Apex Shiksha Samiti v. State of Rajasthan & Ors.

[2026:RJ-JD:53348]

HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR

S.B. Civil Writ Petition No. 1504/2026
CNR: RJHC010070772026 | URN: CW / 2816U / 2026

Apex Shiksha Samiti, Neowise College Of Nursing, Khairthal, Harsoli Road, Nangal Santokera, Tehsil Mundawar, District Alwar, Rajasthan, Secretary Shri Rajpal Jat ----Petitioner
Versus
(1) The State Of Rajasthan, Through Its Secretary, Medical And Health Department Government Of Rajasthan, Secretariat, Jaipur. (2) The Rajasthan Nursing Council, Jaipur Through Its Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur. (3) Private Physiotherapy, Nursing And Para Medical Institutions Society, Branch Office Jodhpur, Through Its Secretary, Plot No.273, Subhash Nagar, Pal Road, Jodhpur, Rajasthan. ----Respondents

Connected With

S.B. Civil Writ Petition No. 1602/2026
CNR: RJHC010070712026 | URN: CW / 2976U / 2026
Apex Shiksha Samiti, (Neowise College Of Nursing), Khairthal, Harsoli Road, Nangal Santokera, Tehsil Mundawar, District Alwar, Rajasthan, Secretary Shri Rajpal Jat ----Petitioner
Versus
(1) The State Of Rajasthan, Through Its Secretary, Medical And Health Department Government Of Rajasthan, Secretariat, Jaipur. (2) The Rajasthan Nursing Council, Jaipur, Through Its Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur. (3) The Rajasthan University Of Health Science, Through Its Registrar, Kumbha Marg, Sector-18, Pratap Nagar, Tonk Road, Jaipur. (4) Private Physiotherapy, Nursing And Para Medical Institutions Society, Branch Office Jodhpur, Through Its Secretary, Plot No.273, Subhash Nagar, Pal Road, Jodhpur, Rajasthan. ----Respondents

S.B. Civil Writ Petition No. 1634/2026
CNR: RJHC010076472026 | URN: CW / 3043U / 2026
American International Health Management Ltd., American International Institute Of Nursing 101, Kothi Bag, Bhatt Ji Ki Bari, Udaipur, Through Its Director, Ms. Surbhi Porwal ----Petitioner
Versus
(1) State Of Rajasthan, Through Its Principal Secretary, Medical And Health Department Of Rajasthan, Government Secretariat, Jaipur Rajasthan. (2) Rajasthan Nursing Counsil, Through Its Registrar, B-39, Sardar Patel Marg, C- Scheme, Jaipur Rajasthan. (3) The Rajasthan University Of Health Science, Through Its Registrar, Kumbha Marg, Sector-18, Pratap Nagar, Tonk Road, Jaipur. ----Respondents

S.B. Civil Writ Petition No. 1775/2026
CNR: RJHC010076522026 | URN: CW / 3278U / 2026
American International Health Management Ltd., American International Institute Of Nursing 101, Kothi Bag, Bhatt Ji Ki Bari, Udaipur, Through Its Director, Ms. Surbhi Porwal ----Petitioner
Versus
(1) State Of Rajasthan, Through Its Principal Secretary, Medical And Health Department, Governemnt Of Rajasthan, Government Secretariat, Jaipur Rajasthan. (2) Rajasthan Nursing Council, Through Its Registrar, B-39, Sardar Patel Marg, C Scheme, Jaipur Rajasthan. ----Respondents

