- (1.) THIS intra-court appeal is directed against the order dated 19.03.2012 as passed in CWP No.12077/2010 whereby the learned Single Judge of this Court, while following the order dated 21.11.2011 as passed in CWP No.11239/2011 at the Jaipur Bench of this Court, made similar nature observations to the effect that the petitioner-Institution (the respondent herein) was not required to obtain NOC/Essentiality Certificate from the State Government; and that the Rajasthan Nursing Council was under statutory obligation to fairly consider the application of the petitioner bearing in mind the fact that the petitioner-Institution had been granted approval for the concerned course by the Indian Nursing Council. The directions were, accordingly, issued to the Rajasthan Nursing Council, for deciding the application made by the petitioner-Institution.
(2.) THE learned counsel for the appellants submits that the propositions as adopted in the order impugned have not been approved by a Division Bench of this Court in its judgment dated 24.08.2012 as rendered in a batch of intra-court appeals led by SAW No.568/2012 while holding that it was imperative for the Institution to obtain NOC/Essentiality Certificate from the State Government. The learned counsel, however, frankly informs that so far the present case is concerned, the Government has issued the necessary NOC in its order dated 21.08.2012 and pursuant thereto, the Rajasthan Nursing Council has issued the necessary affiliation to the respondent Institution by its order dated 17.09.2012. The learned Government Counsel candidly submits, and rightly so, that in view of the orders passed in relation to the petitioner-Institution, this intra- court appeal is rendered infructuous. In view of the above, without any comment on the merits of the case, this appeal is dismissed as infructuous.;