Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 8226 (RAJ)

R C MEMORIAL POST BASIC NURSING v. STATE OF RAJ AND ANR

CW/12495/2010 · 2025-03-28

Mahendar Kumar Goyal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:14226] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 12495/2010 R.C. Memorial Post Basic Nursing College, Jadri Road, Falna, Dis- trict Pali Rajasthan, Through Its Secretary, Shri Vikas Gurjar. ----Petitioner Versus 1. The State Of Rajasthan, Through The Secretary, Depart- ment Of Medical Education Gr.-I, Secretariat, Jaipur. (Ra- jasthan) 2. The Rajasthan University Of Health Sciences, Sector 18, Kumbha Marg, Pratap Nagar, Jaipur Rajasthan, Through Its Registrar. ----Respondents For Petitioner(s) : Mr. Lakhan Sharma for Mr. Prahlad Sharma For Respondent(s) : Mr. R.K. Paliwal with Mr. M.K. Dhakad for Mr. R.A. Katta HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Judgment / Order 28/03/2025 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 Post Basic B.Sc. (Nursing) course for the Sessions 2010-11 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 [2025:RJ-JP:14226] (2 of 2) [CW-12495/2010] and other connected matters wherein, holding that the respon- 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 order dated 04.09.2010 is quashed and set aside. Pending application(s), if any, also stands disposed of. (MAHENDAR KUMAR GOYAL),J Manish/13