[2025:RJ-JP:13345] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 13025/2018 Sikar Nursing College C/o Sikar Vikas Evam Sikshan Anusandhan Sansthan, Near Kalyan Circle, Sikar Through Its Secretary Mamraj Dhariwal S/o Sagarmal Dhariwal, Aged About 53 Years, Resident Of Patel Colony, Choudhary Charan Singh Nagar, Nawalgarh Road, Sikar (Rajasthan) ----Petitioner Versus 1. Rajasthan University Of Health Sciences, Sector 18, Kumbha Marg, Pratap Nagar, Tonk Road, Jaipur-302033 Through Vice-Chancellor 2. Registrar, Rajasthan University Of Health Sciences, Sector 18, Kumbha Marg, Pratap Nagar, Tonk Road, Jaipur- 302033 ----Respondents For Petitioner(s) : Mr. Tanmay Dhand For Respondent(s) : Mr. R.B. Sharma Ganthola HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order 25/03/2025 This writ petition is directed against the notices dated 07.04.2018 and 15.06.2018 whereby, the respondent- University has required the petitioner to deposit the late fee as well as penalty for late payment of the affiliation fee. It is an admitted position that the petitioner-College has paid affiliation fee in time and therefore, the basis of notices impugned dated 07.04.2018 and 15.06.2018 does not survive. Learned counsel for the respondent- University submits that since, the petitioner-college has not deposited the application form in time, it is required to pay the late fee as well as penalty. [2025:RJ-JP:13345] (2 of 2) [CW-13025/2018] However, no such plea is taken in the notices impugned wherein, the only ground assigned for levy of late fee plus penalty is the late payment of the affiliation fee which, indisputably, was paid in time. In view of the Constitution Bench judgment in the case of Mohinder Singh Gill and Anr. Vs. The Chief Election Commissioner: AIR 1978 SC 851, it is not open for the respondent-University to assign a new reason for levy of late fee plus penalty not mentioned in the notices impugned. Accordingly, this writ petition is allowed. The notices impugned are quashed and set aside and it is held that the petitioner is not liable to pay the late fee and/or penalty. (MAHENDAR KUMAR GOYAL),J GAURAV/54