In a significant ruling, the Rajasthan High Court, Jodhpur, dismissed a writ petition filed by the Indira Education Institute of Nursing and imposed a hefty fine of ₹5,00,000 on the petitioner. The judgment was delivered by Justice Dinesh Mehta in the case Indira Education Institute of Nursing v. State of Rajasthan & Ors. (S.B. Civil Writ Petition No. 13307/2024). The court found the petitioner guilty of filing a writ petition in defiance of an earlier court order and misleading the court by withholding crucial information.
Background of the Case
The petitioner, Indira Education Institute of Nursing, represented by Dr. Ram Sagar Nagar, Director of the institute, had approached the High Court seeking permission to admit 100 students into the General Nursing and Midwifery (GNM) course for the academic session 2024-2025. The petitioner also sought inclusion in the list of eligible institutions for counselling, along with directions to the respondent authorities for seat enhancement.
This was not the first time the petitioner had approached the court. In a similar case filed for the previous academic year (2022-2023), the court had passed an order on November 7, 2023, directing the petitioner to apply for a fresh No Objection Certificate (NOC) if they wished to continue offering courses in future academic years. The court had categorically stated that failure to apply for an NOC before filing another writ petition would be considered a violation of its order.
Key Legal Issues Involved
The primary legal issue revolved around whether the petitioner could continue admitting students and seeking relief from the court without adhering to the previous court directive, which mandated obtaining a fresh NOC from the State Government or the Rajasthan Nursing Council for every academic session.
The respondents, represented by Mr. N.S. Rajpurohit, Additional Advocate General, and Ms. Ruchi Parihar, argued that the petitioner had neither applied for a new NOC nor mentioned the previous court order in the current writ petition, despite being fully aware of it.
Court’s Findings and Observations
The court expressed strong disapproval of the petitioner’s actions, highlighting that despite the explicit requirement to apply for an NOC, the petitioner institute failed to do so. The court noted that the petitioner had approached the court several times within a short span, citing urgency and omitting the crucial information of the earlier directive.
Justice Dinesh Mehta remarked:
“It is surprising rather startling to note that in the earlier round of litigation, the petitioner was represented by none other than the counsel who is representing it in the present writ petition. It is easier said than believed that the petitioner omitted to produce copy of the earlier order dated 07.11.2023 passed by this Court.”
The court further condemned the non-disclosure of the previous order and emphasized that this amounted to misleading the court. The court remarked:
“Filing of the present writ petition is therefore, clearly in defiance of the earlier order passed by Co-ordinate Bench of this Court. And then, non-disclosure of earlier writ petition and not bringing the said order to the notice of the Court is like adding fuel to fire – it cannot be taken lightly.”
The Court’s Decision
The court unequivocally dismissed the writ petition and imposed a fine of ₹5,00,000, directing that the amount be paid to the State Government. The court ordered that the funds should be utilized for the welfare of nurses in the Tribal Sub-Plan (TSP) area.
In a stern warning, the court stated that if the petitioner failed to pay the penalty within two months, the amount would be recovered as arrears of land revenue. Moreover, the State Government would have the authority to de-recognize the institute.
The court also refrained from initiating contempt proceedings, considering that the fine imposed was substantial.
Case Details:
– Case Name: Indira Education Institute of Nursing v. State of Rajasthan & Ors.
– Case Number: S.B. Civil Writ Petition No. 13307/2024
– Bench: Justice Dinesh Mehta
– Petitioner’s Lawyers: Mr. Ankur Mathur and Mr. Harshvardhan Singh
– Respondent’s Lawyers: Mr. N.S. Rajpurohit (AAG), assisted by Ms. Ruchi Parihar
