N I M T College Of Physiotherapy vs Raj University Of Health Sci Anr
2021 Latest Caselaw 5689 Raj/2

Citation : 2021 Latest Caselaw 5689 Raj/2
Judgement Date : 21 October, 2021

Rajasthan High Court

N I M T College Of Physiotherapy vs Raj University Of Health Sci Anr on 21 October, 2021

Bench: Inderjeet Singh

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 12252/2016
NIM T College Of Physiotherapy, B-137/A, near Jain Mandirsethi
Colony, Agra Road, Jaipur Rajasthan through it's Director Dr.
R.D. Sharma S/o Shri K.G. Sharma, Aged about 59 years, R/o
Plot No. B-137, Sethi Colony, Jaipur, Rajasthan
                                                                   ----Petitioner
                                   Versus
1. Rajasthan University Of Health Sciences, through its Registrar,
Sector 18, Kumbha Marg, Pratap Nagar, Jaipur Rajasthan.
2.Principal Secretary, Medical and Health Department,
Government Secretariat, Jaipur, Rajasthan.
                                                                ----Respondents

S.B. Civil Writ Petition No. 12526/2016 N I M T College Of Occupational Therapy, B-137/A, Near Jain Mandir Sethi Colony, Agra Road, Jaipur, Rajasthan through its Director Dr. R.D. Sharma S/o Shri K.G. Sharma, Aged about 59 years, R/o Plot No. B-137, Sethi Colony, Jaipur, Rajasthan

----Petitioner Versus

1. Rajasthan University Of Health Sciences, through its Registrar, Sector 18, Kumbha Marg, Pratap Nagar, Jaipur Rajasthan.

2.Principal Secretary, Medical and Health Department, Government Secretariat, Jaipur, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Lokendra Singh Shekhawat Mr. Himanshu Jain For Respondent(s) : Mr. M.A. Khan

HON'BLE MR. JUSTICE INDERJEET SINGH Order 21/10/2021

Counsel for the petitioners submits that the issue involved in

this writ petition has been considered by the Co-ordinate Bench of

this Court in the matter of Shrinath Education Institute and Health

Society & Anr. Vs. Rajasthan Health and Medical Sciences & Anr.

(S.B. Civil Writ Petition No. 20728/2017) where-in on 18.08.2021

following order was passed-:

Counsel for the petitioners submits that since 2017 the institutes are not functioning.

The Co-ordinate bench of this court in Writ Petition Nos: 20278/2017, 18987/2017,

(2 of 3) [CW-12252/2016]

20025/2017, 20237/2017 vide order dated 12.12.2017 and in CWP No. 22995/2017 vide order dated 18.12.2017, passed the following order:-

" Mr. R.A. Katta, counsel for the respondents seeks time to file reply. Mr. M.M. Ranjan, Sr. Counsel has prayed for interim relief stating that the amount sought to be recovered from the petitioners-

colleges is founded upon purportedly outstanding affiliation fee for the years when affiliation was not sought and infact when the respondent University was informed that the petitioners-

colleges were not further interested in affiliation for the diploma in Physiotherapy. In view of the submissions made, it is directed that no coercive steps be taken against the petitioners- Colleges for recovery of the outstanding amount till the next date. Put up on 29.1.2018, as prayed. Meantime, reply be filed."

The Co-ordinate Bench of this court in SB Civil Writ petition nos. 1461/2018 & 1462/2018 vide order dated 07.02.2018 passed the following order:-

" Mr. Jai Raj Tantia, counsel for the petitioner submits that the issue in this petition is identical to that in S.B. Civil Writ Petition No. 20728/2017 (Shrinath Education Institute and Another Versus Raj Health and Medical Science and Another) and other matters, where this Court while issuing notice on 12.12.2017 to the respondent- University had directed that in the meantime no coercive steps be taken against the petitioner- Colleges therein for recovery of the alleged outstanding amount till the next date. Counsel submits that petitioner-College similarly placed be also protected similarly in the interim.

Mr. R.K. Paliwal appearing for Mr. R.A. Katta files appearance and admits that the case of the petitionerCollege is identical to that of Shrinath Education Institute (supra). He submits that copy of the petition has been received and reply thereto will be filed within one week.

Tag with S.B. Civil Writ Petition No. 20728/2017 (Shrinath Education Institute and Another

(3 of 3) [CW-12252/2016]

Versus Raj Health and Medical Science and Another) and other matters.

Till next listing in court and hearing of the matter thereon, no coercive steps be taken against the petitionerCollege for recovery of the outstanding amount.

Put up on 28.2.2018, as prayed."

Taking into consideration that the institutes are not functioning since long even before the demand was raised. There is no occasion for the University to demand affiliation fee for the years when affiliation was not sought and colleges were not functioning.

In view thereof, the orders passed by this Court dated 12.12.2017, 18.12.2017 and 07.02.2018 are made absolute. No recovery for any outstanding amount shall be made. Moreso, admittedly the colleges are now not functioning and no admissions have been made. However it is informed to this Court subsequently by the University that any of the present petitioner institutes have been functioning, the aforesaid order shall have no effect and the University would be free to move an application for modification of this order.

The writ petitions accordingly stand disposed of. All pending applications also stand disposed of.

A copy of this order be placed in each connected file.

Counsel for the respondent(s) although opposed the writ

petitions but not disputed the judgment passed by the Co-ordinate

Bench of this Court in the matter of Shrinath Education Institute

(supra).

In that view of the matter, these writ petitions are disposed

of in view of the judgment passed by the Co-ordinate Bench of

this Court in the matter of Shrinath Education Institute (supra).

(INDERJEET SINGH),J

CHETNA BEHRANI /93-94