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2025 DAILYLAW 12109 (RAJ)

B L M COLLEGE OF NURSING v. STATE OF RAJ AND ANR

CW/10907/2010 · 2025-04-07

Mahendar Kumar Goyal

body2025

Judgment text

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[2025:RJ-JP:15330] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 10907/2010 B.L.M. College Of Nursing, E-5-6 RIICO Industrial Area, Sitapura, Tonk Road, Jaipur, Through Its Administrative Officer Miss Kash- mira Patel daughter of Shri Bhailal Bhai Patel, aged 38 years, E- 5-6 Riico Industrial Area, Sitapura, Tonk Road, Jaipur. ----Petitioner Versus 1. State Of Rajasthan, Through Secretary, Medical And Health Department, Rajasthan, Jaipur 2. The Rajasthan University Of Health Sciences, Sector-18, Kumbha Marg, Pratap Nagar, Jaipur Through Its Registrar. ----Respondents For Petitioner(s) : Mr. Jai Raj Tanita For Respondent(s) : Mr. M.K. Dhakad for Mr. R.A. Katta HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Judgment / Order 07/04/2025 This writ petition is filed with a plea that demand of affiliation fee/penalty raised against the petitioner over and above of the fee of rupees 2.25 lacs for running B.Sc. (Nursing) course for the Ses- sions 2009-10 is bad in law. Learned counsels for the respective parties are in agreement that the issue involved herein as to levy of excess affiliation fee and penalty is no more res integra and stands resolved by a coor- dinate Bench judgment of this Court dated 10.04.2014 passed in the case of S. Tech College of Nursing, Bhilwara versus State of Rajasthan & Ors.: S.B. Civil Writ Petition No.9207/2010 and other connected matters wherein, holding that the respon- [2025:RJ-JP:15330] (2 of 2) [CW-10907/2010] dent-University is not entitled to levy additional affiliation fee/ penalty in terms of Ordinance 80 (5), the demand was quashed and the aforesaid judgment was upheld by a Division Bench of this Court while dismissing the D.B. Special Appeal (Writ) No.1089/2014 preferred thereagainst vide its order dated 17.10.2016. In view of the aforesaid, this writ petition is allowed in terms of the order passed in the case of S. Tech College of Nursing, Bhilwara (supra) and demand of penalty raised by the respon- dent-University vide orders dated 05.02.2010, 09.07.2010 & 16.07.2010 is quashed and set aside. Pending application(s), if any, also stands disposed of. (MAHENDAR KUMAR GOYAL),J Manish/19