- (1.) THERE is delay in filling the intra -court appeals. For the reasons stated in the applications under Section 5 of the Limitation Act duly supported by affidavits, delay is condoned. Accordingly, civil misc. applications are disposed of.
(2.) DEFECTS are waived. The intra -court appeals have been preferred by State of Rajasthan as well as Rajasthan Nursing Council (hereinafter referred to as 'RNC') questioning sustainability of the common order dt. 22.11.2011 passed by Single Bench holding that for starting General Nursing & Midwifery Course (hereinafter referred to as 'GNM Course'), permission of State Government is not required, as such, the RNC should not insist the petitioners -institutions to obtain No Objection Certificate (hereinafter referred to as 'NOC') or Essentiality Certificate from the State Government and direction was issued to the RNC to consider the application of petitioners -institutions for additional recognition/affiliation for GNM Course.
(3.) FACTS in short are that the petitioners -institutions are running B.Sc. Nursing Colleges. They have obtained NOC from the State of Rajasthan to running the said Colleges. However, they desired to start GNM & ANM Course, which is of school level, as such, they applied to the Indian Nursing Council (hereinafter referred to as 'the INC') established under the Indian Nursing Council Act, 1947 (hereinafter referred to as 'the Act of 1947'). The INC granted approval to commence GNM Course, however, subject to approval by the RNC. Thereafter, they have also applied for further recognition/affiliation of GNM Course before the RNC, which has been established under the provisions of the Rajasthan Nurses Midwives, Health Visitors and Auxiliary Nurses Midwives Registration Act, 1964 (hereinafter referred to as 'the Act of 1964').;