Private Physiotherapy, Nursing And … vs State Of Rajasthan on 9 April, 2026

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    Rajasthan High Court – Jodhpur

    Private Physiotherapy, Nursing And … vs State Of Rajasthan on 9 April, 2026

    Author: Pushpendra Singh Bhati

    Bench: Pushpendra Singh Bhati

    [2026:RJ-JD:14461-DB]
    
          HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                           JODHPUR
                   D.B. Writ Misc Application No. 149/2026
    
    Private Physiotherapy, Nursing And Para Medical Institution
    Society, Jaipur, Nursing And Para Medical Institution Society,
    Jaipur Through Its Authorised Signatory Pramod Pal S/o Yashpal,
    Aged About 47 Years Having Its Branch Office At Plot No. 273,
    Subhash Nagar, Pal Road, Jodhpur, Rajasthan.(Res No. 3 In Saw
    No. 945/2025)
                                                                           ----Petitioner
                                           Versus
    1.       State Of Rajasthan, Through Its Secretary, Medical And
             Health Department, Government Of Rajasthan Secretariat
             Jaipur.
    2.       The Rajasthan Nursing Council Jaipur, Through                            Its
             Registrar, B 39, Sardar Patel Marg, C Scheme, Jaipur
    3.       Skill Development Trust, (Maharaja Agarsen College Of
             Nursing) Bikaner Road Suratgarh District Sri Ganganagar
             Rajasthan Through Secretary Shri Naveen Khemka Son
             Shri Govind Ram Khemka Age 41 Years Resident Of
             Govind Ram Khemka E 11, Basant Vihar Colony Suratgarh
             Sri Ganganagar.
    4.       Rajasthan University Of Health And Sciences, Jaipur,
             Having Its Office At Sector 18, Kumbha Marg, Pratap
             Nagar, Jaipur, Rajsthan, Through Shri Harphool Pankaj S/
             o Bhairun Ram Aged About 57 Years,registrar, Ruhs,
             Jaipur (Rajasthan) 302033. (Appellant In Title Of Saw
             No.945/2025).
                                                                        ----Respondents
    
    
    
    For Petitioner(s)            :     Mr. R.N. Mathur, Senior Advocate
                                       assisted by Mr. Himanshu Choudhary,
                                       Mr. Reddy Amar and Mr. Abhishek
                                       Mewara
                                       Dr. Sachin Acharya, Senior Advocate
                                       assisted by Mr. Chayan Bothra
    For Respondent(s)            :     Mr. N.S. Rajpurohit, AAG Assisted by
                                       Mr. B.S. Sodha
                                       Mr. Vinay Kothari (through VC)
                                       Mr. Ayush Goyal
                                       Mr. Bhavyadeep Singh
    
    
    
         HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

    HON’BLE MR. JUSTICE BIPIN GUPTA

    Judgment

    SPONSORED

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    1. Date of conclusion of arguments 27.03.2026

    2. Date on which judgment was reserved 27.03.2026

    3. Whether the full judgment or only the
    operative part is pronounced: Full Judgment

    4. Date of pronouncement 09.04.2026

    Per Dr. Pushpendra Singh Bhati, J:

    1. The present Writ Miscellaneous Application has been

    preferred by the applicant seeking the following reliefs:

    “In view of the facts and circumstances stated hereinabove, it
    is most respectfully prayed that this Hon’ble Court may
    graciously be pleased to:

    A. Clarify and/or suitably modify the order dated 10.11.2025
    (Annex-A5) passed by this Hon’ble Court in the present
    proceedings to the limited extent that the same may not
    operate as a bar on the filling up of the vacant seats in B.Sc.
    Nursing / Post Basic B.Sc. Nursing / GNM / allied courses by
    the member institutions of the Applicant Federation, strictly in
    accordance with the applicable regulatory framework and
    within the timeline prescribed by the competent authorities;
    B. Direct the respondent University to permit and facilitate the
    filling up of the vacant seats in the member institutions of the
    Applicant Federation in accordance with law and in terms of
    the regulatory extension granted by the Hon’ble Supreme
    Court and the Indian Nursing Council;

    C. Direct the respondent University to scrutinize and verify the
    documents and eligibility of the students admitted by the
    member institutions, in conformity with the regulations and
    guidelines of the Indian Nursing Council, and thereafter grant
    enrolment/registration to such eligible students and proceed
    further in accordance with law;

    D. Pass appropriate directions to the respondent University to
    process and recognize the admissions made by the member
    institutions strictly within the extended admission timeline, so
    that the admitted students may be permitted to participate in
    the forthcoming academic activities and examinations;
    E. Pass such other and further order(s) as this Hon’ble Court
    may deem fit and proper in the facts and circumstances of the
    present case.”

