Rajasthan High Court - Jodhpur
Nimt Medical College Of Naturopathy And ... vs The State Of Rajasthan ... on 24 September, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:42880]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 18267/2025
NIMT Medical College Of Naturopathy And Yogic Science,
Bagrana, Post Kanota, Agra Road, Jaipur through its President
Dr. Rameshwar Dayal Sharma, S/o Shri Krishna Gopal Sharma,
Age 69 Years, R/o Plot No.b 137, Sethi Colony, Jaipur.
----Petitioner
Versus
1. The State Of Rajasthan, Through Its Secretary,
Department Of Ayurvedic And Indian Medicine,
Government Of Rajasthan, Secretariat, Jaipur.
2. The State Of Rajasthan, Through Is Secretary,
Department Of Ayurved, Yoga And Natural Medicine,
Unani, Siddha And Homeopathy (Ayush), Jaipur,
Rajasthan.
3. The State Of Rajasthan, Through Its Deputy Secretary,
Department Of Ayurved, Yoga And Natural Medicine,
Unani, Siddha And Homeopathy (Ayush), Jaipur,
Rajasthan.
4. The Director, Department Of Ayurved, Government Of
Rajasthan, Directorate Of Ayurved, Ashok Marg, Mali
Mohalla, Ajmer, Rajasthan
5. Dr. Sarvapalli Radha Krishnan Ayurved University,
Through Its Registrar, Karwar, Nagaur Road, Jodhpur.
----Respondents
For Petitioner(s) : Mr. Shreyansh Mardia.
For Respondent(s) : -
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order 24/09/2025
1. By way of filing present writ petition, the petitioner has prayed for the following reliefs:
"i. The Respondent No. 1 may be directed to grant the NOC to the Petitioner institute to conduct the B.N.Y.S course for the academic session 2025-26 for 100 seats.
ii. The Petitioner may be permitted to undertake the B.N.Y.S course for the academic session 2025-26 on 100 seats and the name of the Petitioner may be included in all the rounds of counseling;
(Uploaded on 24/09/2025 at 06:26:18 PM) (Downloaded on 24/09/2025 at 10:29:50 PM) [2025:RJ-JD:42880] (2 of 4) [CW-18267/2025] iii. The Respondent No. 5 may be directed to grant affiliation to the Petitioner for the academic session 2025-26 to conduct the B.N.Y.S course with intake capacity of 100 seats;
iv. The Respondents may be directed to provide the inspection report to the Petitioner."
2. Leaned counsel for the petitioner submitted that the petitioner Institution is run by a charitable trust. The object of the charitable trust is to impart education in the field of Naturopathy and Yoga. He submitted that in conformity with the objects of the charitable trust, the petitioner Institution filed an application before the competent authority of the respondents seeking permission to establish an institution and start course of Bachelor of Yogic and Naturopathy Science with an intake capacity of 100 students. Learned counsel submitted that the respondent authorities, after considering the proposal of the petitioner Institution for imparting education in Yogic and Naturopathy Science, entered into an MoU with it on 07.03.2025. The MoU clearly indicates that the State of Rajasthan will facilitate the petitioner Institution for obtaining necessary permission/clearance, etc. from the concerned department for establishment of an institution for imparting education in Yogic and Nauropathy Science course.
3. Drawing attention of the Court towards the communication dated 01.08.2025 (Annexure-5) issued by the respondent No.3 - Dy. Secretary, Department Of Ayurved, Yoga And Natural Medicine, Unani, Siddha And Homeopathy (Ayush), Jaipur, learned counsel submitted that as per the respondent No.3, after conducting inspection of the petitioner Institution, the matter was placed before the Scrutiny Committee for examining the (Uploaded on 24/09/2025 at 06:26:18 PM) (Downloaded on 24/09/2025 at 10:29:50 PM) [2025:RJ-JD:42880] (3 of 4) [CW-18267/2025] application/documents of the petitioner Institution. The Scrutiny Committee, during scrutiny of the documents of the petitioner Institution, found following deficiencies in the documents submitted by the petitioner Institution:
(i) discrepancy in the constructed area of the institution; and
(ii) details of OPD/IPD of patients for last one year.
4. Learned counsel submitted that immediately after receiving the communication dated 01.08.2025, the petitioner Institution submitted a reply/representation dated 18.08.2025 to the respondents indicating therein that the petitioner Institution is totally eligible for grant of NOC for starting Yogic and Nauropathy Science course and due to some typographical error in the documents submitted by the petitioner Institution, the construction area was indicated less than the actual constructed area. Learned counsel submitted that the reply/representation submitted by the petitioner is pending consideration with the competent authority of the State of Rajasthan for last about two months but no decision whereupon has been taken till date. It was thus prayed that the competent authority of the State of Rajasthan may be directed to consider and decide the reply/ representation of the petitioner Institution as expeditiously as possible and issue NOC in favour of the petitioner Institution.
5. Having heard learned counsel for the petitioner, this Court deems it just and proper to dispose of the present writ petition with a direction to the competent authority of the respondent department to take a final decision upon the reply and representation dated 18.08.2025 (Annexure-6 & 7) filed by the (Uploaded on 24/09/2025 at 06:26:18 PM) (Downloaded on 24/09/2025 at 10:29:50 PM) [2025:RJ-JD:42880] (4 of 4) [CW-18267/2025] petitioner seeking issuance of NOC in its favour, as expeditiously as possible, preferably within a period of six weeks from today.
6. It is made clear that in case, an order adverse to the interest of the petitioner is passed by the respondent authorities then the petitioner shall be at liberty to challenge the same before the appropriate forum, in accordance with law.
7. With the aforesaid directions, the writ petition as well as stay application are disposed of.
(KULDEEP MATHUR),J 310-Tikam/-
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