Rajasthan High Court - Jaipur
Gurukul Pharmacy College vs Rajasthan University Of Health ... on 31 May, 2019
Bench: Mohammad Rafiq, Narendra Singh Dhaddha
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Writ Petition No. 8644/2019
Bharti Pharmacy College
----Petitioner
Versus
Rajasthan University Of Health Sciences
----Respondent
Connected With
1. D.B. Civil Writ Petition No. 8634/2019
2. D.B. Civil Writ Petition No. 8635/2019
3. D.B. Civil Writ Petition No. 8637/2019
4. D.B. Civil Writ Petition No. 8638/2019
5. D.B. Civil Writ Petition No. 8639/2019
6. D.B. Civil Writ Petition No. 8640/2019
7. D.B. Civil Writ Petition No. 8642/2019
8. D.B. Civil Writ Petition No. 8643/2019
9. D.B. Civil Writ Petition No. 8645/2019
10. D.B. Civil Writ Petition No. 8646/2019
11. D.B. Civil Writ Petition No. 8647/2019
12. D.B. Civil Writ Petition No. 8648/2019
13. D.B. Civil Writ Petition No. 8649/2019
14. D.B. Civil Writ Petition No. 8650/2019
15. D.B. Civil Writ Petition No. 8651/2019
16. D.B. Civil Writ Petition No. 8652/2019
17. D.B. Civil Writ Petition No. 8653/2019
18. D.B. Civil Writ Petition No. 8723/2019
19. D.B. Civil Writ Petition No. 8724/2019
20. D.B. Civil Writ Petition No. 8725/2019
21. D.B. Civil Writ Petition No. 8726/2019
22. D.B. Civil Writ Petition No. 8727/2019
23. D.B. Civil Writ Petition No. 9810/2019
24. D.B. Civil Writ Petition No. 9186/2019
For Petitioner(s) : Mr. Vijay Poonia with
Mr. Anil Kumar
For Respondent(s) : Mr. Mahendra Singh Singhvi, Advocate
General, assisted by
Mr. Raunak Singhvi and Mr. Darsh
Pareek, for respondent State
Mr. Dinesh Yadav and Mr. Ravi Chirania
for respondent RUHS
Mr. Vinod Kumar Gupta for respondent
A.I.C.T.E. (Downloaded on 29/06/2019 at 05:36:25 AM) (2 of 4) [CW-8644/2019] HON'BLE MR. JUSTICE MOHAMMAD RAFIQ HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 31/05/2019 Issue notice to respondents of Writ Petition No.9810/2019. The respondents in this writ petition are duly represented by their respective counsel appearing in other matters, therefore, they accept notices on their behalf also. Hence service is complete.
All these writ petitions are filed by different institutions, inter alia, with the prayer that the condition of obtaining 'no objection certificate' from the State Government, imposed by the respondent Rajasthan University of Health Sciences, Jaipur (for short, 'the respondent- University'), for processing their applications for grant of affiliation for the Diploma in Pharmacy/Bachelor in Pharmacy for the Academic Session 2019-20, be quashed and set aside. The validity of Ordinance 80 of the University of Rajasthan, as amended/substituted by Notification dated 15.06.2017, which provides for imposition of penalty equal to the amount of the affiliation fee in cases of submission of the applications for grant of affiliation, has also been challenged on the ground of it having not received approval of the Chancellor within two weeks.
Mr. Vijay Poonia, learned counsel for petitioners has relied on the judgment of the Supreme Court in Jaya Gokul Educational Trust Vs. Commissioner & Secretary to Government Higher Education Department - (2000) 5 SCC 231, and Parshvanath Charitable Trust & Others Vs. All India Council for Technical Education & Others - (2013) 3 SCC 385, argued that the Supreme Court in those cases has affirmatively held that Section 10(k) of the All India Council for Technical Education Act, 1987, occupied the field relating to the "grant of approvals" for establishing technical institutions and the (Downloaded on 29/06/2019 at 05:36:25 AM) (3 of 4) [CW-8644/2019] provisions of the Central Act alone were to be complied with. It further held that so far as the provisions of the University Act or its statutes were concerned, they merely required the University to obtain the "views" of the State Government. That could not be characterized as requiring the "approval" of the State Government. If the University statute could be so interpreted, such a provision requiring approval of the State Government would be repugnant to the provisions of Section 10(k) of the AICTE Act, 1987.
It is contended that the singular reason given by the respondent- University for refusing grant of affiliation is non-grant of NOC by the State in the light of the Circular dated 10.09.2012. The action of the respondent-University therefore is illegal, particularly when the AICTE has already granted approval on 15.04.2019 with intake of 60 students in all these matters whether it be Diploma in Pharmacy or Bachelor in Pharmacy.
Learned Single Judge of this Court in S.B. Civil Writ Petition No.7730/2019 - Shri Balaji Institute of Pharmacy Vs. State of Rajasthan vide order dated 30.05.2019 and S.B. Civil Writ Petition No.9329/2019
- Shri Dau Baba College of Pharmacy Vs. State of Rajasthan vide order dated 27.05.2019, has already passed interim orders directing the respondent-University to include the names of the petitioners, without insisting on NOC from the State Government in those cases provisionally for allotting students by counselling for D. Pharma First Year 2019-2020.
Mr. M.S. Singhvi, learned Advocate General appearing on behalf of the respondent State, Mr. Dinesh Yadav and Mr. Ravi Chirania, learned counsel for respondent-RUHS, have opposed the writ petitions submitting that unless NOC was granted by the State Government, the respondent-University could not grant affiliation. Their argument is that (Downloaded on 29/06/2019 at 05:36:25 AM) (4 of 4) [CW-8644/2019] there is a presumption with regard to validity of the amended Ordinance 80, supra. As per Section 40(4) of the Rajasthan University of Health Sciences Act, 2005, the requirement is to submit the amended Ordinance made by the Board to the Chancellor is within two weeks and it would be evident from the Notification No.1/2017 dated 15.06.2017 (Annexure-8 to Writ Petition No.8648/2019) that its copy has been endorsed to the O.S.D., Higher Education, Governor's Secretariat, Rajbhawan, Jaipur.
Having regard to the submissions aforesaid, this Court is persuaded to direct the respondent-University to include the names of the petitioners in the panel for allotment of students as per the intake approved by the AICTE for admission to Diploma in Pharmacy/Bachelor in Pharmacy, as the case may be, provisionally for First Year of Academic Session 2019-2020. However, deposit of the enhanced affiliation fee, as per the demand by the respondent-University, shall be subject to the final outcome of the writ petitions. It is made clear that admissions of the students shall be at their risk and consequences, which stipulation shall be included in the letter of their admissions, and also displayed on the website and notice board of the concerned institution/college.
Matters to come up on 10.08.2019.
Office to place a copy of this order in the connected matters. (NARENDRA SINGH DHADDHA),J (MOHAMMAD RAFIQ),J //Jaiman//50 & 69 to 92 (Downloaded on 29/06/2019 at 05:36:25 AM) Powered by TCPDF (www.tcpdf.org)