Rajasthan High Court - Jaipur
Dr. Prakarati D/O Dr. Prabhu Dayal vs Rajasthan University Of Health Science ... on 17 November, 2025
Author: Ashok Kumar Jain
Bench: Ashok Kumar Jain
[2025:RJ-JP:46225]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 8158/2025
1. Dr. Prakarati D/o Dr. Prabhu Dayal, Aged About 50 Years,
C/o Assistant Professor, Department Of Anatomy, Ruhs,
Jaipur, Sector 18 Kumbha Marg, Pratap Nagar, Jaipur.
2. Dr. Vinita Garg W/o Mr. Atul Agrawal, Aged About 52
Years, Presently Posted As Senior Professor, Department
Of Obstetrics And Gynecology, Ruhs, Jaipur, Sector 18
Kumbha Marg, Pratap Nagar, Jaipur.
3. Dr. Reshu Gupta D/o Subhash Gupta, Aged About 46
Years, Presently Posted As Professor, Department Of
Physiology, Ruhs, Jaipur, Sector 18 Kumbha Marg, Pratap
Nagar, Jaipur
4. Dr. Jitendra Ahuja S/o Dr. Jawahar Lal Ahuja, Aged About
47 Years, Presently Posted As Senior Professor,
Department Of Biochemistry, Ruhs, Jaipur, Sector 18
Kumbha Marg, Pratap Nagar, Jaipur.
5. Dr. Radha Sharma W/o Dr. Neeraj Nagaich, Aged About
49 Years, Presently Posted As Assistant Professor,
Department Of Pathology, Ruhs, Jaipur, Sector 18
Kumbha Marg, Pratap Nagar, Jaipur.
6. Dr. Monika Gupta W/o Dr. Sanjay Kumar Mittal, Aged
About 47 Years, Presently Posted As Professor,
Department Of Anatomy, Ruhs, Jaipur, Sector 18 Kumbha
Marg, Pratap Nagar, Jaipur.
7. Dr. Priyanka Jain W/o Rahul Sharma, Aged About 48
Years, Presently Posted As Assistant Professor,
Department Of Biochemistry, Ruhs, Jaipur, Sector 18
Kumbha Marg, Pratap Nagar, Jaipur.
8. Dr. Md. Abbas Ali S/o Tahir Ali Zaidi, Aged About 49 Years,
Presently Posted As Senior Professor, Department Of
General Surgery, Ruhs, Jaipur, Sector 18 Kumbha Marg,
Pratap Nagar, Jaipur.
9. Dr. Vaseem Naheed Baig S/o Waheed Baig, Aged About
49 Years, Presently Posted As Senior Professor,
Department Of Psm, Ruhs, Jaipur, Sector 18 Kumbha
Marg, Pratap Nagar, Jaipur.
10. Dr. Gaurav Dalela S/o Lt. S. K. Dalela, Aged About 49
Years, Presently Posted As Senior Professor, Department
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Of Microbiology, Ruhs, Jaipur, Sector 18 Kumbha Marg,
Pratap Nagar, Jaipur.
11. Dr. Varun Kumar Saini S/o Kanhaiya Lal Saini, Aged About
45 Years, Presently Posted As Professor, Department Of
Anesthesia, Ruhs, Jaipur, Sector 18 Kumbha Marg, Pratap
Nagar, Jaipur.
12. Dr. Manish Khandelwal S/o M C Gupta, Aged About 45
Years, Presently Posted As Professor, Department Of
Anesthesia, Ruhs, Jaipur, Sector 18 Kumbha Marg, Pratap
Nagar, Jaipur.
13. Dr. Sandeep Kothari S/o Dr. D. P. Kothari, Aged About 44
Years, Presently Posted As Professor, Department Of
Anesthesia, Ruhs, Jaipur, Sector 18 Kumbha Marg, Pratap
Nagar, Jaipur.
14. Dr. Raghav Mehta S/o J.m. Mehta, Aged About 45 Years,
Presently Posted As Professor, Department Of Ent, Ruhs,
Jaipur, Sector 18 Kumbha Marg, Pratap Nagar, Jaipur.
15. Dr. Munesh Kumar S/o Suresh Mohan Gupta, Aged About
50 Years, Presently Posted As Professor, Department Of
Gastroenterology, Ruhs, Jaipur, Sector 18 Kumbha Marg,
Pratap Nagar, Jaipur.
16. Dr. Sunil Gupta S/o G. P. Gupta, Aged About 50 Years,
Presently Posted As Professor, Department Of
Biochemistry, Ruhs, Jaipur, Sector 18 Kumbha Marg,
Pratap Nagar, Jaipur.
17. Dr. Nilofar Khayyam W/o Dr. Khayyam, Aged About 48
Years, Presently Posted As Professor, Department Of
Microbiology, Ruhs, Jaipur, Sector 18 Kumbha Marg,
Pratap Nagar, Jaipur.
18. Dr. Punam Jakhar W/o Dr. Rajesh Choudhary, Aged About
40 Years, Presently Posted As Assistant Professor,
Department Of Pharmacology, Ruhs, Jaipur, Sector 18
Kumbha Marg, Pratap Nagar, Jaipur.
19. Dr. Sudhanshu Kacker S/o Dinesh Kacker, Aged About 52
Years, Presently Posted As Senior Professor, Department
Of Physiology, Ruhs, Jaipur, Sector 18 Kumbha Marg,
Pratap Nagar, Jaipur.
20. Dr. Deepak Sharma S/o Ashok Kumar Sharma, Aged
About 39 Years, Presently Posted As Assistant Professor,
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Department Of Anatomy, Ruhs, Jaipur, Sector 18 Kumbha
Marg, Pratap Nagar, Jaipur.
21. Dr. Priyank Gupta S/o Dr. R. M. Batwara, Aged About 39
Years, Presently Posted As Senior Demonstrator,
Department Of Forensic Medicine, Ruhs, Jaipur, Sector 18
Kumbha Marg, Pratap Nagar, Jaipur.
