Rajasthan High Court - Jaipur
Shri Hari Adarsh Pharmacy College vs Rajasthan University Of Health ... on 20 November, 2020
Author: Ashok Kumar Gaur
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 13524/2020
Slbs Pharmacy College, Nh-112 Jodhpur- Jaipur National
Highway, Jodhpur Through Its Director Priyanka Godara W/o
Jitendra Godara, Age 41 Years, R/o 357, Lakshmi Nagar, Paota B
Road Jodhpur, Jodhpur Kachery, (Rajasthan)
----Petitioner
Versus
Rajasthan University Of Health Sciences, Kumbha Marg, Pratap
Nagar, Jaipur Through Its Registrar.
----Respondent
S.B. Civil Writ Petition No. 13539/2020 Global College Of Pharmacy, Sanwali Road Bypass Circle, Chandpura, Sikar Through Its Secretary Moolchand Ranwa S/o Rameshwar Lal, Age 40 Years, R/o V.p.o. Bhunwal, Via Tatanwa, Teh.dhod, District Sikar (Rajasthan)
----Petitioner Versus Rajasthan University Of Helalth Sciences, Kumbha Marg, Pratap Nagar, Jaipur Through Its Registrar.
----Respondent S.B. Civil Writ Petition No. 13540/2020 Times Pharmacy College, 10Hmh, Tibbi-Gurusar Road, Hanumangarh Town Through Its Vice Principal Naval Kishor Dubey S/o Kalyan Prashad Dubey, Age 53 Years, R/o 9/gh/l/8/3, Alaknanda Apartment, Haldighati Marg, Pratap Nagar, Sanganer, Jaipur (Rajasthan).
----Petitioner Versus Rajasthan University Of Health Sciences, Kumbha Marg, Pratap Nagar, Jaipur Through Its Registrar.
----Respondent S.B. Civil Writ Petition No. 13541/2020 (Downloaded on 20/11/2020 at 08:55:12 PM) (2 of 6) [CW-13524/2020] Global Pharmacy College, Kuchaman City, Nagaur, Through Its Secretary Sultan Singh Thalod Son Of Shri Rameshwar Lal, Aged About 37 Years, Resident Of Raghunathpura, Khud, Sikar(Raj.).
----Petitioner Versus Rajasthan University Of Health Sciences, Kumbha Marg, Pratap Nagar, Jaipur Through Its Registrar.
----Respondent S.B. Civil Writ Petition No. 13542/2020 Sanjeevan College Of Pharmacy, Saraswati Complex, Jaipur- Agra Road, Dausa Through Its Principal Anoop Singh S/o Badam Singh, Age 46 Years, R/o 105, Shreeji, Durgapura, Tonk Road, Jaipur,(Raj.)
----Petitioner Versus Rajasthan University Of Health Sciences, Kumbha Marg, Pratap Nagar, Jaipur Through Its Registrar.
----Respondent S.B. Civil Writ Petition No. 13543/2020 Sufiya College Of Pharmacy, Old Industrial Area, Near Basni Choraha, Nagaur Through Its Secretary Javed Akhtar S/o Sabir Hussain, Age 34 Years, R/o H.no. 369 A, Bichla Bas, Nagaur (Rajasthan).
----Petitioner Versus Rajasthan University Of Health Sciences, Kumbha Marg, Pratap Nagar, Jaipur Through Its Registrar.
----Respondent S.B. Civil Writ Petition No. 13553/2020 Bharti Pharmacy College, Snehlata Poddar Colony, Near Nh-52, Reengus, Sikar Through Its Secretary Radhakishan Ranwa S/o Parta Ram Ranwa, Age 42 Years, R/o Ward No. 20, Bhartiya Sr. Secondary School, Reengus, Teh. Shrimadhopur, District Sikar (Downloaded on 20/11/2020 at 08:55:12 PM) (3 of 6) [CW-13524/2020] (Rajasthan).
----Petitioner Versus Rajasthan University Of Health Sciences, Kumbha Marg, Pratap Nagar, Jaipur Through Its Registrar.
