Shri Balaji Institute Of Pharmacy vs Rajasthan University Of Health ...
2022 Latest Caselaw 1326 Raj/2

         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-

(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









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