S.B. Civil Writ Petition No. 4580/2026
CNR: RJHC010199112026 | URN: CW / 8338U / 2026
Shri Guru Jambheshwarshodhevam Shikshansansthan Trust, Vasundhara Nurshing College Khasrano 131/2, 131/7 Kharda Randheer Jodhpur Through Its Chairperson Smt Omibala Panwar ----Petitioner
Versus
(1) The State Of Rajasthan, Through Its Secretary Medical And Health Department Government Of Rajasthan Secretariat Jaipur (2) The State Of Rajasthan, Through Its Secretary Medical And Health Department Government Of Rajasthan Secretariat Jaipur (3) Nursing Council Rajasthan, Through Its Registrar B-39 Sardar Patel Marg C- Scheme Jaipur (4) Rajasthan University Of Health Science, Through Its Registrar Kumbha Marg Sector-18 Pratap Nagar Tonk Road Jaipur ----Respondents

S.B. Civil Writ Petition No. 9586/2026
CNR: RJHC010429482026 | URN: CW / 17598U / 2026
Shree Vijay Jan Kalyan Sansthan Dhorimanna, (M R College Of Nursing), Guneshiyon Ki Dhani, Krishi Mandi Road, Dhorimanna, Barmer, Rajasthan, Through Its Secretary Leela Chodhary ----Petitioner
Versus
(1) State Of Rajasthan, Through Its Principal Secretary, Medical And Health Department, Government Of Rajasthan, Government Secretariat, Jaipur Rajasthan. (2) Rajasthan Nursing Council, Through Its Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur Rajasthan. (3) Marwar Medical University, Jodhpur, Dr. S.n. Medical College Campus, Jodhpur, Rajasthan. (4) The Rajasthan University Of Health Science, Through Its Registrar, Kumbha Marg, Sector-18, Pratap Nagar, Tonk Road, Jaipur. ----Respondents

S.B. Civil Writ Petition No. 12157/2026
CNR: RJHC010526762026 | URN: CW / 22055U / 2026
Aryan Shiksha And Prashikshan Samiti, Aryan College Of Nursing, Having Its Registered Office At Kethoon Road, Raipura, Kota (Raj.) Through Its Secretary Mr. Dinesh Saini ----Petitioner
Versus
(1) The State Of Rajasthan, Through Its Secretary, Medical And Health Department Government Of Rajasthan, Secretariat, Jaipur. (2) The Rajasthan Nursing Council, Jaipur Through Its Registrar, B-39, Sardar Patel Marg, C-Scheme, Jaipur. (3) Private Physiotherapy, Nursing And Para Medical Institutions Society, Branch Office Jodhpur, Through Its Secretary, Plot No. 273, Subhash Nagar, Pal Road, Jodhpur, Rajasthan. ----Respondents

S.B. Civil Writ Petition No. 13849/2026
CNR: RJHC010633152026 | URN: CW / 25209U / 2026
Bhagwant University, Ajmer, Bhagwant Education Foundation, Sikar Road, Ajmer, Through Its Secretary, Asha Singh ----Petitioner
Versus
(1) The State Of Rajasthan, Through Its Secretary, Medical And Health Department Government Of Rajasthan, Secretariat, Jaipur. (2) The Rajasthan Nursing Council, Jaipur, Through Its Registrar, B - 29, Sardar Patel Marg, C-Scheme, Jaipur. (3) Private Physiotherapy, Nursing And Para Medical Institutions Society, Branch Office Jodhpur, Through Its Secretary, Plot No. 273, Subhash Nagar, Pal Road, Jodhpur, Rajasthan. ----Respondents

For Petitioner(s): Mr. Shreyansh Mardia with Ms. Bhawana Tiwari.
For Respondent(s): Mr. N.S. Rajpurohit, AAG with Ms. Kanchan Jodha. Mr. Bhavyadeep Singh for Mr. Vinay Kothari. Mr. Ayush Goyal.

