Rajasthan High Court Pulls Up Medical Dept For 'Deliberate Non-Compliance' Of Court Orders; Directs Principal Secy To Appear
While opining the conduct of the department to be reflective of “deliberate non-compliance” and “absolute disregard and disrespect”, towards the Court's orders, Rajasthan High Court directed the Principle Secretary, Medical and Health, to be present before the Court, physically or via video conferencing, and file a personal affidavit regarding the delay in compliance.
The bench of Justice Sanjeet Purohit was hearing a petition filed by a college aggrieved from inaction on part of the State towards the petitioner's application for NOC for establishment of a Physiotherapy institution.
The petitioner had initially applied for such permission and NOC on which no action was taken by the State. This led to the petitioner filing a petition before the Court in 2023 wherein the Court had ordered the State to consider the application of the petitioner within 3 months.
Even after filing representation, no inspection was conducted by the respondent that resulted in the petitioner filing a contempt petition before the Court. Eventually the inspection was conducted by the State but the report was not provided to the petitioner. An RTI was filed by the petitioner on which no reply was received.
Hence, the petition was filed by the petitioner alleging that despite having a positive report, NOC was not being granted for establishment of the college.
In this matter, the Court had ordered the State to place the inspection report on record in November 2024, following by same directions in November 2025, when last opportunity was provided. However, despite the same, further time was sought by the State.
In this background, the Court observed, “This is not a standalone instance. In several other matters, where similar directions were issued by this Court to place on record inspection reports of institutions, respondent Department, has failed to comply with the same, which indicates flaws, non-transparency, and lack of accountability on the part of Respondent Department.”.
Accordingly, the Principle Secretary, Medical & Health Department was directed to be present before the Court on February 25, 2026, physically or through video conferencing, and file a personal affidavit regrading the delay caused in compliance with the orders passed by the Court.
Title: M.r. College of Physiotherapy
Citation: 2026 LiveLaw (Raj) 67
For Petitioner: Ms. Shaambhavi Bhansali Mardia
For Respondents: Mr. N.S. Rajpurohit