State Delaying Grant Of NOC Despite Favourable Inspection Report: Rajasthan HC Provisionally Allows Universities To Conduct GNM, BSc Nursing Courses

In an interim order, Rajasthan High Court has permitted Janardan Rai Nagar Rajasthan Vidhyapeeth University & Shri Khushal Das University to conduct B.Sc. Nursing & General Nursing and Midwifery (GNM) Courses respectively for the current academic session after the state failed to give a plausible explanation for delaying the grant of the No Objection Certificate.

The single-judge bench of Dr Justice Nupur Bhati had previously summoned the Additional Chief Secretary, Medical & Health Department as per the order dated 28.02.2024. Though the Secretary submitted that framing a policy for the constitution of a High-Level Screening Committee is under consideration and the grant of NOC to the aggrieved colleges should be put on hold until then, the court opined that such a plea by the state can't be entertained without a definite timeline.

“…Considering the fact that there is no timeline issued by the respondents for constituting a High Power Committee which shall look into the matter for grant of NOC to the respective Colleges, respondent State is directed to allow the petitioners to participate in the counselling if any conducted for admission of students in GNM Course. The respondents would be at liberty to file application for vacation of the interim order”, the bench at Jaipur added about the petition preferred by Shri Khushal Das University.

A similar order was issued in terms of the writ petition preferred by Janardan Rai Nagar Rajasthan Vidhyapeeth University for taking part in the counselling process for the B.Sc Nursing Course(2023-24).

The counsel for the petitioners argued that putting the NOC on hold citing the constitution of a High-Level Committee would cause irreparable loss since no timeline has been stipulated for framing the policy. Moreover, the petitioners also pointed out that a few colleges were already granted NOC by the State Level Scrutiny Committee earlier.

The Additional Chief Secretary conceded that a meeting of the State Level Scrutiny Committee was held on 01.03.2023 in which 16 cases were placed for grant of NOC and 10 institutes were granted NOC.

The court has also clarified that the participation of the petitioner Universities in the counselling process will be subject to the outcome of the writ petitions.

The matters have been listed for 22.04.2024.

Background

On 08.01.2024, the court had instructed the respondent state to decide on the grant of NOC to Shri Khushal Das University within 15 days, taking into account the court's previous decision in State of Rajasthan & Anr. v. Surendra Nursing Training Institute & Ors (2023). The single-judge bench then pointed out that the question of grant of NOC should be decided within a specified time limit if it is found that the University complies with the condition of 100 beds and other applicable eligibility criteria.

The cases were originally filed by the Universities seeking permission to conduct the respective courses in the relevant academic years and for the grant of NOC by the state. Shri Khusal Das University had filed a similar writ petition in 2023 with the same prayer for the academic session 2022-23.

An interim order in Shri Khusal Das University's favour was passed by the High Court then, permitting it to participate in the ongoing counselling for the GNM Course for 60 seats in the said academic year. The court had also instructed the state to consider the grant of NOC expeditiously, which was not paid heed to by the authorities.

On 28.02.2024, the High Court took notice of the fact that the Rajasthan Nursing Council had conducted an inspection at Shri Khushal Das University and concluded that the institution had all the necessary infrastructural, laboratory, faculties and clinical facilities to run the GNM Course. Before the order dated 28.02.2024, the respondent state communicated to the petitioner college that there were a few deficiencies that should be straightened out before considering the grant of NOC. However, the petitioners had contended then that all the details about the issues flagged by the state were already mentioned in the inspection report dated 06.12.2022 prepared by RNC.

Since the prospects of many students are at stake, the court gave a final chance to the state authorities to decide on the grant of NOC within 10 days.

Case Title: Shri Khushal Das University v. State of Rajasthan & Ors and Connected Matters

Case No: S.B. Civil Writ Petition No. 19116/2023 & Others

For Petitioners: Mr. Shreyansh Mardia, Ms. Nilansha Singhvi

For Respondents: Ms. Vandana Bhansali, AGC with Ms. Kkhushi Makwana, Mr. Sangram Singh

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