22. Dr. Sonal Bhardwaj D/o Manmohan Bhardwaj, Aged About
37 Years, Presently Posted As Assistant Professor,
Department Of Biochemistry, Ruhs, Jaipur, Sector 18
Kumbha Marg, Pratap Nagar, Jaipur.
23. Dr. Sonali Sharma W/o Dr. Sudhanshu Kacker, Aged About
52 Years, Presently Posted As Senior Professor,
Department Of Biochemistry, Ruhs, Jaipur, Sector 18
Kumbha Marg, Pratap Nagar, Jaipur.
24. Dr. Susheel Kumar S/o Jale Singh, Aged About 36 Years,
Presently Posted As Assistant Professor, Department Of
Pharmacology, Ruhs, Jaipur, Sector 18 Kumbha Marg,
Pratap Nagar, Jaipur.
25. Dr. Mahesh Kumar Mangal S/o Lt. Kailash Chand Mangal,
Aged About 58 Years, Presently Posted As Senior
Professor, Department Of Surgery, Ruhs, Jaipur, Sector 18
Kumbha Marg, Pratap Nagar, Jaipur.
26. Dr. Madhvika Shah W/o Dr. Mohit Bihani, Aged About 41
Years, Presently Posted As Assistant Professor,
Department Of Physiology, Ruhs, Jaipur, Sector 18
Kumbha Marg, Pratap Nagar, Jaipur.
27. Dr. Madhuri Sharma W/o Dr. Vishnu Sharma, Aged About
41 Years, Presently Posted As Assistant Professor,
Department Of Physiology, Ruhs, Jaipur, Sector 18
Kumbha Marg, Pratap Nagar, Jaipur.
28. Dr. Arpana Singhal W/o Manish Singhal, Aged About 50
Years, Presently Posted As Professor, Department Of
Obstetrics And Gynecology, Ruhs, Jaipur, Sector 18
Kumbha Marg, Pratap Nagar, Jaipur.
29. Dr. Mahima Sharma W/o Dr. Mohit Sharma, Aged About
44 Years, Presently Posted As Assistant Professor,
Department Of Physiology, Ruhs, Jaipur, Sector 18
Kumbha Marg, Pratap Nagar, Jaipur.
30. Dr. Md. Sharique S/o Abdul Jabbar, Aged About 48 Years,
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Presently Posted As Professor, Department Of Anatomy,
Ruhs, Jaipur, Sector 18 Kumbha Marg, Pratap Nagar,
Jaipur.
31. Dr. Asha Goyal W/o Amit Kumar Goyal, Aged About 42
Years, Presently Posted As Assistant Professor,
Department Of Pathology, Ruhs, Jaipur, Sector 18
Kumbha Marg, Pratap Nagar, Jaipur.
32. Dr. Neha Saboo D/o Vijay Kumar Saboo, Aged About 43
Years, Presently Posted As Professor, Department Of
Physiology, Ruhs, Jaipur, Sector 18 Kumbha Marg, Pratap
Nagar, Jaipur.
33. Dr. Ajay Singh Kalyanwat S/o Chhotu Singh, Aged About
43 Years, Presently Posted As Professor, Department Of
General Surgery, Ruhs, Jaipur, Sector 18 Kumbha Marg,
Pratap Nagar, Jaipur.
34. Dr. Anil Yadav S/o S. R. Yadav, Aged About 47 Years,
Presently Posted As Professor, Department Of Forensic
Medicine, Ruhs, Jaipur, Sector 18 Kumbha Marg, Pratap
Nagar, Jaipur.
35. Dr. Sanchit Jain S/o S. C. Jain, Aged About 40 Years,
Presently Posted As Professor, Department Of Surgery,
Ruhs, Jaipur, Sector 18 Kumbha Marg, Pratap Nagar,
Jaipur.
36. Dr. Nisha Dulani W/o Dr. Harish Dulani, Aged About 47
Years, Presently Posted As Professor, Department Of
Ophthalmology, Ruhs, Jaipur, Sector 18 Kumbha Marg,
Pratap Nagar, Jaipur.
37. Dr. Jitendra Panda S/o Surendra Panda, Aged About 40
Years, Presently Posted As Assistant Professor,
Department Of Microbiology, Ruhs, Jaipur, Sector 18
Kumbha Marg, Pratap Nagar, Jaipur.
38. Dr. Swati D/o Lt. Meer Singh, Aged About 42 Years,
Presently Posted As Professor, Department Of Dental
Surgery, Ruhs, Jaipur, Sector 18 Kumbha Marg, Pratap
Nagar, Jaipur.
39. Dr. Prahlad Dhakar S/o Bajrang Lal Dhakar, Aged About
43 Years, Presently Posted As Professor, Department Of
Medicine, Ruhs, Jaipur, Sector 18 Kumbha Marg, Pratap
Nagar, Jaipur.
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40. Dr. Rajprabha W/o Dr. Rakesh Kumar Meena, Aged About
54 Years, Presently Posted As Senior Professor,
Department Of Physiology, Ruhs, Jaipur, Sector 18
Kumbha Marg, Pratap Nagar, Jaipur.
41. Dr. Shiv Prakash Sharma S/o Om Prakash Sharma, Aged
About 38 Years, Presently Posted As Assistant Professor,
Department Of Psm, Ruhs, Jaipur, Sector 18 Kumbha
Marg, Pratap Nagar, Jaipur.
42. Dr. Deepandra Garg S/o Ghasi Lal Garg, Aged About 47
Years, Presently Posted As Senior Professor, Department
Of Pediatrics, Ruhs, Jaipur, Sector 18 Kumbha Marg,
Pratap Nagar, Jaipur.
43. Dr. Chandra Jeet Singh Chandel S/o M. S. Chandel, Aged
About 52 Years, Presently Posted As Assistant Professor,
Department Of Anatomy, Ruhs, Jaipur, Sector 18 Kumbha
Marg, Pratap Nagar, Jaipur.
