HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Special Appeal Writ No. 1038/2021
Shri Balaji Institute Of Pharmacy, Village Santhalpur, Bansur,
District Alwar, Through Its Chairman Chand Singh Yadav Son Of
Late Shri Omprakash, Aged About 50 Years, Resident Of Village
Santhalpur, Bansur, Distt. Alwar(Raj.).
----Appellant
Versus
1. Rajasthan University Of Health Science, Kumbha Marg,
Pratap Nagar, Jaipur, Through Its Registrar.
2. All India Council For Technical Education, Nelson Mandela
Marg, Vasant Kunj, New Delhi, Through Its Member
Secretary.
3. Pharmacy Council Of India, Nbcc Centre, 3Rd Floor, Plot
No.2, Community Centre, Maa Anandamai Marg, Okhla
Phase-I, New Delhi Through Its Secretary.
----Respondents
For Appellant(s) : Mr. Nikhlesh Katara through VC For Respondent(s) : Mr. Naman Jain on behalf of Mr. Vinod Kumar Gupta through VC Ms. Anuradha for respondent No.3 through VC HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE SUDESH BANSAL Judgment 07/02/2022 This appeal is filed by the original petitioner. The petitioner is an educational institution and wanted to start a pharmacy college in the State of Rajasthan. The Rajasthan University of Health Sciences did not allow the application of the petitioner for affiliation by citing reasons. This order has been challenged by the appellant in the writ petition. Pending writ petition the appellant- (Downloaded on 10/02/2022 at 09:20:17 PM)
(2 of 2) [SAW-1038/2021] petitioner made a request for interim relief to recognize 60 students already admitted by the institution in the course. This request was rejected by the learned Single Judge by impugned order dated 29.11.2021. The request was rejected on the ground that the institution had without any authority admitted 60 students in D. Pharma course; that the institution despite having failed to participate in the counselling process gave such admissions and lastly the affiliation of the petitioner-institution has been denied by the university on the ground that it is not having required land as per AICTE norms.
We do not find any error in the view of the learned Single Judge expressed in the impugned order. The appellant-petitioner had no authority to admit students without first securing affiliation. If the petitioner has good case for challenging the order passed by the university on merits, the petitioner had to press for hearing of the petition and invite final order thereon. At any date without any authority of law the petitioner could not have admitted the students on the belief that eventually such admissions would be regularised.
The appeal is dismissed. Pending applications stand disposed of.
(SUDESH BANSAL),J (AKIL KURESHI),CJ
KAMALESH KUMAR/67
(Downloaded on 10/02/2022 at 09:20:17 PM)
Powered by TCPDF (www.tcpdf.org)