    2. Brief facts of the case are that admissions to B.Sc. Nursing,

    Post Basic B.Sc. Nursing and GNM courses for the academic

    session 2025-26 in the State of Rajasthan were being conducted

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    through a centralized counselling process under the aegis of the

    Rajasthan University of Health Sciences (RUHS). During the

    course of counselling, disputes arose regarding participation of

    certain institutions whose No Objection Certificates (NOCs) from

    the State Government were either pending or under consideration,

    which led to filing of writ petitions before the learned Single

    Judge.

    2.1. The learned Single Judge, by way of interim orders passed in

    the said writ petitions, permitted such institutions to participate in

    the counselling process. Aggrieved thereby, RUHS preferred a

    batch of Special Appeals before this Hon’ble Court. The Hon’ble

    Division Bench, vide order dated 19.09.2025 passed in D.B.

    Special Appeal (Writ) No. 945/2025 and connected matters,

    modified the interim orders and directed that only those

    institutions which had been granted valid NOCs by the State

    Government shall be permitted to participate in the counselling

    process, and that counselling shall proceed after the issue of NOCs

    is duly finalized.

    2.2. Thereafter, in subsequent proceedings arising out of the said

    appeals, including a batch of Writ Miscellaneous Applications, this

    Hon’ble Court, vide order dated 10.11.2025, directed that in the

    event the University proposes to conduct any further rounds of

    counselling or to fill up the seats, it shall seek permission from

    this Hon’ble Court.

    2.3. It is averred in the present application that despite multiple

    rounds of centralized counselling conducted by RUHS, a

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    substantial number of seats in nursing courses remained vacant.

    In the meantime, the Hon’ble Supreme Court and the Indian

    Nursing Council extended the last date for admission up to

    31.12.2025, thereby permitting filling up of vacant seats within

    the extended regulatory timeline.

    2.4. The grievance raised in the present application is that the

    respondent-University, relying upon the order dated 10.11.2025,

    issued a communication restraining institutions from filling up

    vacant seats at their own level, even in respect of those

    institutions which possessed valid NOCs and were otherwise

    compliant with the regulatory framework. It is contended that in

    such circumstances, the applicant-institutions granted provisional

    admissions to eligible candidates within the extended timeline,

    which are now not being recognized.

    3. Mr. R.N. Mathur, Senior Advocate assisted by Mr. Himanshu

    Choudhary, Mr. Reddy Amar and Mr. Abhishek Mewara & Dr. Sachin

    Acharya, Senior Advocate assisted by Mr. Chayan Bothra, learned

    counsels for the applicant submitted that the applicant is a

    registered society representing various private nursing and para-

    medical institutions in the State, which are duly established and

    possess valid statutory approvals, including No Objection

    Certificates (NOCs), recognition and affiliation from the competent

    authorities, and have been participating in the centralized

    counselling process in accordance with the governing framework.

    3.1. It was submitted that the grievance raised in the present

    application is confined only to those institutions which were

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    already fully compliant and possessed valid NOCs during the

    counselling process, and had duly participated in all rounds of

    counselling conducted by the respondent-University. It is

    contended that the present application does not concern

    institutions whose approvals were pending or granted belatedly,

    but only such institutions whose eligibility stood crystallized prior

    to or during the counselling process.

    3.2. Learned counsel submitted that the order dated 19.09.2025

    passed by this Hon’ble Court in D.B. Special Appeal (Writ) No.

    945/2025 clearly permitted participation of institutions holding

    valid NOCs and did not impose any restriction upon such

    compliant institutions. It is further submitted that the subsequent

    order dated 10.11.2025 was issued in the context of institutions

    whose NOCs were pending, and cannot be construed as a blanket

    embargo restraining all institutions, including those already

    holding valid NOCs, from filling vacant seats.

    3.3. It is further submitted that despite completion of all rounds of

    centralized counselling, a substantial number of seats remained

    vacant. In the meantime, the Hon’ble Supreme Court as well as

    the Indian Nursing Council extended the last date for admission up

    to 31.12.2025, thereby permitting filling up of vacant seats within

    the extended regulatory framework.