44. Dr. Manju Jha D/o B. S. Jha, Aged About 47 Years,
Presently Posted As Assistant Professor, Department Of
Biochemistry, Ruhs, Jaipur, Sector 18 Kumbha Marg,
Pratap Nagar, Jaipur.
45. Dr. Anil Gupta S/o Ramavtar Gupta, Aged About 55 Years,
Presently Posted As Senior Professor, Department Of
Orthopedics, Ruhs, Jaipur, Sector 18 Kumbha Marg,
Pratap Nagar, Jaipur.
----Petitioners
Versus
1. Rajasthan University Of Health Science, Through Its Vice
Chancellor, Sector 18, Kumbha Marg, Pratap Nagar, Tonk
Road, Jaipur 302033.
2. Registrar, Rajasthan University Of Health Science, Sector
18, Kumbha Marg, Pratap Nagar, Tonk Road, Jaipur -
302033.
----Respondents
For Petitioner(s) : Mr. Ajay Shukla
Mr. Raghav Sharma
For Respondent(s) : Mr. M.A. Khan
Ms. Rekha Jain
Ms. Shama Khan
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1. Instant writ petition is preferred by petitioners with following prayer:
"(i) By an appropriate writ order or direction the minutes of Board of Management dated 25.01.2025, so far as decision on Table Agenda No.3 has been taken regarding handing over Medical College to the State Government may be quashed and set aside.
(ii) That the Decision taken by Board of Management on 25.01.2025 may be held to be contrary to the Rajasthan University of Health Sciences Act, 2005
(iii) Alternatively, appropriate writ order or direction may be issued to absorb the existing faculty of RUHS in the proposed Rajasthan Institute of Medical Science in the same existing terms and conditions of service."
2. The facts leading to filing of the instant writ petition are that the petitioners are working as teachers in Rajasthan University of Health Sciences (hereinafter referred to as "RUHS") and are aggrieved by the decision of the Board of Management ('BOM') dated 25.01.2025, handing over RUHS Medical College and RUHS Dental College to the State Government pursuant to the Budget Declaration by the Chief Minister dated 29.07.2024 to develop RUHS in line with AIIMS, New Delhi, as 'RIMS' (Rajasthan Institute of Medical Sciences). Hence, the instant writ petition is filed.
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3. Learned counsel appearing on behalf of the petitioners, while referring to the Rajsathan University of Health Sciences Act, 2005 (hereinafter referred to as the "Act of 2005"), submitted that the constituent colleges were defined under Section 2(d) of the Act and are integral parts of the University. He further submitted that the object of the University is provided under Section 4 of the Act, and the University is established to provide a multi-purpose super- speciality hospital and trauma centre by upgrading existing institutions and establishing as a centre of excellence.
4. He further submitted that in furtherance of Section 4 of the Act, these two colleges (Medical and Dental) were established, and the petitioners are currently serving as teachers to disseminate and advance knowledge to the students. He also submitted that the petitioners worked hard during the COVID period and provided the best services to the citizens of the State so that they may not suffer during the pandemic and the government has appreciated the services rendered by them.
5. He also submitted that the powers and duties of the University have been provided under Section 5 of the Act, and the Board of Management (BOM) is constituted under Section 22 of the Act, and duties and functions of BOM defined under Section 23 of the Act. He submitted that none of the provisions under the Act authorize the Vice-Chancellor or the Board of Management (BOM) to transfer or hand over any constituent college to the State Government.
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6. He further submitted that the resolution placed before the Board of Management in its meeting dated 25.01.2025 is contrary to the provisions of the Act and that the Board of Management is not authorized under the Act of 2005 to pass a resolution to transfer and hand over the management of the colleges to the State Government.
7. Learned counsel for the petitioners has further relied upon the grounds raised by him that if the State Government desires to develop RUHS in the style of RIMS, then it can upgrade the infrastructure and invest in RUHS and convert RUHS into a centre of excellence, which is the very object of its establishment. He also submitted that at present, not only teachers and employees but thousands of students are studying in both the constituent colleges of RUHS, and the illegal act committed by the BOM has an adverse impact upon their future.
8. He further submitted that during pendency of this petition, the State Government promulgated an Ordinance by amending Section 6 of the Act of 2005 and specifically authorized handing over of constituent colleges to the Government. He submitted that this Gazette Notification is also under challenge before the Division Bench of this Hon'ble Court. The subsequent Gazette Notification promulgating the Ordinance indicates that the University and the State Government earlier had no authority to pass a resolution to hand over the constituent Medical and Dental Colleges to the State Government, therefore, the resolution (Uploaded on 21/11/2025 at 06:02:12 PM) (Downloaded on 22/11/2025 at 12:20:29 AM) [2025:RJ-JP:46225] (9 of 29) [CW-8158/2025] dated 25.01.2025 passed by the Board of Management is contrary to the Act of 2005.
9. He further submitted that the present petitioners were not only selected and appointed in RUHS, but they are now working as teachers in RUHS and its constituent colleges, therefore, their services cannot be transferred to the State Government. He also submitted that the decision of the Board of Management (BOM) will largely impact the rights of the petitioners, therefore, they have preferred a writ petition under Article 226 of the Constitution of India to challenge the resolution passed by the Board of Management.
10. Aforesaid contentions were opposed by learned counsel appearing on behalf of the respondents. He referred to the provisions of Section 23 of the Act of 2005 regarding the functions and duties of the Board of Management (BOM) and submitted that the BOM is authorized to acquire, dispose of, hold, or control the property and funds of the University. He also submitted that Section 35 of the Act of 2005 empowers the State Government to control the University, as RUHS is a State-funded University and there is no autonomy attached to RUHS.
