NIRWAN CHARITABLE TRUST Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The dispute in these appeals arising from the common order of the learned single Judge in five writ petitions relates to trainee/student intake capacity in the nursing schools.

(2.) The appellants are nursing institutions or trust/society running nursing institutions imparting training in the General Nursing and Midwifery (GNM) course. The case of the appellants is more or less the same. Shortly stated, the institutions which are subject-matter of D.B. Civil Special Appeal Nos. 599, 618 and 621 of 2005 were established in the year 1999 after obtaining necessary permission and approval of the State Government and the Rajasthan Nursing Council (hereinafter referred to as 'the State Council') for imparting three years' GNM training course with intake capacity of 100 students 50 in the case of appellant in D.B. Civil Special Appeal No. 621/ 2005 which was increased to 100 in the next year i.e. 2000. The institution which is subject-matter of D.B. Civil Special Appeal No. 622/2005 was established in the year 2000 with similar permission and approval of the State Government and the State Council for 120 students intake. They accordingly admitted students for the sessions 1999-2000, 2000-2001 and 2001-2002. For the Session 2002-2003 the number was reduced to 60. The appellants approached this Court in different writ petitions and the respondents were directed to allot 100/120 students as the case may be and accordingly admissions were taken. Same thing happened in session 2003-2004 and by similar orders in different writ petitions the appellants were permitted to admit the students as per the sanctioned intake. For the session 2004- 2005 the number of seats was again fixed at 60 in institutions which are subject- matter of D.B. Civil Special Appeal Nos. 599/ 2005 and 618/2005, in institutions which are subject-matter of D.B. Civil Special Appeals Nos. 621/2005 and 622/2005 intake of 50 seats and 30 seats, respectively, only was allowed as per the prospectus and the advertisement notice. The appellants approached this Court, like before, seeking direction upon the respondents, particularly, the Medical and Health Department, Government of Rajasthan, to allot students as per their sanctioned intake of 100/120 50% through the Department and 50% through the Rajasthan Private Nursing School Federation, or in the alternative, to permit them to make selections and admit students on their own.

(3.) As would appear from the facts stated hereinafter, the so-called reduction of the seats/intake capacity was pursuant to the decision of the Indian Nursing Council (hereinafter referred to as the 'Central Council'), but it was not impleaded as party respondent in S.B. Civil Writ Petition No. 804/2005 giving rise to D.B. Civil Special Appeal No. 622/2005, and S.B. Civil Writ Petition No. 992/2005 giving rise to D.B. Civil Special Appeal No. 599/2005. Curiously, its name was typed in the array of respondents in the cause title but the same was scored out. Having regard to the binding nature of the norms fixed by the .Central Council, which would be evident from the following discussion, these appeals are fit to be summarily dismissed on the ground of non-joinder of necessary party, but considering that the writ petitions were decided on merit and the stand of the Central Council is on record in D. B. Civil Special Appeal Nos. 618 and 621 of 2005 and, therefore, there is no difficulty in deciding them on merit, we do not propose to summarily dismiss said appeals i.e. D.B. Civil Special Appeal Nos. 599 and 622 of 2005.