    3.4. Learned counsel contended that in view of the regulatory

    extension and to prevent wastage of sanctioned seats, the

    applicant-institutions granted admissions to eligible candidates

    strictly within the extended timeline, from amongst candidates

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    who had already participated in the centralized entrance process

    and fulfilled all eligibility criteria. It is submitted that such

    admissions were not dehors the rules, but were in consonance

    with the regulatory framework and at best constitute procedural

    irregularities.

    3.5. It was further submitted that as per the regulatory scheme of

    the Indian Nursing Council, admissions made between 01.11.2025

    and 31.12.2025 are treated as an “irregular batch”, with provision

    for separate classes and examinations, thereby indicating that

    such admissions are permissible within the extended timeline and

    are liable to be recognized.

    3.6. Learned counsel further submitted that the respondent-

    University failed to evolve any mechanism or provide any portal

    for submission of admitted students’ details after conclusion of

    counselling, which is otherwise the consistent past practice. It is

    contended that due to such inaction, the applicant-institutions

    could not furnish the list of admitted students in the prescribed

    manner, despite making representations to the University in this

    regard.

    3.7. It is submitted that the admissions were thus made bona fide

    within the regulatory timeline and subject to verification, and the

    applicant is seeking only a limited relief of permitting scrutiny and

    verification of such admissions, and grant of provisional enrolment

    to eligible students.

    3.8. Learned counsel further submitted that the students so

    admitted are otherwise meritorious and eligible, having

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    participated in the entrance process, and had no role in the

    litigation or administrative inaction. It is contended that non-

    recognition of such admissions would result in irreparable

    prejudice to the students by depriving them of an academic year.

    3.9. It was also submitted that the action of the respondent-

    University in permitting institutional level admissions in other

    allied courses such as Para-Medical, Pharmacy and BPT, while

    denying the same for nursing courses, is arbitrary and violative of

    Articles 14 and 19(1)(g) of the Constitution of India.

    3.10. Learned counsel further sought to distinguish the judgment

    in Fortune Foundation v. State of Rajasthan (D.B. Civil Writ

    Petition No. 23307/2025, decided on 11.02.2026) by

    submitting that the said case pertained to institutions which had

    obtained NOCs after completion of counselling and sought

    participation in the counselling process, whereas in the present

    case, the institutions were already eligible, had participated in

    counselling, and are only seeking recognition of admissions made

    against vacant seats within the extended regulatory timeline.

    3.11. On the strength of the aforesaid submissions, it is prayed

    that appropriate clarification/modification be issued to the order

    dated 10.11.2025 to the limited extent that it may not operate as

    a bar on filling up of vacant seats by duly compliant institutions,

    and that the admissions so made be directed to be scrutinized and

    processed in accordance with law.

    3.12. Learned counsel placed reliance on the judgments of the

    Hon’ble Supreme Court in:

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    1. Index Medical College, Hospital and Research Centre vs.
    The State of Madhya Pradesh
    and ors. [Civil Appeal Nos. 867,
    868, 869 of 2021, SLP © Nos. 179, 1109, 1274 of 2021
    decided on 03.02.2021]

    2. S. Tirupathi Rao vs. M. Lingamaiah & Ors. [Civil Appeal
    Nos
    . ___ of 2024 [Arising out of SLP (Civil) Nos. 19748-19749
    of 2022] decided on 22.07.2024]

    3. Ramkrishna Medical College Hospital & Research Centre
    vs. State
    fo Madhya Pradesh (Civil Appeal No. 12235 of 2024
    @ Special Leave Petition © No. 11785 of 2024 with other
    connected matter decided on 07.11.2024)

    4. Mr. N.S. Rajpurohit, Additional Advocate General assisted by

    Mr. B.S. Sodha & Mr. Vinay Kothari (through VC) with Mr. Ayush

    Goyal and Mr. Bhavyadeep SinghPer contra, learned counsel for

    the respondent State and Rajasthan University of Health Sciences

    submitted that the present application is wholly misconceived, not

    maintainable and deserves dismissal.

    4.1. It is submitted that the present application is nothing but a

    circuitous attempt to secure reliefs which already stand declined

    by this Hon’ble Court in Fortune Foundation (Supra). The

    applicant federation seeks to reopen concluded issues under the

    guise of clarification, which amounts to abuse of process of law.

