, Jaipur, Rajasthan
Through Its Director.
----Respondents
Connected With
S.B. Civil Writ Petition No. 11176/2025
Saurabh Maurya S/o Shri Murary Lal Maurya & Ors.
----Petitioners
Versus
1. The State Of Rajasthan, Through Its Principal Secretary,
Medical And Health Department, Govt. Secretariat, Jaipur,
Rajasthan.
2. Rajasthan Nursing Council, Through Its Registrar, B-39
Sardar Patel Marg, C-Scheme, Jaipur, Rajasthan.
3. Registrar, Rajasthan University Of Health Science, Sector-18 Pratap Nagar Jaipur.
4. Controller Of Examination, Rajasthan University Of Health
Science, Jaipur Sector-18 Kumbha Marg, Tonk Road,
Jaipur.
5. Shri Krishna College Of Nursing, Kotpootli Through Its
Director, Shri Deepak Sharma S/o Late Shri Surya
Prakash Sharma, Dabla Road, Near Satyam Marriage
Garden, Kotpootli.
----Respondents
S.B. Civil Writ Petition No. 18659/2025
Amit Jangid S/o Sundar Lal Jangid & Ors.
----Petitioners
Versus
1. The State Of Rajasthan, Through Its Principal Secretary,
Medical And Health Department, Government Secretariat,
Jaipur, Rajasthan.
2. Rajasthan University Of Health Science, Jaipur Through
Its Registrar, Sector-18 Pratap Nagar Jaipur.
3. Rajasthan Nursing Council, Through Its Registrar, B- 39
Sardar Patel Marg, C-Scheme, Jaipur, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 18660/2025
Deepak Saini S/o Shri Mahesh Saini & Ors.
----Petitioners
Versus
1. The State Of Rajasthan, Through Its Principle Secretary,
Medical And Health Department, Govt. Secretariat, Jaipur,
Rajasthan.
2. Rajasthan University Of Health Science, Jaipur Through
Its Registrar, Sector-18 Pratap Nagar Jaipur.
3. Rajasthan Nursing Council, Through Its Registrar, B- 39
Sardar Patel Marg, C-Scheme, Jaipur, Rajasthan.
4. Controller Of Examination, Rajasthan University Of Health
Science, Jaipur, Sector-18 Kumbha Marg, Tonk Road,
Jaipur.
5. Shri Krishna College Of Nursing, Kotpootli Through Its
Director, Shri Deepak Sharma S/o Late Shri Surya
Prakash Sharma, Dabla Road, Near Satyam Marriage
Garden, Kotpootli.
----Respondents
S.B. Civil Writ Petition No. 5175/2026
Shekhawati Medical Parshikshan Sansthan, (A Registered
Society), NH-11, Pura Ki Dhani, Post Sabalpura, Sikar
(Rajasthan) Through Its President Daluram Chahar Son Of Late
Shri Laduram, Aged About 60 Years, Resident Of Village And
Post Dhahar Ka Bas, Tehsil Nechwa, District Sikar (Rajasthan).
----Petitioner
Versus
1. State Of Rajasthan, Through Its Principal Secretary To
Government, Medical And Health Department,
Government Of Rajasthan, Government Secretariat,
Jaipur (Rajasthan).
2. Joint Secretary To Government, Medical And Health
(Group-III) Department, Government Of Rajasthan,
Government Secretariat, Jaipur (Rajasthan).
3. Rajasthan Nursing Council, Jaipur Through Its Registrar,
B-39, Sardar Patel Marg, C-Scheme, Jaipur (Rajasthan).
4. Rajasthan University Of Health Sciences, Through Its
Registrar, Kumbha Marg, Sector-18, Partap Nagar, Jaipur
(Rajasthan).
----Respondents
S.B. Civil Writ Petition No. 6744/2025
Lalita Fanan D/o Mahaveer Prasad & Ors.
----Petitioners
Versus
1. State Of Rajasthan, Through Its Principal Secretary,
Government Medical Of 6 Health Department,
Rajasthan, Secretariat, Jaipur (Rajasthan).
2. Joint Secretary (Group-3), Medical And Health
Department, Government Of Rajasthan, Government
Secretariat, Jaipur (Rajasthani.
3. Rajasthan Nursing Council, Through Its Registrar, B-39,
Sardar Patel Marg, C-Scheme, Jaipur (Rajasthan)
4. Rajasthan University Of Health Science, Through Its
Registrar, Kumbha Marg, Partap Nagar, Jaipur,
Rajasthan.
5. Mahatama Gandhi Bsc Nursing College Sikar
(Shekhawati Medical Prashikshan Sansthan), Sikar
Through Its Director Shri Dalu Ram S/o Shri Ladu Ram,
R/o Gram Post Dhahar Ka Bas, Tehsil-Laxmangarh,
Sikiar.
----Respondents
Important Points
Subject
Educational Law - Examination/Admission Disputes
Headnote
(B) Interim Relief - Judicial Discretion - Court granted conditional provisional permission for students to appear for examinations at their own risk and cost, acknowledging the need to prevent irreparable educational loss while noting the broader issue of regulatory compliance and institutional quality for medical training. (Paras 17, 18, 20)
Facts of the case:
Petitioners, students of various Nursing colleges in Rajasthan, were admitted to B.Sc. Nursing courses. The colleges lacked necessary NOCs/affiliation from the competent authorities at the time of admission. Following an administrative impasse where the University failed to process enrollment for examinations, petitioners moved the High Court. They had previously been allowed to take exams for Semesters I-III under interim orders.