11. He further submitted that when RUHS is fully funded by the State Government and the State Government exercises control over the University, the petitioners cannot raise any issue with regard to the transfer of Medical and Dental Colleges to the State Government. He also submitted that the Chief Minister, in his budget speech on 29.07.2024 for the financial year 2024-25, made it clear that the (Uploaded on 21/11/2025 at 06:02:12 PM) (Downloaded on 22/11/2025 at 12:20:29 AM) [2025:RJ-JP:46225] (10 of 29) [CW-8158/2025] Government desires to develop RUHS as a super-speciality centre in line with AIIMS, Delhi, and declared the establishment of Rajasthan Institute of Medical Sciences (RIMS), and further allocated budget of ₹750 crores.
12. He submitted that the State Government intends to develop RUHS as a centre of excellence by investing and deploying super-speciality facilities so that the citizens of the State may receive treatment facilities at par with AIIMS Delhi. He further submitted that the writ petition is premature and not maintainable. He also submitted that considering the hurdles created by several persons, and to avoid any future legal complications, the State Government has promulgated an Ordinance by inserting Section 6(4) in the Act of 2005, thereby authorizing the State Government to act in consultation with the University, in fulfillment of budget declaration. He further submitted that the action of the University is fully justified under the provisions of law, and the petitioners have no right to challenge the action of the respondents.
13. Heard learned counsel for the parties and perused the material placed on record.
14. The short questions before us are:
(i) whether the petitioners have a right to challenge the resolution dated 25.01.2025 passed by the Board of Management (BOM) to hand over the Medical and Dental Colleges to the State Government?
(ii) Whether the University is bound by the directions and declaration of the State Government for developing RUHS as (Uploaded on 21/11/2025 at 06:02:12 PM) (Downloaded on 22/11/2025 at 12:20:29 AM) [2025:RJ-JP:46225] (11 of 29) [CW-8158/2025] RIMS and BOM has authority to pass a resolution on 25.01.2025?
15. The Rajasthan University of Health Sciences (RUHS) is established under the Rajasthan University of Health Sciences Act, 2005, which came into force on 22.09.2004. Section 2 (d) provides for "constituent college," and it means a college maintained by the University. This Act was amended by an Ordinance dated 31.07.2025, which was published in the Extraordinary Gazette on 01.08.2025.
16. The sole question of dispute in the instant case is the declaration by the Chief Minister in the State Assembly on 29.07.2024 while presenting the Budget and Finance Bill for the Financial Year 2024-25. The budget declaration is reproduced as under:
izns"k esa Super-Speciality fpfdRlk dks u;s vk;ke nsus ds fy, RUHS (Rajasthan University of Health Sciences) dk mUu;u dj AIIMS&fnYyh dh rtZ ij Rajasthan Institute of Medical Sciences (RIMS) dh LFkkiuk fd;s tkus dh ?kks'k.kk djrk gw¡A bl ij pj.kc) :i ls 750 djksM+ #i;s O;; fd;s tk;saxsA
17. To give effect to the budget declaration, a meeting of the Board of Management was called under the chairmanship of Dr. Dhananjay Agarwal, Vice-Chancellor of RUHS, on 25.01.2025. The Table Agenda No. 3 placed before the meeting was as under:
"jkt-Lok-fo-fo- vk;qfoZKku fpfdRlky; dks AIIMS dh rtZ ij RIMS ds :i esa fodflr fd;s tkus gsrq fo"ofo|ky; }kjk (Uploaded on 21/11/2025 at 06:02:12 PM) (Downloaded on 22/11/2025 at 12:20:29 AM) [2025:RJ-JP:46225] (12 of 29) [CW-8158/2025] xfBr desVh }kjk rS;kj fd;s x;s ,DV] uksfVfQds"ku o :Yl ds Mªk¶V izk:i dks izcU/k e.My ds le{k fopkjkFkZ ,oa jkt- Lok-fo-fo- ds esfMdy dkWyst@MsUVy dkWyst dks jkT; ljdkj dks lkSaius ds laca/k esa izLrko fopkjkFkZ ,oa fu.kZ;kFkZA iz/kkukpk;Z ,oa fu;a=d] jkt-Lok-fo-fo- vk;qfoZKku egkfo|ky;] t;iqj us vius i=kad 8841 fnukad 23-01-2023 ds }kjk voxr djk;k gS fd funs"kky; fpfdRlk f"k{kk foHkkx esa Jheku~ "kklu lfpo] fpfdRlk f"k{kk foHkkx] jkt- ljdkj }kjk cSBd dk vk;kstu fd;k x;kA cSBd esa ppkZ dh xbZ fd ekuuh; eq[;ea=h egksn; dh ctV ?kks'k.kk ds vuq:i jkt-Lok- fo-fo- vk;qfoZKku fpfdRlky; dks ,El dh rtZ ij fjEl ds :i esa fodflr fd;k tkuk gS rFkk ;g ,d vkWVksuksel baLVhV~;w"ku gksxk ftldk xtV uksfVfQds"ku jkT; ljdkj }kjk fudyk tk,xkA mDr ds laca/k esa jkt-Lok-fo-fo- vk;qfoZKku fpfdRlky; dks ,El dh rtZ ij fjEl ds :i esa fodflr fd;s tkus gsrq fo"ofo|ky; }kjk xfBr desVh }kjk rS;kj x;s ,DV] uksfVfQds"ku o :Yl ds izk:iksa dks jkT; ljdkj dks izsf'kr fd;k tkuk gSA vr% iz/kkukpk;Z us mDr izdj.k dks fo"ofo| ky; dh vkxkeh izcU/k e.My ds le{k ppkZ ,oa fu.kZ; gsrq j[ks tkus ckcr~ vuqjks/k fd;k gS ,oa jkt-Lok-fo-fo- vk;qfoZKku egkfo|ky;] t;qij vkSj jkt-Lok-fo-fo nar foKku egkfo| ky;] t;iqj dks jkt-Lok-fo-fo ds la?kVd dkWyst ls gVkdj jkT; ljdkj dks lkSaius ds lEcU/k esa izcU/k e.My ds le{k fopkjkFkZ ,oa fu.kZ;kFkZA vRk% iz/kkukpk;Z ,oa fu;a=d] jkt-Lok-fo-fo- vk;qfoKku egkfo| ky;] t;iqj ls izkIr mijksDr i= ds Øe esa jkt-Lok-fo-fo- vk;qfoZKku fpfdRlky; dks ,El dh rtZ ij fjEl ds :i esa fodflr fd;s tkus gsrq fo"ofo|ky; xfBr desVh }kjk rS;kj fd;s x;s ,Dr] uksfVfQds"ku o :Yl ds Mªk¶V izk:iksa dks ,oa jkt-Lok-fo-fo vk;qfoZKku egkfo|ky;] t;iqj vkSj jkt-Lok-fo- fo- nar foKku egkfo|ky;] t;iqj dks jkt-Lok-fo-fo- ds la?
