Rajasthan High Court

Rajasthan High Court: In a writ petition seeking permission to admit an additional students for the academic session 2023-2024, a single-bench comprising of Nupur Bhati, J., granted the petitioner-institute permission to admit 20 additional students for the academic session 2023-2024 in the B.Sc Nursing Course, with instructions to comply with any due fees.

In the instant matter, the State Government issued a communication, dated 19-07-2023, granting a No Objection Certificate (NOC) retrospectively in favor of the petitioner-institute for running the B.Sc Nursing Course for 60 seats. On 01.10.2013, the respondent issued an order banning the petitioner-institute from admitting students for the B.Sc Nursing Course for the academic session 2013-2014 and subsequent sessions due to Anti-Corruption Bureau proceedings initiated against the institute. Through an additional affidavit, a communication dated 15-03-2024 was presented, issued by the Rajasthan Nursing Council, Jaipur, stating an amendment to an earlier order dated 14-07-2020, allowing the petitioner-institute to run the B.Sc Nursing Course for 60 seats. The petitioner-institute sought relief through a writ petition to permit the undertaking of the B.Sc Nursing course for the academic session 2023-2024 with an increased intake capacity of 60 seats, citing retrospective affiliation granted by the State Government and the Rajasthan Nursing Council. The petitioner-institute argued that with the retrospective grant of affiliation for 60 seats by both the State Government and the Rajasthan Nursing Council, the institute should be allowed to undertake the B.Sc Nursing course for the academic session 2023-2024 with an increased intake capacity.

In the light of the retrospective affiliation granted by both the State Government and the Rajasthan Nursing Council, the Court disposed of the writ petition with the direction to the respondents to permit the petitioner-institute to admit an additional 20 students for the academic session 2023-2024 in the B.Sc Nursing Course. Additionally, the petitioner-institute was instructed to pay any fees due for the admission of these additional students.

[Genius College of Nursing v. State of Rajasthan, 2024 SCC OnLine Raj 678, order dated 22-03-2024]


Advocates who appeared in this case :

Mr. Ankur Mathur and Mr. Harshwardhan Thanvi, Counsel for the Petitioners

Ms. Vandana Bhansali, AGC with Ms. Khushi Makwana, Mr. Sangram Singh and Mr. Vinay Kothari with Mr. Ayush Goyal, Counsel for the Respondents

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