Affiliation Cancelled After Completion Of Course: Rajasthan HC Directs Nursing Council To Register Students Whose College's Affiliation Was Rejected

Rajasthan High Court has granted relief to the graduates of Tirupati College of Nursing (“College”) who were denied registration by the Rajasthan Nursing Council (“RNC”) on account of the affiliation of their college, the Tirupati College of Nursing being canceled by the RNC for want of requisite NOC from the State Government.

The Court directed that the students had taken admission in the College when its affiliation was valid which came to be cancelled only after these students had completed their course.

The bench of Justice Dinesh Mehta was hearing the petitions filed by a number of students who had taken admission in the College in 2017-18 when the college had a valid affiliation/recognition with RNC. However, after the course of these students was complete, in 2021, the affiliation of the College was rejected by RNC since a requisite NOC from the State Government to that effect was missing.

Hence, the registration of all these students with RNC, pursuant to their graduation from College, was also put on hold leading to various petitions before the high court.

The Court opined that since a valid affiliation was granted by RNC itself earlier to the College, insisting on the requirement of an NOC for the period prior to 2022 would reflect a wrong order of performing its tasks.

The Court said that based on the above, the petitioners could not be deprived of registration since that would amount to preventing them from pursuing their career in an unjust manner. It said:

“In the opinion of this Court, as the affiliation itself was granted by the RNC to the respondent No.4, requirement of insisting upon NOC for the period prior to 13.01.2022, would be like putting the cart before the horse. All these students have undertaken their course in institute respondent No.4, after getting admission in the year 2017-2018 and they have successfully completed their course. Depriving such students from registration and taking away their right of pursuing their career would be iniquitous and unjust”

Accordingly, the petitions were allowed and the Court directed RNC to consider petitioners' applications for registration, in accordance with law, within 2 months and provide them with the registration if they were eligible without asking for an NOC.

Title: Kapil Kumar Labana & Ors. v State of Rajasthan & Ors.

Citation: 2024 LiveLaw (Raj) 197

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