----Respondent S.B. Civil Writ Petition No. 13560/2020 Aman Pharmacy College, Dhola Kheda, Udaipurwati Jhunjhunu Through Its Assistant Vice Principal Rajesh Kumar S/o Ranjeet Singh, Age 27 Years, R/o V.p.o. Kaseru, Tehsil Nawalgarh, District Jhunjhunu,(Raj.).
----Petitioner Versus Rajasthan University Of Health Sciences, Kumbha Marg, Pratap Nagar, Jaipur Through Its Registrar.
----Respondent S.B. Civil Writ Petition No. 13570/2020 Shri Hari Adarsh Pharmacy College, V.p.o. Borunda, Teh. Pipar City, Jodhpur Through Its Secretary Ashok Kumar S/o Mohan Lal, Age 40 Years, R/o V.p.o. Borunda, Teh. Pipar City, District Jodhpur (Rajasthan)
----Petitioner Versus Rajasthan University Of Health Sciences, Kumbha Marg, Pratap Nagar, Jaipur Through Its Registrar.
----Respondent For Petitioner(s) : Mr. Vijay Poonia, Adv.
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR Order 20/11/2020 Registry is directed to connect all these matters together. (Downloaded on 20/11/2020 at 08:55:12 PM)
(4 of 6) [CW-13524/2020] Learned counsel for the petitioner submitted that the petitioner is a Pharmacy College and for the purpose of affiliation for the Academic Year 2019-20 Annual Admission Fee was Rs.1,67,500/-.
Learned counsel submitted that for the Academic Session 2020-21, Affiliation Fee was increased from Rs.1,67,500/- to Rs.1,92,500/-. Learned counsel submitted that the Board of Management in its 124th meeting drawn the minutes on 27th December, 2019, decided to send the matter to the Chancellor for his approval for increase of Affiliation Fee.
Learned counsel for the petitioner submitted that without getting proper approval from the Competent Authority, the increased Affiliation Fee was sought to be recovered for the Academic Session 2020-21 from the petitioner-Institution and other Institutions.
Learned counsel submitted that this Court had passed an interim order in SB Civil Writ Petition No.1276/2020 (All India Association of Unaided Private Institutions (AIAUPI) Vs. Rajasthan University of Health Sciences) dt. 22nd January, 2020, whereby direction was given that if members of Association deposit the affiliation fee with the respondent-University for the previous Academic Sessions 2019-20, no coercive action shall be taken against the members of the petitioner Association.
Learned counsel submitted that the Institution/s, which were affiliated to Union i.e. All India Association of Unaided Private Institutions accordingly deposited the affiliation fee, which was prevalent for the year 2019-20.
Learned counsel submitted that the requisite details were also sought from All India Association of Unaided Private (Downloaded on 20/11/2020 at 08:55:12 PM) (5 of 6) [CW-13524/2020] Institutions by the Private University with respect to the list of members, who have authorized the said Union to file writ petition before the High Court.
The said letter was replied back by the Association informing that there are as many as 54 Pharmacy Colleges and 146 Nursing Colleges.
Learned counsel submitted that now by the impugned order dated 5th November, 2020, it has been informed to the petitioner that since they have not deposited the complete Affiliation Fee for the year 2020-21, as such their affiliation form will not be accepted and money deposited by them for affiliation will be returned after deducting 10% Processing Fee.
Learned counsel submitted that the petitioner- Institution is now deprived to participate in the process of admission as students are yet to be admitted after the written examination to be conducted by the respondent-University.
Learned counsel submitted that process has been issued by the respondent-University for online examination by the candidates then after completion of such exercise, the students will be given option to give choice of all Institutions.
Learned counsel submitted that due to impugned action of the respondents, the petitioner-Institution is now on the verge of closing, as affiliation has not been extended for the Academic Session 2020-21.
Issue notice of the writ petition as well as stay application, returnable on 25th November, 2020. Notices be given 'dasti', if prayed.
Additionally, copy of the writ petition along-with copy of this order be served in the office of Mr.Ravi Chirania, Adv. (Downloaded on 20/11/2020 at 08:55:12 PM)
(6 of 6) [CW-13524/2020] Registry is directed to reflect the name of Mr. Ravi Chirania, Adv. in the cause-list.
List the matter on 25th November, 2020. A copy of this order be separately placed in each file.
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