Rajasthan High Court - Jodhpur
Eklavya Denetal College And Hospital vs The Rajasthan University Of Health ... on 22 May, 2025
Author: Dinesh Mehta
Bench: Dinesh Mehta
[2025:RJ-JD:25126]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 2240/2021
1. Eklavya Dental College And Hospital, Delhi Jaipur Highway,
Kotputli-303108. Administrative Office - Ist A Road, Sardarpura,
Jodhpur Through Bhushan Agarwal Son Of Late Shri M.c.
Agarwal, Aged 41 Years, Executive Number And Head Of
Administrative Office Of Eklavya Dental College And Hospital. (A
Unit Of Raman Educational Society, Regd. Under Indian Society
Registration Act 1986 Bearing Society Regd No. 521/1998 (File
No. 36951M) Issued By Registrar Of Societies, Uttar Pradesh).
2. Acquila Ahad D/o Abdul Ahad Dar, aged 25 years, Resident of
Near Sharif Mazjid, Doabgah, Baramullaha, Jammu & Kashmir.
3. Arbina Nisar D/o Nisar Ahmed Khande, aged about 26 years,
Resident of Longpura, Matan, Palbagh Marten, Anantnag, District
Jammu & Kashmir.
4. Deepak Modi S/o Balkishan Modi, aged 24 years, Resident of
Village Runji, Tehsil Pachpahad, District Jhalawad (Raj.).
5. Raman Kumar Banjara S/o Thana Ram Guwaria, aged 25
years, Resident of New Abadi Village Mandalgarh, District
Bhilwara (Raj.).
6. Shalu Yadav D/o Suresh Yadav, Aged 23 years, Resident of
Village Kujota, Tehsil Kotputli, District Jaipur (Raj.).
----Petitioners
Versus
1. The Rajasthan University Of Health Science, Sector-18,
Kumbha Marg, Pratap Nagar, Jaipur-302033.
2. National Eligibility Entrance Test (Neet), Ug (Medical /
Dental), Entrance Board, Office Of Chairman, Principal
And Controller, Sms Medical College And Attached
Hospitals, Jaipur.
----Respondents
For Petitioner(s) : Mr. A.A. Bhansali
[2025:RJ-JD:25126] (2 of 5) [CW-2240/2021]
For Respondent(s) : Mr. S.S. Rathore, AAG assisted by
Mr. Pravin Kumar Choudhary
Mr. Mahendra Vishnoi
JUSTICE DINESH MEHTA
Order
22/05/2025
I.A.No.01/2025:-
1. The present application has been preferred on behalf of the
applicants/students, namely, Acquila Ahad, Arbina Nisar, Deepak
Modi, Raman Kumar and Shalu Yadav, for impleading them as
party respondents.
2. In view of the fact that the present applicants are the
students of petitioner-college and their interest is common to that
of the college, they are impleaded as petitioner Nos.2 to 6.
3. Office is directed to correct the cause title in official website.
S.B. Civil Writ Petition No.2240/2021 :-
1. Mr. Bhansali, learned counsel for the petitioners submitted
that the issue involved in the present writ petition is squarely
covered by the judgment dated 03.04.2025 passed by this Court
in a bunch of writ petitions led by S.B. Civil Writ Petition
No.1988/2021 (Pooja Punaram Patel & Ors. Vs. Rajasthan
University of Health Sciences & Anr.).
2. Mr. Rathore, learned Additional Advocate General appearing
for the Dental Council of India (hereinafter referred to as 'DCI')
submitted that the facts of the case are not exactly identical to the
case of Pooja Punaram Patel (supra). He informed that the
petitioner-Institution has given admissions to 5 more students
[2025:RJ-JD:25126] (3 of 5) [CW-2240/2021]
that too after cut-off date that too more than the permissible
capacity of 100 students.
3. Mr. A.A.Bhansali, learned counsel for the petitioners
submitted that those 5 students were given admissions only when
5 students who were earlier given admissions had left the college
and therefore, there is no substantial change.
4. Having heard learned counsel for the parties, this Court is of
the view that with above insignificant difference, the facts of the
present case are almost identical to one involved in the case of
Pooja Punaram Patel (supra).
5. The present writ petition is, therefore, disposed of in the
same terms and consequently, it is hereby ordered that newly
impleaded petitioner Nos.2 to 6 viz Acquila Ahad, Arbina Nisar,
Deepak Modi, Raman Kumar and Shalu Yadav shall pay a sum of
Rs.1 lac each.
6. Petitioner Nos. 2 to 6 shall furnish a demand draft of Rs.1 lac
each drawn in the name of Registrar, Rajasthan University of
Health Sciences within a period of one month from today.
7. On receiving of the demand draft and a webcopy of the order
instant, the respondent - RUHS shall issue them mark-sheets and
degrees.
8. Needless to observe that after the degrees have been issued
by the RUHS, the competent authority shall register the petitioner
Nos. 2 to 6 in accordance with law.
[2025:RJ-JD:25126] (4 of 5) [CW-2240/2021]
9. So far as petitioner No.1 - college (Eklavya Dental College &
Hospital) is concerned, it shall pay a fine of Rs.7,50,000/- per
student by 31.07.2025 to the Registrar, RUHS. In case, the college
fails to deposit said amount of Rs.7,50,000/- per student by
31.07.2025 (subject of course to its right of appeal etc.), the
Counseling Board shall not reflect name of such college in the list
of eligible colleges in the future counselling for admissions.
10. The Registrar, RUHS shall keep the amount in separate
account as and when deposited and shall then transmit the same
to the Principal and Controller, Government Dental College,
Jodhpur, who shall utilize the same for purchase of dental chairs
and some other equipments or for meeting out any capital
expenditure (not of revenue nature). The amount aforesaid shall
be utilized on or before 31.03.2026 and utilization certificate shall
be sent to the Registrar, RUHS so also to the DCI.
11. It is high time when the Court should warn the private
colleges to desist from giving irregular admissions. The order
instant has been passed being guided by the equity in light of
peculiar facts and considering that the contentious admissions
were given 5-6 years back. However, in future if any such irregular
admission is given by the colleges involved in the present writ
petition or by any other college, the DCI and RUHS shall take
stern action. They should not consider end of their duties by
imposition of fine - they should withdraw or revoke the recognition
granted to such college in accordance with law, obviously after
following principles of natural justice.
[2025:RJ-JD:25126] (5 of 5) [CW-2240/2021]
12. The stay application also stands disposed of, accordingly.
(DINESH MEHTA),J
86-akansha/-
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