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Judgment
This appeal has been preferred by the appellant assailing judgment dated 12.07.2018 passed by the learned Single Judge of this Court whereby writ petition filed by the appellant has been dismissed on the ground that No Objection Certificate (for short 'the NOC') for the period of two years was granted in favour of the appellant on 28.02.2012 which came to an end on 28.02.214 and as on that date, there was no NOC in existence in favour of the appellant.
Learned counsel for the appellant has however submitted that the Rajasthan Nursing Council (for short 'the RNC') vide letter dated 11.10.2017 has required the institutions to apply for renewal of the NOC in all such cases where NOC was earlier stayed by the State Government vide order dated 08.08.2013 on account of investigation pending against them in the Anti Corruption Bureau.
Learned counsel for the respondent-RNC submits that it is the State Government and not the RNC, which has to issue the NOC and the RNC on the basis of that NOC granted by the State Government, merely conducts the inspection of the institution and on that basis the institute is allotted students by the Rajasthan University of Health Sciences.
Having regard to the facts aforesaid and upon perusing order dated 08.08.2013, this Court find that it was the State Government and not the RNC, which has directed that NOC granted in respect of as many as 26 institutions including the appellant, whose name was mentioned at Serial No. 13, be not acted upon till further orders. The appellant has to therefore approach the State Government by filing fresh application for grant of fresh NOC. Learned counsel for the appellant at this stage submitted that the appellant has already deposited a sum of Rs. 2,31,500/- with the RNC. If that be so, the appellant may apply for fresh NOC with the State Government and upon grant of the NOC, it may request the RNC to make use of aforesaid amount so deposited by the appellant and deposit differential amount of fees for the purpose of inspection, if in the meantime, inspection fees has been increased. Appropriate order on the application of the appellant be passed by the State Government within a period 30 days from the date of its approaching.
With the aforesaid direction, appeal stands disposed of. Stay Application No. 14089/2018 and Application No. 91484/2018 also stand disposed of.