(Uploaded on 21/11/2025 at 06:02:12 PM) (Downloaded on 22/11/2025 at 12:20:29 AM) [2025:RJ-JP:46225] (13 of 29) [CW-8158/2025] kVd dkWyst ls gVkdj jkT; ljdkj dks lkSaius ds lEcU/k esa izcU/k e.My ds le{k fopkjkFkZ ,oa fu.kZ;kFkZA"
18. This Table Agenda was approved in the meeting of the Board of Management on 25.01.2025, with following resolution:-
"ekuuh; eq[;ea=h egksn; dh ctV ?kks'k.kk ds vuq:i jkt-Lok- fo-fo- vk;qfoZKku fpfdRlky; dks ,El dh rtZ ij fjEl ds :i esa fodflr fd;s tkus gsrq dqyifr egksn; ,oa "kklu lfpo] fpfdRlk f"k{kk foHkkx lfgr fofHkUu fo"ks'kKksa ,oa vf/kdkfj;ksa dh la;qDr xfBr desVh }kjk fnukad 24-01-2025 dks ,El] ubZ fnYyh ls tkudkjh izkIr djus gsrq ,El] ubZ fnYyh dk nkSjk fd;k x;kA bl lEcU/k esa vf/kd tkudkjh gsrq uhfr vk;skx] Hkkjr ljdkj ds lnL; MkW- oh-ds- ikWy ls Hkh eqykdkr dh xbZA cSBd ds nkSjku izcU/k e.My ds lnL; MkW- ,l-,l- ;kno }kjk voxr djk;k x;k fd lqij Lisf"k;fyVh fpfdRlk dks u;s vk;ke nsus ds fy, RUHS (Rajasthan University of Health Sciences) dk mUu;u dj ,El] ubZ fnYyh dh rtZ ij fjEl dh Lfkkiuk fd;s tkus dh ?kks'k.kk dh xbZ FkhA mUgksus crk;k fd ,El] ubZ fnYyh ds lkFk gh SGPGI & PGI, Chandigarh ds fu;eksa ,oa vf/kfu;eksa dk ijh{k.k dj jkt-Lok-fo-oh dh QSdYVh ,oa dkfeZdksa ds fgrks dks /;ku esa j[krs gq, vf/kfu;e dk Mªk¶V izk:i esa vkaf"kd la"kks/ku djrs gq, jkT; ljdkj dh ea"kk ds vuq:i Mªk¶V izk:i dks jkT; ljdkj dks izsf'kr fd;s tkus dk fu.kZ; fy;k x;kA lkFk gh cSBd ds nkSjku ppkZ vuqlkj izLrko esa vkaf"kd ifjorZu djrs gq, jkt-Lok-fo-fo- vk;qfoZKku] t;iqj ,oa jkt- Lok-fo-fo- nar foKku egkfo|ky;] t;iqj dks jkT; ljdkj dks lkSaius dk fu.kZ; fy;k x;kA"
19. The minutes of the meeting, signed by the Registrar-cum-
Member Secretary of the Board of Management, RUHS, indicate that the interest of faculty and other personnel were taken care of while forwarding the resolution to the State (Uploaded on 21/11/2025 at 06:02:12 PM) (Downloaded on 22/11/2025 at 12:20:29 AM) [2025:RJ-JP:46225] (14 of 29) [CW-8158/2025] Government. The forwarding letter dated 01.02.2025, attached with the minutes of the meeting, indicates that 16 members (probably) attended the meeting of BOM.
20. The material submitted by the petitioners indicates that Dr. Sudhanshu Kakkar, Dr. Chandrasingh Chandel, and Dr. Rajiv Songara have raised dissent on 01.03.2025, 12.02.2025, and 12.02.2025 respectively to Table Agenda No. 3, adopted by the Board of Management. Except these three members of the Board of Management, no other member has raised any objection with respect to Table Agenda No. 3. If we assume that there were three dissenting votes, even then agenda is approved by majority vote.
21. The material on record clearly indicates that on 19.03.2025, the Registrar of RUHS communicated the decision of the Board of Management, based on minutes dated 25.01.2025, to the Secretary, Medical Education Department, Government of Rajasthan, about in principle approval by the Board of Management to transfer RUHS College of Medical Science and RUHS College of Dental Science, both constituent colleges of RUHS, to the State Government.
22. The instant writ petition was preferred on 19.05.2025 to challenge the decision dated 25.01.2025 made by the Board of Management.
23. Now comes the question whether such transfer is valid or not? Section 6 of the Act of 2005 speaks about the jurisdiction of the University and also the authority of the State Government, and the same is reproduced as under:
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6. Jurisdiction. - (1) Notwithstanding anything contained in any other law for the time being in force, the jurisdiction of the Rajasthan University of Health Sciences, shall extend to all the Medical, Dental, Pharmacy and Nursing Colleges, imparting education in these disciplines and any other disciplines of health sciences within the State of Rajasthan and also to such other constituent, affiliated or autonomous colleges, institutes, institutions within the State of Rajasthan as may be specified, by notification in the Official Gazette, by the State Government.
