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Rajasthan High Court Lashes Out at State's 'Deplorable' 8-Month Delay in Nursing College NOC
In a scathing rebuke of bureaucratic inertia, the has directed the state to issue a No Objection Certificate (NOC) to within 15 days, slamming authorities for sitting idle on a favorable inspection report from July 2025. Justice Sanjeet Purohit, in his order ( , v. State of Rajasthan & Ors. , S.B. Civil Writ Petition No. 21321/2025; 2026 LiveLaw (Raj) 76), went further, mandating a comprehensive digitized framework for all educational approvals to end such delays.
A College Ready, But Trapped in Red Tape
, operated by through President Brijmohan Sharma, sought NOC for B.Sc. Nursing and GNM courses. The petitioner claimed full compliance with infrastructure, hostel, and hospital norms per guidelines. An inspection on , by a state team explicitly recommended approval for 30 seats each—yet eight months later, no NOC or even the report copy was provided.
Petitioners approached the court after repeated inaction, despite prior orders from a coordinate bench demanding the report. Respondents— , , , and —finally filed the report only after threats of personal appearance by the Secretary.
Petitioner's Plea: 'All Boxes Checked, Where's Our NOC?'
highlighted the college's readiness, annexing documents proving INC compliance. He decried the lack of communication post-inspection, arguing it violated state guidelines from 2024 mandating NOC processing within 90 days (45 days post-inspection report). Prolonged silence, he urged, warranted a .
State's feeble Defense: 'Pending Consideration'
offered no explanation for the delay, merely stating the application awaited the High Power Committee's decision. No reasons for the eight-month holdup were provided, despite the inspection team's clear thumbs-up.
Court's Razor-Sharp Dissection: Guidelines Ignored, Rights Violated
Justice Purohit minced no words, deeming the delay a "clear defiance" of 2024 guidelines and the . Section 4 guarantees a " " within timelines, with Section 5 requiring reasoned decisions or rejection. The court invoked this Act's scheme—appellate remedies and penalties—to underscore legislative intent against " ."
Precedents bolstered the reasoning: In , the court mandated expeditious NOC decisions to protect students' futures. Recent highlighted how delays lapse ancillary NOCs (fire, biomedical), fueling litigation cycles.
The judge noted petitioners' " " post-favorable inspection, criticizing fee collection followed by inaction as unfair. Broad guidelines alone won't suffice, he ruled, necessitating a structured overhaul.
Key Observations That Sting
- On the inspection lapse : “ After physical inspection... the Committee finally recommends grant of approval to for starting the following courses... B.Sc (Nursing) 30 Seats GNM 30 Seats. ”
- Fury at delay : “ The inexplicable delay... despite inspecting committee's unequivocal recommendation... is nothing short of deplorable. A lapse of over eight months... reveals callous disregard for public interest. ”
- Systemic rot : “ The authorities' high-handedness... not only undermines the but transforms this Court into an unwilling . ”
- Rights under fire : “ Such unexplained delay not only defeats the citizen’s guaranteed right to timely service but also strikes at the core of transparency, efficiency and public accountability. ”
- Broader fix needed : “ Merely specifying broad... timelines... is insufficient... a detailed and comprehensive framework prescribing specific timelines for each distinct stage. ”
Deadline Set, Framework Ordered: No More Excuses
The court directed NOC issuance within 15 days, warning of
"heavy costs personally on the concerned officer"
for non-compliance. Critically, it ordered formulation of the
Rajasthan Grant of NOC/Approval/Permission (Education) Framework-2026
within eight weeks. This must include a digitized portal for real-time tracking, nodal officers, time-bound inspections/reports, penalties for delays, and transparency via notice boards/RTI.
Chief Secretary must ensure compliance; status report due next hearing on . Reluctantly sparing costs now due to AAG's assurances, the ruling signals zero tolerance for delays that burden courts and aspiring students.
This precedent could streamline approvals statewide, curbing "avoidable litigation" and restoring faith in governance—provided the state acts swiftly.