[NyayVidhan notes: Stored from the official Rajasthan High Court PDF of the common order (hcraj file 206800016022026_16.pdf, the copy filed in S.B. Civil Writ Petition No. 1602/2026; 8 pages, uploaded 29.10.2026). The lead case printed on the order is S.B. Civil Writ Petition No. 1504/2026, with seven connected writ petitions (Nos. 1602, 1634, 1775, 4580, 9586, 12157 and 13849 of 2026). (1) The paragraph numbers 1-10 are the Court's own. (2) The cause titles are abridged: the office-bearers' parentage, ages and residential addresses are omitted, and the respondents' numbers are shown as (1)-(4); the institutions' and respondents' addresses are as printed. (3) The order prints no 'Reportable' mark. (4) Every page of the PDF carries the stamp '(D.B. SAW/982/2026 has been filed in this matter. Please refer the same for further orders)'; it is page furniture and is not repeated below. (5) The petitioners' prayers, quoted in paragraph 1, are kept inside paragraph 1, each petition's heading and each prayer on a new line. (6) The text is otherwise as printed, including the prayer numbering in SBCWP No.1504/2026 (i, ii, iv — no iii, with 'The Petitioner may be permitted to undertake GNM course' running on after prayer ii), 'for 60 seats; iv.' run on in SBCWP No.1602/2026, 'Respondent No. I' in SBCWP No.13849/2026, and 'Rajasthan Nursing Counsil', 'Governemnt', 'Nurshing' and 'B - 29' in the cause titles. Page furniture (running heads, page numbers, the appeal stamp, upload/download stamps, the staff lines and the TCPDF line) is removed. The PDF is authoritative.]

[Source: Rajasthan High Court, hcraj.nic.in — order dated 29.10.2026.]

HON'BLE DR. JUSTICE NUPUR BHATI

Order

29/10/2026

1. These writ petitions have been filed by the petitioners under Article 226 of the Constitution of India claiming the following relief(s):
SBCWP No.1504/2026:
“i. The Respondent no. 1 may kindly be directed to issue No Objection Certificate (NOC) in favour of the Petitioner institution for establishment of GNM college for 60 seats.
ii. The inspection report may kindly be made available to the Petitioner; The Petitioner may be permitted to undertake GNM course for the academic session 2026-27;
iv. That the Respondent no. 3 (Private Federation) may be directed to allot students to the Petitioner's Institute on vacant seats;”
SBCWP No.1602/2026:
“i. The Respondent No. 1 may kindly be directed to issue No Objection Certificate (NOC) in favour of the Petitioner institution for establishment of B.Sc. (N) college.
ii. The inspection report may kindly be made available to the Petitioner;
iii. The Respondent No. 3 may be directed to issue affiliation to the Petitioner institute to conduct B.Sc. (N) course for the academic session 2026-27 for 60 seats; iv. The Petitioner may be permitted to undertake B.Sc. (N) course for the academic session 2026-27;
v. The Respondent no. 4 may be directed to include the name of the Petitioner institute in all rounds of counseling;
vi. That the Respondent no. 4 (Private Federation) may be directed to allot students to the Petitioner's Institute on vacant seats;”
SBCWP No.1634/2026:
“i. The Respondent no. 1 may kindly be directed to issue No Objection Certificate in favour of the petitioner institution for establishment of B.Sc. (N) college for 100 seats.
ii. The Petitioner may be permitted to impart education in B.Sc. (N) courses for 100 seats.
iii. The Respondents may be directed to provide the inspection report to the Petitioner.
iv. The Respondent no. 3 may kindly be directed to grant affiliation to the Petitioner institute for the academic session 2026-27.”
SBCWP No.1775/2026:
“i. The Respondent no. 1 may kindly be directed to issue No Objection Certificate in favour of the petitioner institution for establishment of GNM college for 100 seats.
ii. The Petitioner may be permitted to impart education in GNM course for 100 seats.
iii. The Respondents may be directed to provide the inspection report to the Petitioner.
iv. The Respondents may kindly be directed to grant affiliation to the Petitioner institute for the academic session 2026-27.”
SBCWP No.4580/2026:
“i. The Respondent authorities may be directed to grant the NOC to the Petitioner institute to conduct B.Sc. (N) and GNM courses with an intake capacity of 60 seats each.
ii. The Respondent authorities may kindly be directed to supply the copy of the inspection report to the Petitioner institute.”
SBCWP No.9586/2026:
“i. The Respondent no. 1 may kindly be directed to issue No Objection Certificate in favour of the petitioner institution for establishment of B.Sc. (N) college.
ii. The Respondent no. 4 may be directed to include the name of the Petitioner institute in all rounds of counselling.
iii. The Respondent no. 3 may kindly be directed to grant affiliation to the Petitioner institute for the academic session 2026-27.
iv. The Petitioner may be permitted to impart education in B.Sc. (N) course.”
SBCWP No.12157/2026:
“i. The Respondent no. 1 may kindly be directed to issue No Objection Certificate in favour of the petitioner institution for establishment of GNM college for 60 seats.
ii. The Petitioner may be permitted to undertake GNM Course for the academic session 2026-27.
iii. The Respondent authorities may kindly be directed to provide the inspection report to the Petitioner institute.
iv. Respondent no. 3 may be directed to allot students on the vacant seats.”
SBCWP No.13849/2026:
“i. The Respondent no. 1 may kindly be directed to issue No Objection Certificate in favour of the petitioner institution for establishment of B.Sc. (N) college for 60 seats.
ii. The Respondents may be directed to provide a copy of the inspection report.
iii. The Petitioner may be permitted to admit students for session 2026-27 in B.Sc. (N) course.
iv. The Respondent No. I may be directed to allot students on the vacant seats.”

