Rajasthan High Court - Jodhpur
Clg Shikshan Shansthan vs The Rajastha University Of Helth ... on 29 October, 2025
Author: Rekha Borana
Bench: Rekha Borana
[2025:RJ-JD:46614]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 11986/2018
Clg Shikshan Shansthan, Office At Kushagra, E-44, Kalpatru
Shopping Centre, Shastri Nagar, Jodhpur Through Its Chairman,
Dr. Chhagan Lal Gehlot, S/o Sh. G.r. Gehlot, Aged About 46
Years, Resident Of Clg Campus, Jawai Bandh, Sumerpur, District
Pali.
----Petitioner
Versus
1. The Rajastha University Of Helth Science, Sector 18,
Kumbha Marg, Pratap Nagar, Tonk Road, Jaipur, Through
Its Vice Chancellor, Rajasthan University Of Health
Sciences, Sector 18, Kumbha Marg, Pratap Nagar, Tonk
Road, Jaipur.
2. The Registrar, Rajasthan University Of Health Sciences,
Sector 18, Kumbha Marg, Pratap Nagar, Tonk Road,
Jaipur.
----Respondents
For Petitioner(s) : Mr. Karan Parihar
For Respondent(s) : Mr. Aditya Singhi
HON'BLE MS. JUSTICE REKHA BORANA
Order
29/10/2025
1. The present writ petition has been filed with the following
prayers:
"a) by an appropriate writ, order or direction the
respondent University may kindly be directed to include the
name of the petitioner college in the Tentative Seat Matrix
for B. Pharma and D. Pharma Courses (2018-19) and the
respondent University may kindly be directed to permit the
petitioner college to grant sanction intake of students and
may kindly be permitted to conduct counseling for
D.Pharma.
(b) That the respondent University may kindly be directed
to grant affiliation to the petitioner for the session 2018-
2019.
(c) the respondent University may kindly be directed to
refund the penalty amount taken by them from the
petitioner college.
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(d) grant such further relief(s) which in the facts and
circumstances of this case may do complete justice to the
petitioner; and
(e) costs of the writ petition may kindly be awarded to the
petitioner."
2. So far as prayer No.(a) is concerned, vide interim order
dated 13.08.2018, the respondents were directed to provisionally
allot students to the petitioner-Institute in the ongoing admission
process for D.Pharma Courses 2018-19. Admittedly, the students
were allotted and they even completed their D.Pharma course.
Hence, prayer No.(a) stands taken care of.
3. Prayer No.(b) pertained to Year 2018-19 and the same has
clearly rendered infructuous.
4. Only prayer No.(c) survives as of date.
5. Counsel for the petitioner submits that the last date for
submitting the application for affiliation was 31.12.2017. The
requisite fee was deposited by the petitioner-Institute on
27.12.2017 (Annexure-2) and on the same date, the application
was sent by registered post. However, the application admittedly
reached the office of the respondent-University on 01.01.2018 and
it is only because of the said delay of one day that a penalty of
double the amount of requisite fee with additional fee of Rs.500/-
was imposed on the petitioner-Institute.
6. Counsel while relying upon Section 10 of the General Clauses
Act, 1897 (hereinafter referred to as 'the Act of 1897') and a
judgment passed by the Co-ordinate Bench of this Court at Jaipur
Bench in S.B. Civil Writ Petition No.19964/2019; Chitranshi
Goyal vs. Indian Oil Corporation (decided on 22.02.2022)
submitted that 31.12.2017 was a holiday being Sunday and
hence, the application received by the respondent-University on
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01.01.2018 ought to have been termed to be in time. No penalty
could have been imposed on the petitioner-Institute.
7. Per contra counsel for the respondent-University submits
that when once last date was fixed by the University, the
petitioner-Institute was under an obligation to forward the
application within time so as to reach by 31.12.2017.
8. Heard the counsels. Perused the record.
9. It is an admitted and evident fact that the requisite fee was
deposited on 27.12.2017 as reflected by the receipts placed on
record. The application being forwarded vide registered post on
28.12.2017 is also evident from the postal receipt.
10. One relevant fact which deserves consideration is that the
application was forwarded by the petitioner Institute through
email on 17.12.2017 itself. The said fact has not been denied by
the respondent University. Meaning thereby, the soft copy of the
application was very well received by the office of the respondent
University before 31.12.2017. Further, the deposit of requisite fee
was also prior to the said last date.
11. While placing reliance on a Co-ordinate Bench judgment of
this Court in S. B. Civil Writ Petition No.4687/2007; State &
Ors. Vs. Hotel Ajeet Bhawan & Anr. (decided on 08.08.2007),
this Court is of the opinion that the intention of the petitioner
Institute was clear when the requisite fee was deposited on
27.12.2017 i.e. before the last date of filing of the application.
Further, office order dated 13.12.2017 (Annexure-1) nowhere
reflects the last date to be for application through offline mode
only. This Court is of the clear opinion that once requisite fee was
deposited within the prescribed time and the application was
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forwarded through online mode before the last date, it could not
have been concluded that the same was delayed.
12. Further as observed in Chitranshi Goyal's case (supra), as
per Sections 9 and 10 of the General Clauses Act, computation of
time and manner of computation excludes the date of filing when
there are public holidays. Admittedly, 31.12.2017 was a Sunday
and hence, hard copy of the application received in the office of
the respondent University on the very next day i.e. 01.01.2018,
cannot be termed to be delayed. The same ought to have
accepted by the respondent-University without imposition of any
penalty.
13. In view of the above observations, order dated 24.03.2018
(Annexure-R/3) being in contravention to the settled proposition
of law, deserves to be and is hereby quashed and set aside. The
present writ petition stands allowed.
14. As is admitted on record, the penalty amount was deposited
by the petitioner-Institute under protest on 03.08.2018. The
respondent-University shall be under an obligation to refund the
same to the petitioner-Institute within a period of four weeks from
now. If the same is not refunded within the said period, it shall
carry interest @ 9% per annum from the date of its deposit till the
date of refund.
15. Stay petition and pending applications, if any, stand
disposed of.
(REKHA BORANA),J
89-KashishS/-
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