Judgment Intelligence
Petition DismissedState of Rajasthan v. Private Physiotherapy, Nursing and Paramedical Institution Society (and 81 connected special appeals, including State of Rajasthan v. Gayatri Vidhyapeeth (NIMT College of Nursing))
2024:RJ-JD:10863-DB
D.B. Spl. Appl. Writ No. 11/2023 and 81 connected special appeals (including D.B. Spl. Appl. Writ No. 103/2023)
- Court
- Rajasthan High Court
- Date of Decision
- 1 March 2024
- Bench
- Justices Pushpendra Singh Bhati and Munnuri Laxman
- Relevant Acts & Sections
- Constitution of India — Article 246; Seventh Schedule, List I Entry 66 and List III Entry 25; Indian Nursing Council Act, 1947 — Section 16; Indian Nursing Council (Revised Regulations and Curriculum for B.Sc Nursing Program) Regulations, 2020; Rajasthan Nursing Mid-Wives Health Visitor and Auxiliary Mid-Wives Registration Act, 1964
Final Outcome
The State's special appeals were dismissed; the Single Judge's quashing of the own 100-bed hospital condition in the policy of 07.06.2022 (order of 04.11.2022 in the lead case) stands (paras 18-20).
Key holdings
- The State's condition of a 100-bed hospital owned by the institution contravenes the INC Regulations of 2020 (para 8).
- The policy of 07.06.2022 was an administrative order that changed the central criteria, not a supplementary condition (paras 12.1, 14.1).
- The Regulations already secure a dedicated 100-bed parent hospital for at least 30 years at the same location (paras 17-17.2).
- Institutions meeting all prescribed norms cannot be denied an NOC for a new college or more seats on this condition (para 16).
- The State keeps the power to order closure of ineligible institutions run without following the law (para 15).
Case explainer by NyayVidhan: an account of this judgment and the law it laid down, not the court's text. The judgment itself is the authoritative version.
Brief Facts
The Indian Nursing Council, constituted under the Indian Nursing Council Act, 1947, framed Regulations for the B.Sc Nursing programme on 05.07.2021 requiring a 100-bed parent hospital (paras 3, 11). By an order of 07.06.2022 the State required a new nursing college to have a 100-bed hospital of the organisation's own; a no-objection certificate for a new college or extra seats depended on meeting that policy (para 4). A Single Judge quashed the condition on 04.11.2022 (para 4.1). The State's 82 special appeals were heard together, with No. 11/2023 as the lead case (para 1). It argued the condition curbed fake institutions and deserved deference as policy (paras 5-5.3); the institutions said it overrode the Council's eligibility norms (paras 6-6.5).
Court's Findings
A no-objection certificate from the State or the Rajasthan Nursing Council is needed for a new college or more seats, and the own-hospital condition clearly contravened the Regulations of 2020 (para 8). Article 246 and Entry 66 of List I cover coordination and determination of standards in higher education, and the Regulations were made under Section 16 of the 1947 Act (para 12). Agreeing with the Single Judge, the Bench held the policy was an administrative order, not made under Entry 25 of the Concurrent List, which changed the criteria rather than supplementing them; even if traced to Entry 25, it was repugnant to the central law and could not prevail (paras 12.1-12.2), relying on Adhiyaman and Preeti Srivastava (para 13). The Council's condition applies uniformly across the country; the State's overreach would discriminate between institutions in Rajasthan and in other States (paras 14-14.1). The Regulations already tie the hospital to the institution's own trust, society or company or its trustees, bar its use by any other institution for at least 30 years and keep it at the same location (paras 17-17.1), so the State's condition had no justification (para 17.2). The State may still close ineligible institutions (para 15).
Legal Principle
Where regulations framed under the Indian Nursing Council Act, 1947 fix the hospital requirement for nursing colleges, a State cannot, by an administrative policy, substitute a stricter eligibility condition and refuse a no-objection certificate to institutions that meet the central norms; it may still act against institutions run without following the law (paras 12.1, 14.1, 15-16).
Precedents Relied Upon
- State of T.N. & Ors. v. Adhiyaman Educational & Research Institution & Ors. (1995) 4 SCC 104
State legislation that encroaches on Entry 66 of List I or conflicts with central legislation is void and inoperative; where seats are available, State authorities act unconstitutionally in denying them to those who meet the central standards (para 43 of the report, quoted).
- Preeti Srivastava & Ors. v. State of Madhya Pradesh & Ors. (1999) 7 SCC 120
While controlling education, including medical education, a State cannot adversely affect the standards laid down by the Union under Entry 66 of List I (para 35 of the report, quoted).