(2) The State Government may, by order in writing,-
(a) require any institute, institution or college within the territorial limits of the University to terminate, with effect from such date as may be specified in the order, its association with, or its admission to the privileges of any other University incorporated by law to such extent as may be considered necessary and proper, or
(b) exclude, to such extent as may be considered necessary and proper, from association with, or from admission to the privileges of the University constituted by this Act any institute, institution or college specified in the order which, in the opinion of the State Government, is required to be self governing or to be (Uploaded on 21/11/2025 at 06:02:12 PM) (Downloaded on 22/11/2025 at 12:20:29 AM) [2025:RJ-JP:46225] (16 of 29) [CW-8158/2025] associated with or admitted to the privileges of, any other University or body.
(3) The State Government may, in consultation with the University, by notification published in the Official Gazette, enumerate any Government college situated in the jurisdiction of the University to be a constituent college of the University. The land, buildings, laboratories, equipments, books and any other properties of such college shall then vest in the University and the officers, teachers and employees of such college, after being found suitable through screening and on fulfilling, such terms and conditions as may be laid down in the notification, shall be deemed to be the officers, teachers or as the case may be employees of the University.
24. The Government of Rajasthan has promulgated Ordinance dated 31.07.2025 published in the Extra-Ordinary Gazette on 01.08.2025 to amend the Act of 2005 and by amendment, following provision has been added after Sub- section (3) of Section 6, thus new provision under Section 6(4) of the Act of 2005 is reproduced as under:
"(4) Notwithstanding anything contained in this Act, the State Government may, in consultation with the University, by notification published in the Official Gazette, declare any college, constituent to or established by the University, to be a government college. Upon such declaration, the administrative control of such college and all assets including all land, buildings, laboratories, (Uploaded on 21/11/2025 at 06:02:12 PM) (Downloaded on 22/11/2025 at 12:20:29 AM) [2025:RJ-JP:46225] (17 of 29) [CW-8158/2025] equipment, books shall vest in the State Government and the officers, teachers and employees of such college(s) after being found suitable through screening by a screening committee constituted by the State Government and on fulfilling such terms and conditions as may be laid down in the notification, shall be deemed to be the officers, teachers, or, as the case may be, employees of the State Government."
25. At the time of enactment of the Act of 2005, Section 8 provided for inspection and enquiry by the State Government, with authority to appoint an inspection authority with powers of a civil court. The original Section 8 was later substituted by Rajasthan Act No. 13 of 2013, and by inserting the amendment in Section 8, a visitation right is provided to the Chancellor.
26. The Vice-Chancellor of the University is appointed by the Chancellor in consultation with the State Government in accordance with Section 11 of the Act of 2005. The removal of the Vice-Chancellor also involves the State Government as prescribed, under Section 11A. The Vice-Chancellor is ex officio Chairman of the Board of Management.
27. Section 14(2) provides for appointment of the Registrar by the State Government, whereas Section 15(2) provides for appointment of the Finance Officer by the State Government. This indicates that the State Government is fully involved in the management and affairs of the University.
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28. Section 22 provides for the constitution and composition of the Board of Management (BOM), and it clearly indicates that most of the members are Government nominees. Section 22 is reproduced as under:
22. Constitution and composition of the Board of Management. -
(1) The Board of Management shall be the highest executive body of the University and shall consist of the following members, namely:- (I) Chairman-
(a) The Vice-chancellor of the University. (II) Ex-officio Members-
(a) the Secretary to the Government of
Rajasthan, Finance Department;
(b) the Secretary to the Government of
Rajasthan, Medical Education Department;
(c) the Director of Medical Education, Government of Rajasthan;
(d) the Registrar of the University - Member-
Secretary;
Explanation. - Ex-officio members mentioned at
(a) to (b) shall include their respective nominees who shall not be below the rank of Deputy Secretary to the Government of Rajasthan. (III) Nominated Members-
(a) two persons nominated by the Vice-chancellor from amongst the Deans of the Faculties for one year;
(b) two University Professors nominated by the Vice-chancellor for one year;
(c) two eminent educationists to be nominated by the Chancellor for three years;
(d) two Principals of affiliated colleges, one from the Government colleges and another from (Uploaded on 21/11/2025 at 06:02:12 PM) (Downloaded on 22/11/2025 at 12:20:29 AM) [2025:RJ-JP:46225] (19 of 29) [CW-8158/2025] Private colleges, to be nominated by the State Government for one year;
(e) two members of State Legislature to be nominated by the State Government for three years; and
(f) two eminent educationists, to be nominated by the State Government for three years, (IV) Elected Members-
two teachers of the Universities or its constituent colleges who have put in not less than seven years teaching experience in any institution of higher education in Rajasthan on 1st January immediately preceding the year in which elections are held, other than the University Professors, Deans, Directors of the Colleges of the University, to be elected by the teachers of the University and of its constituent colleges from amongst themselves for three years.
(2) One third of the members of the Board shall constitute the quorum for meeting.
(3) The Chairman of the Board shall perform such functions and exercise such powers as are provided in this Act or as may be prescribed by the Statutes or Regulations.
(4) The members shall serve without any additional pay but shall be entitled to daily allowance and travelling expenses as may be prescribed.
(5) The minutes of meeting of the Board shall be recorded and maintained by the Member Secretary of the Board.
29. The duties and functions of the Board are described under Section 23 of the Act of 2005, and the same is reproduced as under:
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23. Duties and functions of the Board. - The duties and functions of the Board shall be as follows:-
(a) to approve and sanction the budget of the University;
(b) to acquire, to dispose of, to hold and to control the property and funds of the University and issue any general or special direction on behalf of the University;
(c) to accept the transfer of any movable or immovable property on behalf of the University;
(d) to administer any funds placed at the disposal of the University for the specific purposes;
(e) to invest money belonging to the University;
(f) to appoint the members of the academic, administrative and other staff of the University in such manner as may be prescribed;
(g) to direct the form and use of the common seal of the University;
(h) to appoint such committees, either standing or temporary as it deems necessary for its proper functioning;
(i) to borrow money for capital improvements and make suitable arrangements for its repayment;
(j) to meet at such times and as often as it deems necessary, provided however, that the regular meeting of the Board shall be held at least once in every three months;
(k) to make Statutes, Ordinances and Regulations in the manner prescribed in this Act for smooth functioning of the University; and
(l) to regulate and determine all matters concerning the University in accordance with this Act and the Statutes and to exercise such powers (Uploaded on 21/11/2025 at 06:02:12 PM) (Downloaded on 22/11/2025 at 12:20:29 AM) [2025:RJ-JP:46225] (21 of 29) [CW-8158/2025] and to discharge such duties as may be conferred or imposed on it by this Act and the Statutes.
