[2025:RJ-JP:13312] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5167/2010 Saket Nursing College, 4- Neelkanth Colony, Near Purani Chungi Naka, Main Ajmer Road, Jaipur, through is Director Shri Kuldeep Sharma son of Mithlesh Chand Sharma, aged 26 years ----Petitioner Versus The Rajasthan University of Health Sciences, Sector-18, Kumbha Marg, Pratap Marg, Jaipur through its Registrar. ----Respondent Connected With S.B. Civil Writ Petition No. 4515/2010 R.R. College of Nursing (Post Basic Nursing) Near Saraswati Girls School, Kalu Ki Dhani, Ajmer, through Secretary Shri Rajesh Sharma son of Gandhilal Sharma, aged 27 years, resident of B-1 Vishveshavriya Nagar Extension, Gopalpura Byepass, Jaipur. ----Petitioner Versus The Rajasthan University of Health Sciences, Sector-18, Kumbha Marg, Pratap Marg, Jaipur through its Registrar. ----Respondent For Petitioner(s) : Mr. Jai Raj Tantia with Mr. Rohit Tantia For Respondent(s) : Mr. R.A. Katta assisted by Mr. R.K. Paliwal Mr. M.K. Dhakad HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Judgment / Order 25/03/2025 S.B. Civil Writ Petition No. 5167/2010:- 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 Post Basic B.Sc. (Nursing) course [2025:RJ-JP:13312] (2 of 3) [CW-5167/2010] for the Sessions 2009-10 is bad in law and the petitioner is entitled for refund of the excess amount/penalty paid by it with interest. 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 coordinate 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 respondent-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. Further, learned counsel for the petitioner, relying upon a judgment of the Hon’ble Supreme Court of India dated 18.02.2025 passed in the case of Dr. Poonima Advani & Anr. versus Government of NCT & Anr.: Civil Appeal No.2643 of 2025 (arising out of S.L.P. (Civil) No. 594 of 2020), would submit that it is also entitled for interest on the amount to be refunded by the respondent-University. Learned counsel for the respondent- University is not able to dispute the aforesaid proposition as well. 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). The respondent is directed to refund the penalty amount of rupees 6.75 lacs collected from the petitioner [2025:RJ-JP:13312] (3 of 3) [CW-5167/2010] within a period of eight weeks from today with interest @ 6% per annum. It is made clear that failing compliance within the stipulated period, the interest leviable would be @ 9% per annum after the expiry of the period of eight weeks and the official(s) responsible for delay would bear the interest enhanced. Pending application(s), if any, also stands disposed of. S.B. Civil Writ Petition No. 4515/2010:- In view of the judgment in the case of Saket Nursing College versus the Rajasthan University of Health Sciences: S.B. Civil Writ Petition No. 5167/2010 passed today, this writ petition is allowed and the demand of penalty raised by the respondent vide order dated 23.03.2010 is quashed and set aside. Pending application(s), if any, also stands disposed of. (MAHENDAR KUMAR GOYAL),J Manish/15-16