STATE OF RAJASTHAN Vs. PRIVATE PHYSIOTHERAPY

JUDGEMENT

(1.) Since all the instant petitions involve a common controversy though with marginal variation in the contextual facts, therefore, for the purposes of the present analogous adjudication, the facts and the prayer clauses are being taken from the above-numbered D.B. Special Appeal No.11/2023, while treating the same as a lead case; rival submissions of the parties and the observations of the Court, in the present judgment, would also be based, particularly, on the factual matrix of the lead case.

(2.) The prayer clauses read as under:- "It is, therefore, respectfully prayed that this special appeal may kindly be allowed and the impugned order passed by learned Single Judge dtd. 4/11/2022 allowing the writ petition preferred by the respondent/writ-petitioner may kindly be quashed and set aside and the writ petition preferred by the respondent/writ-petitioner may kindly be dismissed. Any other order, which this Hon'ble Court deems fit and proper in the facts and circumstances of the case, may kindly be passed in favour of appellants."

(3.) As the pleaded facts would reveal, the Union Legislature had enacted the Indian Nursing Council Act, 1947 with the object to constitute a Central Council for determination of the standards of the education in nursing institutions, whereafter, the Nursing Council framed the Indian Nursing Council (Revised Regulations and Curriculum for B.Sc Nursing Program), Regulations, 2020 (hereafter referred to as 'Regulations of 2020') on 5/7/2021, prescribing a condition that the concerned institution(s)/college(s), so as to become eligible to establish the Nursing Institution/College, should have their own hundred bedded parent hospital(s). 3.1. The State of Rajasthan enacted the Rajasthan Nursing MidWives Health Visitor and Auxiliary Mid-Wives Registration Act, 1964 and constituted the Rajasthan Nursing Council.