Rajasthan High Court - Jodhpur
Asha Devi Institute Of Nursing (B.Sc. ... vs State Of Rajasthan on 6 January, 2023
Author: Arun Bhansali
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 237/2023
Asha Devi Institute Of Nursing (B.sc. Nursing), Khemana Road,
Sadulpur, Rajasthan Through Secretary Of Bhai Nitin Kumar
Education And Social Welfare Trust, Sadulpur, Churu Kaushal
Kumar Poonia S/o Shri Ram Pratap Poonia, Aged About 40 Years,
Resident Of Jhabar, Gulpura, Tehsil Rajgarh, Churu.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Medical And
Health (Group-Iii) Department, Government Of
Rajasthan, Secretariat, Jaipur.
2. Joint Secretary, Medical And Health Department (Group-
Iii), Government Of Rajasthan, Jaipur.
3. Rajasthan Nursing Council Khemana Road, Sadulpur
Registrar B-39, Sardar Patel Marg, C-Scheme Jaipur,
Rajasthan.
4. Additional Director (Training), Legal And Health
Department, Secretariat, Jaipur, Rajasthan.
5. Rajasthan Private Nursing School And Colleges
Federation, Khemana Road, Sadulpur Chairman, 357,
Laxmi Nagar, Paota R Road, Jodhpur.
6. Rajasthan University Of Health Sciences, Jaipur
(Rajasthan), Through Its Registrar.
----Respondents
For Petitioner(s) : Mr. Vikas Bijarnia.
For Respondent(s) : Mr. Manish Vyas, AAG
HON'BLE MR. JUSTICE ARUN BHANSALI
Order 06/01/2023 Mr. Manish Vyas, AAG puts in appearance for the respondents.
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(2 of 2) [CW-237/2023] Learned counsel for the parties submit that the issue raised in the present writ petition is squarely covered by the order in Mahatma Gandhi B.Sc. Nursing College vs. State of Rajasthan & Ors.: SBCWP No.3962/2022 and other connected matters, decided on 04.11.2022, wherein, similar nature writ petitions have been allowed and, therefore, the present writ petition may also be allowed in terms of the order in the case of Mahatma Gandhi B.Sc. Nursing College (supra).
In the case of Mahatma Gandhi B.Sc. Nursing College (supra), it is inter-alia been averred by a Coordinate Bench of this Court as under:-
"In view of the discussions made above, the writ petitions are allowed. The answer to the question posed is that the State has no power to put an additional condition of having 100 bedded own hospital by the Nursing Institutions/college enumerated in the order dated 07.06.2022 and, therefore, the condition of having 100 bedded own hospital by the Nursing Institute/Colleges enumerated in the order dated 07.06.2022 is quashed and set aside. The State will process the cases of the petitioners Institutions/ Colleges individually for grant of "No Objection Certificate" in accordance with the Regulation, 2020 of the Indian Nursing Council and will not insist upon any College/ Institution to have its own 100 bedded hospitals.
Registry is directed to place a copy of this order in each connected file.
The stay application and other pending applications stand disposed of accordingly."
In view of the submissions made, the present writ petition is allowed in light of and with similar directions as given in the case of Mahatma Gandhi B.Sc. Nursing College (supra).
(ARUN BHANSALI),J 90-Rmathur/-
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