RAWAT NURSINGH COLLEGE Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) All these petitions relate to the enrollment of the students of the petitioners-colleges in the Rajasthan University of Health Sciences (for short, 'RUHS') for the subject of post basic B.Sc. Nursing course for the academic year 2016-17 and writing the end Year Annual Examinations. The issues agitated in these petitions are stated to be identical by counsel for the contesting parties with little variation of facts - quite irrelevant to the decision of the these petitions. All the five petitions are therefore being disposed of by this judgment.

(2.) It is an admitted fact that the petitioner - colleges have been granted recognition of AY 2016-17 by the Indian Nursing Council (for short, 'INC') for the post basic B.Sc. Nursing Course under the Indian Nursing Council Act, 1947. It is also an admitted fact that the petitioner-Colleges under the orders of this Court have conducted post basic B.Sc. Nursing Course in the previous over 5 years, during which following the recognition granted by the INC, they were affiliated by the RUHS under directions issued by this Court from time to time. The students admitted to Post Basic B.Sc Nursing Course have over these years written the exams year to year and their result declared. However in respect of academic year 2016-17, despite the continuing recognition of INC, the petitioner-colleges were not affiliated by the RUHS on the ground that requisite NOCs had not been issued by the State Government. No other cause for non-affiliation was/ has been given out. The State Government has however subsequently issued NOCs to the petitioners- colleges for the post basic B.Sc. Nursing course 2016- 17 on 17th May/17th July, 2017. The RUHS, however, has now delinked the State NOC and the affiliation issue and not yet issued affiliation on the ground that academic session 2016-17 having commenced some time in July, 2016 the NOCs belatedly issued by the State Government on 17th May / 17th July, 2017 can be of no avail. The NOCs so issued, if at all can be relevant for future affiliation, is the RUHS's contention.

(3.) Heard. Considered.