    4.2. Learned counsel submitted that the core principle laid down in

    Fortune Foundation (supra) is not confined to cases of belated

    NOCs, but extends to the broader doctrine that once the

    counselling process has concluded and the academic session has

    substantially progressed, no fresh admissions can be permitted,

    whether directly or indirectly.

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    4.3. It is submitted that the present case, though projected

    differently, in substance seeks regularization of admissions made

    after completion of counselling and during an advanced stage of

    the academic session, which squarely falls within the mischief

    addressed in Fortune Foundation (supra).

    4.4. As regards the reliance placed by the applicant on the

    extension granted by the Hon’ble Supreme Court and the Indian

    Nursing Council, learned counsel submitted that such extension

    cannot be read in isolation or as conferring an independent right

    upon institutions to admit students dehors the statutory

    counselling mechanism.

    4.5. It is submitted that the extension of timeline merely enlarged

    the outer limit for admissions within the regulatory framework, but

    did not dilute or override the mandatory requirement that

    admissions must be undertaken in accordance with the centralized

    counselling process or with due authorization of the competent

    authority.

    4.6. Learned counsel submitted that even assuming that

    institutional level admissions were permissible within the extended

    timeline, the same could not have been undertaken in violation of

    the specific order dated 10.11.2025 passed by this Hon’ble Court,

    which clearly mandated that any further filling up of seats would

    require prior permission of this Hon’ble Court.

    4.7. It is submitted that admittedly, no such permission was

    sought by the applicant institutions before proceeding to grant

    admissions. Therefore, the admissions are not merely irregular but

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    are in direct contravention of a subsisting judicial order, which by

    itself disentitles the applicant from any equitable relief.

    4.8. Learned counsel further submitted that the applicant

    institutions did not furnish the list of admitted students to RUHS

    within time nor subjected such admissions to scrutiny and

    enrollment as required under the governing framework. Thus,

    even procedurally, the admissions lack legitimacy.

    4.9. It is contended that the plea that the case stands on a

    different footing from Fortune Foundation (supra) is

    misconceived. In both situations, the ultimate consequence sought

    is identical, namely, permitting or regularizing admissions after

    the counselling process has concluded and the academic session

    has substantially progressed.

    4.10. Learned counsel submitted that in Fortune Foundation

    (supra), this Hon’ble Court has categorically held that midstream

    admissions, whether by reopening counselling or by permitting

    institutions to admit students at their own level, cannot be allowed

    once a substantial portion of the course has been completed.

    4.11. It is submitted that permitting the present relief would

    effectively result in the same impermissible consequence, namely,

    admission of students after completion of a substantial part of the

    academic curriculum, thereby compromising educational standards

    and defeating the sanctity of the admission schedule.

    4.12. Learned counsel further submitted that the applicant’s

    reliance on alleged past practice or permissions in other courses is

    wholly irrelevant, as nursing courses are governed by a distinct

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    statutory and regulatory framework, which mandates strict

    adherence to timelines and procedure.

    4.13. It is also submitted that the plea of equity on behalf of

    students cannot override the settled legal position that admissions

    made in violation of statutory provisions and judicial orders cannot

    be regularized.

    4.14. Learned counsel placed reliance on the judgments of the

    Hon’ble Supreme Court in:

    (i) Medical Council of India v. Madhu Singh & Ors.[(2002)

    7 SCC 258], wherein it has been held that midstream

    admissions disturb academic discipline and cannot be

    permitted; and

    (ii) D.Y. Patil Medical College v. Medical Council of India &

    Ors. [(2015) 10 SCC 51], wherein the sanctity of the

    academic schedule and cut-off dates has been

    emphasized.

    4.15. It is thus submitted that the extension granted by the

    Hon’ble Supreme Court does not legitimize admissions made in

    violation of the counselling framework or the specific orders of this

    Hon’ble Court, and therefore, the present case is fully covered by

    the ratio of Fortune Foundation (supra).

    4.16. On the strength of the aforesaid submissions, it is prayed

    that the present application be dismissed.

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    5. Heard learned counsel for the parties and perused the

    material available on record as well as the precedents cited at the

    bar.

    6. At the outset, this Court finds that the controversy raised in

    the present application stands squarely covered by the judgment

    rendered by this Hon’ble Court in Fortune Foundation (Supra),

    and no distinguishing feature has been demonstrated so as to

    warrant a departure therefrom.