2. Learned counsel for the petitioners submits that, for reasons best known to the respondents, No Objection Certificates (NOCs) have not been issued in favour of the petitioner-institutions for establishment of GNM/B.Sc. Nursing Colleges with their respective intake capacities.

3. Learned AAG submits that, in compliance with the order dated 09.10.2026, the inspection reports of all the petitioner-institutions have been placed on record. He further submits that the inspection reports are positive and no adverse finding has been recorded by the inspection committees. He, however, submits that the decision at the highest level, in respect to the applications for grant of NOCs was pending, the respondents were not in a position to decide the applications of the petitioners. He submits that, as a fresh decision has now been taken at the highest level on 03.10.2026, the applications pending before the respondents for grant of NOCs shall be decided within a period of 90 days.

4. Learned counsel for the petitioners, while drawing the attention of the Court to the guidelines dated 15.10.2024 (appended as Annex.1 in SBCWP No.9586/2026), submits that the said guidelines mandate the respondents to complete the requisite exercise within a period of 45 days from the date of receipt of the inspection report. He submits that the submission made by learned AAG, that the applications shall be decided within a period of 90 days, is not sustainable, as the respondents cannot travel beyond the period prescribed under the guidelines dated 15.10.2024, which continue to remain in force.

5. Having considered the submissions advanced by learned counsel for the parties and in view of the statement made by learned AAG that the inspection reports of all the petitioner-institutions are positive, the respondents are directed to take a final decision on the pending applications for grant of NOCs in favour of the petitioner-institutions within a period of 45 days from today, as mandated in the guidelines dated 15.10.2024.

6. In the event the decision is favourable to the petitioner-institutions, the respondents shall issue the requisite NOCs in favour of the petitioner-institutions accordingly.

7. Needless to observe that in case any adverse order is passed against the petitioner-institutions, they shall be at liberty to avail appropriate remedy(ies) as envisaged under the guidelines dated 15.10.2024.

8. In view of the above directions, these writ petitions stand disposed of. The stay applications as well as all other pending applications, if any, also stand disposed of accordingly.

9. A copy of this order shall be placed in each file.

10. It is made clear that the aforesaid direction shall not be construed as a mandate to decide the application(s) in any particular manner. The respondents shall remain at liberty to examine the matter on its own merits and pass an appropriate order in accordance with law.

(DR. NUPUR BHATI),J