30. Section 23(b) specifically authorizes the Board of Management to acquire, dispose of, hold, and control the properties and funds of the University and issue any general or specific direction on behalf of the University. The provision authorizes the BOM to take a decision for disposal and control of the property or issue any direction on behalf of the University. The words and provisions of a statute have to be construed so as to include contingencies intended by the legislature, especially when a literal or narrow meaning would defeat the purpose of the statute. It is the duty of the Court to use interpretative tools to give effect to the true intention of the legislature and to prevent absurdity which may result from a very narrow or literal reading. It is the duty of the Court to apply the golden rule, which permits modification of the words of a statute to align with the legislative intent.
31. Section 35 of the Act of 2005 empowers the State Government to control certain matters where State Government funds are involved, and it includes service benefits to teachers, officers, and other employees, and further, the transfer by sale, lease, or otherwise of immovable property. Section 35 is reproduced as under:
"35. Control of the State Government. - Where the State Government funds are involved, the University shall abide by the terms and conditions attached to the sanction of such funds which may inter alia include prior permission of (Uploaded on 21/11/2025 at 06:02:12 PM) (Downloaded on 22/11/2025 at 12:20:29 AM) [2025:RJ-JP:46225] (22 of 29) [CW-8158/2025] the State Government in respect of the following, namely:-
(a) creating of the new posts of teachers, officers or other employees;
(b) revision of the pay, allowances, post-
retirement benefits and other benefits to its teachers, officers and other employees;
(c) grant of any additional or special pay allowance or other extra remuneration of any description whatsoever, including ex-gratia payment or other benefits having financial implications, to any of its teachers, officers or other employees;
(d) diversion of any earmarked funds for the purpose other than that for which it was received;
(e) transfer by sale, lease, mortgage or otherwise of immovable property;
(f) incur expenditure on any development work from the funds received from the State Government for any purposes other than that for which the funds are received;
(g) taking any decision regarding affiliated colleges resulting in increased financial liability, direct or indirect, for the State Government.
Explanation. - The above conditions shall also apply in respect of the posts created from any other fund, which may in long term likely to cause financial implications to the State Government."
32. Section 48 of the Act of 2005 empowers the BOM to exercise residuary powers and authorizes the Board of Management (Uploaded on 21/11/2025 at 06:02:12 PM) (Downloaded on 22/11/2025 at 12:20:29 AM) [2025:RJ-JP:46225] (23 of 29) [CW-8158/2025] to deal with any other matter pertaining to the University which is not specifically dealt with in the Act. The provision of Section 48 also provides that the decision of the Board on such matters shall be subject to revision by the Chancellor but shall be final. The provision of Section 48 is reproduced as under:
"48. Residuary provisions. - The Board shall have the authority to deal with any matter pertaining to the University and not specifically dealt with in this Act. The decision of the Board on all such matters shall, subject to revision by the Chancellor, be final."
33. Section 49 of the Act of 2005 empowers the State Government to remove any difficulty. In the present case, the State Government, realizing the ambiguity, introduced an amendment in Section 6 of the Act of 2005 by promulgating a new Ordinance, as referred to hereinabove, by inserting Section 6(4).
34. The Chief Minister, in his budget declaration on 29.07.2024, proposed to develop RUHS as a super-speciality institute in the name of RIMS. Pursuant to the said declaration, the Principal and Controller of RUHS College of Medical Science forwarded an agenda on 23.01.2025 to the Vice-Chancellor, and the same was placed in the meeting of the Board of Management, wherein the Board resolved to hand over RUHS College of Medical Science and RUHS College of Dental Science to the State Government.
35. Assuming that there is no provision in the Act of 2005 to transfer colleges to the State Government, even then (Uploaded on 21/11/2025 at 06:02:12 PM) (Downloaded on 22/11/2025 at 12:20:29 AM) [2025:RJ-JP:46225] (24 of 29) [CW-8158/2025] Section 48 of the Act of 2005 empowers the Board of Management to exercise the residuary power, and such power can only be revised by the Chancellor, but the decision shall otherwise be final. Thus, the authority of BOM is within legal provisions of Act of 2005.
36. Section 6 authorizes the State Government to exercise jurisdiction to include or exclude colleges or institutions administered by the University in order to fulfill its objects as prescribed under Section 4 of the Act of 2005. Other provisions mentioned hereinabove also indicate that in a State-funded University like RUHS, the State Government has substantial control so as to influence the affairs of the University.
37. The argument of learned counsel that the University is an autonomous body cannot be accepted as a valid argument in view of the provisions mentioned hereinabove. The autonomy is subject to the provisions of the Act of 2005; therefore, the State Government has the power and authority to make a declaration to convert RUHS into an centre of excellence for providing better health care and treatment to the citizens.
38. Otherwise also, the declaration is made on the floor of the Assembly along with the Finance Bill at the time of presentation of the Budget, and the Budget is approved by the Assembly, which signifies that the Government and the Legislature intend to develop RUHS,--established under an Act of the State Legislature--as a centre of excellence in line (Uploaded on 21/11/2025 at 06:02:12 PM) (Downloaded on 22/11/2025 at 12:20:29 AM) [2025:RJ-JP:46225] (25 of 29) [CW-8158/2025] with AIIMS, Delhi to provide super-speciality health care in the State of Rajasthan.