    6.1. This Court observes that the issues arising in the present

    case are identical to those adjudicated in Fortune Foundation

    (supra), namely, whether after conclusion of the centralized

    counselling process and substantial progression of the academic

    session, institutions can either seek additional admissions or claim

    recognition of admissions made at their own level dehors the

    counselling mechanism.

    6.2. This Court further observes that the present application,

    though styled as one seeking clarification/modification of the order

    dated 10.11.2025, in substance seeks regularization of admissions

    made after conclusion of counselling, which is nothing but an

    indirect attempt to secure the relief expressly declined in Fortune

    Foundation (supra).

    6.3. This Court finds that in Fortune Foundation (supra), it has

    been categorically held:

    “1. No provision under the governing statute, rules, statutes,
    or counseling guidelines permits RUHS to alter, expand, or
    modify this seat matrix once counseling rounds have
    commenced. Consequently, once counseling rounds stood

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    concluded on 04.11.2025, RUHS became functus officio qua
    the seat matrix for Academic Session 2025-26 ”

    6.4. This Court observes that permitting recognition of

    admissions made at the institutional level would necessarily

    amount to altering a concluded seat matrix, which is

    impermissible in law.

    6.5. This Court further observes that the Hon’ble Division Bench

    has clearly held:

    “The right to establish an institution cannot be equated with a
    right to insist upon student allotment for a concluded
    academic session.”

    6.6. This Court finds that the applicant seeks to assert precisely

    such a right, which stands negated by the aforesaid authoritative

    pronouncement.

    6.7. This Court further observes that the Hon’ble Court has

    expressly held:

    “What cannot be permitted directly, namely midstream
    admission of students, cannot be permitted indirectly by
    allowing midstream inclusion of an institution resulting in the
    same consequence.”

    6.8. This Court finds that the admissions sought to be regularized

    herein are midstream admissions in effect, having been made

    after conclusion of counselling, and thus fall squarely within the

    prohibition laid down.

    6.9. This Court further observes that the academic session has

    substantially progressed and the Hon’ble Court has held:

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    “With the academic session substantially progressed, any
    direction for additional counselling or institutional admissions
    would disturb academic discipline and educational standards.”

    6.10. This Court finds that the same factual position obtains in the

    present case, and therefore, no indulgence can be granted.

    6.11. This Court further finds that the conduct of the applicant-

    institutions disentitles them to any equitable relief. Despite the

    clear direction contained in the order dated 10.11.2025 that in

    case the University proposes to proceed with further counselling or

    filling of seats, it shall seek permission from this Court,

    admittedly, no such application seeking permission was moved

    prior to making the impugned admissions. This Court further

    observes that the admissions were thus undertaken unilaterally

    and in conscious disregard of the subsisting judicial directions, and

    therefore, cannot be clothed with legality at a subsequent stage.

    6.12.This Court also finds that the applicant-institutions failed to

    furnish the list of such admitted students to the respondent-

    University within the relevant time, nor were such students ever

    subjected to scrutiny or enrollment by RUHS in accordance with

    the statutory framework. This Court observes that in absence of

    timely disclosure and verification, no vested or enforceable right

    can accrue either in favour of the institutions or the students so

    admitted.

    6.13.This Court further observes that the regulatory cut-off date

    for admissions cannot be extended or circumvented, as held in

    Fortune Foundation (supra). This Court finds that the reliance

    placed on extension of timelines by the Hon’ble Supreme Court or

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    the Indian Nursing Council does not assist the applicant, inasmuch

    as such extension cannot validate admissions made dehors the

    prescribed counselling mechanism and in violation of judicial

    directions.

    6.14.This Court further observes that the pleas of legitimate

    expectation, hardship and discrimination stand rejected in Fortune

    Foundation (supra), and no new circumstance has been shown to

    take a different view. This Court thus finds that the present

    application is a clear attempt to regularize admissions made in

    contravention of the statutory scheme as well as binding judicial

    directions.

    6.15. Consequently, in view of the binding precedent laid down in

    Fortune Foundation (supra), coupled with the conduct of the

    applicant as noticed hereinabove, this Court does not find any

    merit in the present application.

    6.16.The present Writ Miscellaneous Application stands

    dismissed.

    (BIPIN GUPTA),J (DR.PUSHPENDRA SINGH BHATI),J

    SKant/-

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