Findings of Court:
The court noted that balancing the students' career interests, who have already completed substantial coursework, against the administrative necessity of regulatory compliance is paramount. It permitted the students to appear for the upcoming examinations provisionally, subject to final adjudication of the writ petitions.
Issues: Whether nursing students admitted to colleges lacking requisite NOCs/affiliation should be permitted to appear for university examinations provisionally pending final resolution of the validity of their institutional status.
Ratio Decidendi: Courts may grant provisional relief to students to appear for examinations to mitigate irreparable loss, provided such relief is caveated as being at the students' own risk, pending final determination on systemic regulatory failures and institutional eligibility.
Result: Petitions admitted; interim relief granted for provisional examination appearance.
For the Appellants/Petitioners: M. M. Ranjan, Yashvardhan Tolani, Kunal Jaiman, Munesh Bhardwaj, Saransh Saini, Vinod Kumar Sharma
For the Respondents: Kamlakar Sharma, Madhusudhan Singh Rajpurohit, Vigyan Shah, Sankalp Vijay, Neeraj Batra, Sneha Kaushal, M. A. Khan, Rajesh Mehrishi, Devansh Saini, Shahrukh Khan Panwar
For Petitioner(s) : Mr. M. M. Ranjan, Sr. Counsel assisted by
Mr. Yashvardhan Tolani
Mr. Kunal Jaiman
Mr. Munesh Bhardwaj
Mr. Saransh Saini
Mr. Vinod Kumar Sharma
For Respondent(s) : Mr. Kamlakar Sharma, Sr. Counsel
assisted by
Mr. Madhusudhan Singh Rajpurohit
Mr. Vigyan Shah, AAG with
Mr. Sankalp Vijay
Mr. Neeraj Batra, GC with
Ms Sneha Kaushal
Mr. M. A. Khan
Mr. Rajesh Mehrishi with
Mr. Devansh Saini
Mr. Shahrukh Khan Panwar
HON'BLE MR. JUSTICE SAMEER JAIN
02/04/2026
1. As substantial arguments are heard, the matter is marked as part-heard and the same is admitted.
2. Since the instant petitions are interwoven and interconnected, involving identical controversies and seeking similar reliefs on common issues, they are being clubbed together and are being adjudicated by this common order. The present order shall, for the time being, govern all such petitions and shall apply to each of them on a mutatis mutandis basis.
3. Learned counsel for the petitioners unanimously submitted that the petitioners had applied to the Rajasthan University of Health Sciences (RUHS), Jaipur, for the B.Sc. Nursing Entrance Test for the academic sessions 2024-25 and subsequent years, for the purpose of seeking admission to the B.Sc. Nursing course. It is submitted that the petitioners duly appeared in the said competitive examination, pursuant to which a provisional list of B.Sc. Nursing Colleges was issued by RUHS. In the said list, the names of Shekhawati Medical Prashikshan Sansthan, Shri Krishna College of Nursing, Kotputli, and Savitri Bai Phule College of Nursing were included.
4. It is further submitted that the said colleges were permitted an intake capacity of 40 seats in terms of a judicial order, which was provisional in nature and subject to certain conditions. It is submitted that thereafter, the petitioners were granted admission to the B.Sc. Nursing Part-I course in accordance with their merit under the Rajasthan Centralized Admission to Nursing Course, 2024 and subsequent years, conducted by RUHS; and that the admission letters were uploaded on the official website of RUHS and were duly countersigned by the respective College managements.
5. Learned counsel further submitted that, pursuant thereto, the petitioners joined and commenced their academic sessions in the respective colleges. The cause of action, arose when the Controller of Examination, RUHS, issued an order dated 05.07.2025, notifying the examination schedule; however, to the utter surprise of the petitioners, RUHS did not open the online portal for enrollment and submission of examination forms for B.Sc. Nursing Part-I and subsequent semesters, qua the petitioners.
6. It is submitted that the said action was assailed before the High Court, wherein the petitioners were permitted to provisionally participate in the examinations for Semester I, II, and III, in compliance of the interim directions so issued; and that the present writ petitions are preferred primarily in relation to Semester III and IV examinations, which are stated to be scheduled from 06.04.2026 to 12.04.2026, or on such dates as may be notified.
7. Per contra, learned counsel appearing for the respondents submitted that, for the establishment and running of a Nursing College, obtaining a No Objection Certificate (NOC) from the competent authority/State Government is a mandatory requirement. It is submitted that, in the absence of such requisite NOC, the respective colleges have granted intake/admissions on a provisional basis. It is fairly conceded that applications seeking affiliation/permission necessarily require time for consideration, as multiple documents are required to be scrutinized and verified. It is further submitted that delays in the grant of affiliation, issuance of NOC, and completion of other regulatory formalities often give rise to disputes.
8. Learned counsel further submitted that verification of essential eligibility criteria, assessment of infrastructural requirements, permissions from nodal agenc
