RAJASTHAN VIKAS SANSTHAN JODHPUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this petition the petitioner which runs Vyas Nursing Institute in Jodhpur city has challenged the Circular issued by the Govt. of Rajasthan on 12 -5-2000 on several grounds mentioned in the petition.

(2.) Facts giving rise to the present petition stated briefly are that the petitioner is a Society propagating education in Rajasthan. This establishment is a development Society for Rajasthan. The Institute called Vyas Nursing Institute was established by the petitioner Society to provide instruction to the people of Rajasthan, who desire to take up nursing as a career. This establishment of the school was in pursuance of the policy laid down by the Govt. of Rajasthan to permit establishment of Nursing Training Institutions in private sector in the State of Rajasthan . It had issued certain guidelines on 1-6-1998 which were later on modified on 9-7-1999.

(3.) Annexure 1 to the petition is a copy of the guidelines issued on 1-6-1998 wherein it has been stated that Nursing Training Course is governed by the provisions of the Indian Nursing Council Act, 1947 (hereinafter referred to as 'the Act of 1947') and the Rajasthan Nurses, Midwives, Health Visitors and Auxiliary Nurse Midwives Registration Act, 1964 (hereinafter referred to as 'the Act of 1964'). Under the Act of 1964, Rajasthan Nursing Council is established and it is in consultation with the Indian Nursing Council that the power to recognise Nursing Training Institute within the State of Rajasthan even to private sector is vested in the Rajasthan Nursing Council. It is then stated in this Circular that the Govt. has decided to prescribe the following guidelines, which may be followed before recommending case to Rajasthan Nursing Council. It is then stated that these guidelines may be strictly followed for recommending cases for registration/recognition of any private institution for imparting instruction in Nursing. These were later on amended on 9-7-1999 and certain additions were made particularly in relation to grant of applications to these private institutions.