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2026 Supreme(Online)(Raj) 10272

HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
Sameer Jain, J
Vijay Yadav – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Civil Writ Petition No. 11256/2025|S.B. Civil Writ Petition No. 11176/2025|S.B. Civil Writ Petition No. 18659/2025|S.B. Civil Writ Petition No. 18660/2025|S.B. Civil Writ Petition No. 5175/2026|S.B. Civil Writ Petition No. 6744/2025



Advocates:
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

The Court granted provisional permission for nursing students to appear in upcoming semester examinations despite their colleges' lack of valid No Objection Certificates, balancing the students' interest against regulatory non-compliance while ensuring the relief remains strictly provisional at the students' own risk.

Headnote:(A) Education - Nursing Courses - Admission and Examination - Provisional permission - Petitioners, nursing students admitted to colleges lacking formal No Objection Certificate (NOC) or pending affiliation, sought to participate in semester examinations - Court permitted students to appear in upcoming semester examinations provisionally, at their own risk and cost, pending final adjudication, balancing the need to prevent irreparable loss to students against concerns regarding the quality of academic training and regulatory compliance. (Paras 17, 18, 19, 20)

Facts of the case:
The petitioners are students of various B.Sc. Nursing colleges in Rajasthan whose admissions were challenged or whose colleges lacked final NOCs/affiliation from the State Government. Despite having attended classes, the university hindered their enrollment for semester exams. Following interim court orders, they were previously allowed to take Semester I and II exams, and the present petitions were filed to secure similar relief for Semesters III and IV.

Findings of Court:
While acknowledging the concerns of the State regarding compliance and the potential for inadequately trained medical professionals, the Court prioritized the students' interest to prevent irreparable loss. It granted provisional permission to appear in upcoming semester examinations, subject to the final outcome of the writ petitions, and directed respondents to facilitate their enrollment.

Issues: Whether students admitted to nursing colleges without valid NOCs should be permitted to participate in university examinations, and whether this practice undermines academic training standards.

Ratio Decidendi: In cases of procedural disputes involving educational institutions, administrative requirements should not preclude students from appearing in examinations if they have been previously provisionally included in the system, provided such permission is strictly provisional and at the students' own risk.

Result: Interim relief granted; matter listed for final disposal.

Table of Content
1. procedural consolidation of interconnected writ petitions. (Para 1 , 2)
2. background of student admission and denial of examination enrollment. (Para 3 , 4 , 5 , 6)
3. arguments concerning the necessity of nocs versus student equity. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16)
4. grant of provisional examination permission subject to final adjudication. (Para 17 , 18 , 19 , 20 , 21 , 22)

Order

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 agencies, and examination of their genuinen

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