The Rajasthan High Court has come down heavily on the State authorities for sitting over a No Objection Certificate (NOC) application for more than 8 months despite a clear recommendation by the inspection committee, holding that such inaction defeats statutory guarantees of time-bound public services.
The bench of Justice Sanjeet Purohit was hearing two connected writ petitions—S.B. Civil Writ Petition Nos. 21321/2025 and 21286/2025—filed by Health and Education Care Society, which runs Gupta Nursing College in Udaipur district. The petitions sought a direction to the State to issue an NOC for commencing B.Sc. (Nursing) and GNM courses.
Inspection Report Recommended Approval in July 2025
The petitioner contended that all requisite infrastructure, hospital facilities, and statutory compliances were in place as per norms. An inspection of the institution was conducted on 13 July 2025. However, neither the inspection report was supplied nor any decision communicated for months.
Pursuant to repeated directions of the Court in January and February 2026, the State finally placed the inspection report on record. The report categorically recommended approval for:
- B.Sc. (Nursing) – 30 seats
- GNM – 30 seats
Despite this unequivocal recommendation, the NOC was not issued.
When questioned by the Court about the delay, the State submitted that the matter was pending before a High Power Committee and would be decided in due course. The Court found this explanation unsatisfactory.
Violation of 2024 Guidelines and 90-Day Timeline
The Court examined the 2024 Guidelines for Establishment of Nursing Schools/Colleges/Universities in the Private Sector, which mandate completion of the NOC process within 90 days. The application must be disposed of within 45 days of receipt of the inspection report.
Justice Purohit observed that the respondents’ inaction was in “clear defiance” of their own guidelines and rendered the prescribed timelines nugatory. The Court described the eight-month delay in processing a routine clearance as “deplorable” and indicative of “callous disregard for public interest.”
Court Cites Right to Timely Public Services
The Bench also referred to the Rajasthan Guaranteed Delivery of Public Services Act, 2011, which confers a statutory right to obtain notified services within stipulated timelines. Sections 4 and 5 of the Act require designated officers either to provide the service within the prescribed period or reject the application with recorded reasons.
The Court held that by sitting over the petitioner’s application for an inordinate period, the authorities had acted in derogation of the statutory mandate and frustrated the very object of the 2011 Act, which seeks to eliminate administrative inertia and ensure accountability.
Legitimate Expectation and Administrative High-Handedness
Observing that once an inspecting committee records unqualified satisfaction and recommends grant of NOC, the institution acquires a legitimate expectation of time-bound processing, the Court said such delays erode public faith in governance.
The Bench noted that repeated judicial intervention had become necessary even for routine steps such as inspection, supply of inspection reports, and grant of final NOCs, effectively turning the Court into a “de facto regulator.”
The Court also expressed concern that application fees were being collected while files remained pending without tangible progress.
Direction to Frame ‘Rajasthan Grant of NOC Framework-2026’
Taking note of systemic deficiencies, the Court directed the State to formulate and notify within eight weeks a comprehensive “Rajasthan Grant of NOC/Approval/Permission (Education) Framework-2026.”
The framework must:
- Establish a fully digitised online portal
- Enable real-time tracking of applications
- Prescribe stage-wise strict timelines
- Designate nodal officers for accountability
- Mandate timely uploading of inspection reports
- Incorporate penalty provisions for delays
- Ensure transparency and RTI compliance
The Chief Secretary of Rajasthan has been directed to ensure compliance with these directions.
Warning of Heavy Personal Costs
While the Court considered imposing heavy costs on the State for causing avoidable litigation and wasting judicial time, it refrained from doing so at this stage upon assurance from the Additional Advocate General that the NOC would be granted within 15 days.
However, the Court made it clear that if the NOC is not issued within the stipulated period, it would initiate appropriate action, including imposition of heavy personal costs on the concerned officer.
Case Details
Case Title: Health And Education Care Society Versus The State Of Rajasthan
Citation: JURISHOUR-32-HC-2026(Raj)
Case No.: S.B. Civil Writ Petition No. 21321/2025
Date: 16/02/2026
Counsel For Petitioner: Shreyansh Mardia
Counsel For Respondent: N.S. Rajpurohit, AAG