39. The declaration of the State Government cannot be evaluated on any of the grounds raised by learned counsel for the petitioners. The Board of Management is fully authorized to consider Table Agenda No. 3 and to take a decision to transfer the constituent Medical and Dental Colleges to the State Government. The Board of Management is authorized to exercise residuary powers, if not expressly provided under the Act, to give effect to any contingency or incidental matter, forwarded by the State Government. Section 23(b) authorizes the Board of Management to take a decision for disposal of property and issue any general or specific direction, which includes handing over of the colleges to the State Government.
40. The material on record clearly indicated that none of the members, including Dr. S.K. Kakkar, Dr. Chandrasingh Chandel, and Dr. Rajiv Songara, have raised any objection or opposition during meeting held on 25.01.2022. Rather, they raised objections on 12.02.2025 and 01.03.2025 (after meeting). These three board members have not raised any issue of non-availability of other members to ensure the quorum required to conduct the meeting. Therefore, the issue raised by the learned counsel for the petitioners are just an afterthought and they have nothing to concern with the proceeding of Board of Management.
41. In view of discussion made herein, above, the Board of Management is authorized to pass a resolution or take a (Uploaded on 21/11/2025 at 06:02:12 PM) (Downloaded on 22/11/2025 at 12:20:29 AM) [2025:RJ-JP:46225] (26 of 29) [CW-8158/2025] decision to transfer and hand over the constituent colleges to the State Government.
42. Now comes the second question, the locus of the present petitioners. Section 33 of the Act provides for teachers and officers of the university and section 33(1) provides for appointment of teachers and officers of university and same is reproduced as under:
"33. Teachers and officers of the University.
- (1) The appointment of teachers and officers of the University shall, save as provided in this Act, be made in accordance with the provisions of the Rajasthan Universities' Teachers and Officers (Selection for Appointment) Act, 1974 (Act No. 18 of 1974)."
43. Section 33(1) of the Act of 2005 provides that no teacher or officer in a university can be appointed except adopting process provided under the Rajasthan University Teachers and Officers (Selection for Appointment) Act, 1974. The selection committee under the Act of 1974 for each appointment includes nominee of the State Government. The procedure as prescribed under the Act of 1974 ensures the uniform process for appointment of teachers and officers in every government university funded by the state government. Therefore, the appointments in RUHS are also governed by same rule which are adopted for other universities.
44. The general condition of teachers in RUHS is governed by the Statute promulgated under Sections 37 and 38 of the Act of (Uploaded on 21/11/2025 at 06:02:12 PM) (Downloaded on 22/11/2025 at 12:20:29 AM) [2025:RJ-JP:46225] (27 of 29) [CW-8158/2025] 2005. The basic grievance of the petitioners as mentioned in the petition is that they were absorbed in RUHS and now by virtue of appointment in RUHS their job is non-transferable but after transfer of colleges and absorption in State Government they will be subject to transfer by the State authorities. This issue was already considered by the BOM while adopting resolution dated 25.01.2025 and the concerns were already addressed by the BOM. The petitioners are employees subject to policy of the State and the petitioners can only approach when there is a specific violation in their service condition but merely on apprehension that the service condition will be changed is not a ground to withhold the transfer of colleges from RUHS to State Government therefore this contention is not tenable.
45. The petitioners have also included a prayer in alternative for consideration of absorption in RIMS. As regard to absorption in RIMS is concerned, it is premature to consider as neither the shape of RIMS is placed on record nor the rules or the governing statues were placed on record, therefore the alternative prayer is also a pre-mature at this stage.
46. By an ordinance, a new section 6(4) is inserted and amended the Act of 2005. The amended provision provides that the officers, teachers and employees of such colleges which are taken by the state government after being found suitable from screening by a screening committee constituted by the state government shall be deemed to be officers, teachers of the state university. The provision specifically provides for transfer of teachers to the state (Uploaded on 21/11/2025 at 06:02:12 PM) (Downloaded on 22/11/2025 at 12:20:29 AM) [2025:RJ-JP:46225] (28 of 29) [CW-8158/2025] government. There is no provision under the ordinance about the teachers who were not found suitable by a screening committee. Therefore, the current writ petition is just a premature exercise to challenge the decision of the board of management taken on 25.01.2025.
47. Otherwise, also the petitioners who are teachers have no right and authority to question policy decision of the state government. Any policy decision is within exclusive domain of the authority of the state which has competence to frame policies for administration.
48. Here in this case, the transfer of two constituent colleges to the state government so as to enable RUHS to become RIMS is also decision of state government. Petitioners have no authority or locus to challenge the decision. If there is any apprehension to the services condition or services of the petitioners, then only can approach any judicial forum for protection and not otherwise.
49. Here in this case, the decision taken by Board of Management on 25.01.2025 clearly indicated that with certain modifications about the protection of interest of the faculty members and employees, a proposal is forwarded to the state government. The decision of state government is not placed on record by the petitioners. Therefore, the petitioners have no locus to challenge the authority of the Board of Management regarding transfer and handing over of two constituent colleges to the state government.
50. During course of argument, this court has been apprised that the ordinance dated 01.08.2025 (31.07.2025) whereby (Uploaded on 21/11/2025 at 06:02:12 PM) (Downloaded on 22/11/2025 at 12:20:29 AM) [2025:RJ-JP:46225] (29 of 29) [CW-8158/2025] section 6 was amended by inserting subsection (4) is already challenged by the petitioner before the Division Bench of this court, which also provides for screening of teachers and officers and employees for their absorption in state government services. Having considered aforesaid facts, no case is made out in favor of petitioners to allow writ petition under Article 226 of constitution of India. Therefore, the writ petition is liable to be dismissed.
51. In view of discussion made herein above, the instant writ petition preferred by petitioners is hereby dismissed with pending application, if any.
52. The interim order 08.07.2025 is hereby vacated.
53. No order as to cost.
(ASHOK KUMAR JAIN),J PREETI VALECHA /464 (Uploaded on 21/11/2025 at 06:02:12 PM) (Downloaded on 22/11/2025 at 12:20:29 AM) Powered by TCPDF (www.tcpdf.org)