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2026 DAILYLAW 18852 (RAJ)

JAGDISH PHARMACY COLLEGE v. RAJASTHAN UNIVERSITY OF HEALTH SCIENCES

CW/15374/2024 · 2026-01-16

Anuroop Singhi

body2026

Judgment text

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[2026:RJ-JP:1860] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 15374/2024 Jagdish Pharmacy College, Village/ Post Angai, Tehsil Sarmathura, District Dholpur (Rajasthan) Through Society Shree Jagdish Prasad Education Trust, Dholpur Through Secretary Pramod Kumar Sharma S/o Jagdish Prasad Aged About 40 Years, R/o Village Angai, Tehsil Sarmathura, District Dholpur (Rajasthan) ----Petitioner Versus Rajasthan University Of Health Sciences, Sector 18, Kumbha Marg, Pratap Nagar, Tonk Road, Jaipur Through Its Registrar. ----Respondent For Petitioner(s) : Ms. Aradhana Swami For Respondent(s) : Moh. Ashfaq Khan Ms. Shama Khan HON'BLE MR. JUSTICE ANUROOP SINGHI Order 16/01/2026 1. Learned counsel for the parties are ad idem that the controversy raised in the present petition stands duly covered by the judgment dated 28.05.2024, passed by Principal Seat, Jodhpur in S.B. Civil Writ Petition No.2292/2024 titled as Hill Grove Col’s Institute V/s RUHS. The operative portion of the judgment dated 28.05.2024 reads as under:- “15.As per the Schedule of the Notification, if the applications are submitted beyond the cutoff date i.e. 31st December 2023, penalty of Rs.10,51,852/-, three times of the affiliation fee, is to be paid by the institute. Since, the Court is granting [2026:RJ-JP:1860] (2 of 4) [CW-15374/2024] indulgence in the matter while quashing the order impugned, however, it is considered appropriate to impose penalty upon the petitioner, which is quantified at Rs.1,00,000/-, as the date/period prescribed by the respondent-University for submission of online application for affiliation vide Notification dated 30.11.2023 (Annexure-4), is already over and the writ petition has been filed on 12.02.2024 and from 01.02.2024 to 29.02.2024, the penalty prescribed is equal to double amount of affiliation fee. 16.Thus, in the peculiar facts and circumstances of the case, the present writ petition is allowed. The impugned order dated 24.01.2024 (Annexure- 7) and order dated 01.02.2024 (Annexure-9) are quashed and set aside. The petitioner- institute is thus directed to deposit the shortfall amount of Rs.60/- as pointed out by the communication dated 24.01.2024 (Annexure-7) within one month along with penalty of Rs.1,00,000/- to the respondent- University. The respondents are directed to accept the said Fee along with penalty for the purpose of affiliation of the petitioner- institution for the Academic Session 2024-25. The respondent shall consider the said application filed by the petitioner and if the petitioner fulfills all the requisites for the purpose of affiliation, the respondent shall accordingly grant affiliation to the petitioner strictly in accordance with law. Stay application, as well as all other pending applications, if any, also stand disposed of.” [2026:RJ-JP:1860] (3 of 4) [CW-15374/2024] 2. The controversy in hand pertains to the non-grant of annual affiliation to the petitioner-institute on account of a shortfall in the payment of annual affiliation fee of an amount only to the tune of Rs.60/-, which is evident from the perusal of the communication/letter dated 24.01.2024. While passing the judgment dated 28.05.2024, the Coordinate Bench has quashed the impugned orders therein and directed the petitioner-institute to deposit the shortfall amount of Rs.60/- along with penalty of Rs.1,00,000/- in favour of the respondent-University. Accordingly, the respondents were directed to grant affiliation to the petitioner strictly in accordance with law. 3. Learned counsel for the petitioner submits that in the present case, the petitioner has already deposited the annual affiliation fee for the academic session 2024-25 to the tune of three times i.e., Rs.10,51,854/- and thus, it is prayed that the respondent be directed to adjust the amount of annual affiliation fee alongwith Rs.1,00,000/- towards the penalty from the said amount and the balance amount thereafter be retained by it to be adjusted against the annual affiliation fee, as and when it becomes due or any other due amount for the future years. 4. Learned counsel for the respondent is agreeable to the said submissions made by the learned counsel for the petitioner. 5. Consequently, the writ petition is disposed of in terms of the directions issued in the judgment dated 28.05.2024, along with further directions that out of the amount of Rs.10,51,854/- paid by the petitioner, the annual affiliation fee for the academic session 2024-25 and the amount of Rs.1,00,000/- towards the penalty be adjusted and the balance amount thereafter be [2026:RJ-JP:1860] (4 of 4) [CW-15374/2024] retained by the respondent-University, to be adjusted against future annual affiliation fee or any other amount due against the petitioner–institute. Also, the communication/letter dated 24.01.2024 stands quashed and set aside. 6. All pending application(s), if any, shall stand disposed of. (ANUROOP SINGHI),J DIKSHA MISHRA /55