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Apex College of Pharmacy v. Rajasthan University of Health Sciences

Rajasthan HC16 May 2022CW/9810/2019

Case brief

AI extract

What is this about?

Various pharmacy institutes filed writ petitions seeking affiliation for Diploma in Pharmacy and setting aside conditions/penalties. The Benches held that since prior orders passed by this Court had already disposed of matters for the 2019-20 session, the petitions had become infructuous.

What did the court decide?

Writ petitions dismissed as having become infructuous due to prior orders; pending applications disposed of.

Apex College of Pharmacy Vs Rajasthan University… — Education and Admissions | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN

¶2

BENCH AT JAIPUR

¶3

D.B. Civil Writ Petition No. 8644/2019

¶4

Bharti Pharmacy College, Reengus, Sikar, Through Its Secretary Radhakishan Ranwa Son Of Shri Partaram Ranwa, Aged About 42 Years, Resident Of Sikar(Raj.)

¶5

----Petitioner

¶6

Versus

¶7

Rajasthan University Of Health Sciences, Kumbha Marg, Pratap Nagar, Jaipur Through Its Registrar.

¶8

All India Council For Technical Education, Nelson Mandela Marg, Vasant Kunj, New Delhi, Through Its Member Secretary.

¶9

----Respondents

¶10

Connected With

¶11

D.B. Civil Writ Petition No. 8634/2019

¶12

Vivekanand College Of Pharmacy, Sanwali, Sikar, Through Its Secretary Omprakash Ranwa Son Of Shri Rameshwar Lal, Aged About 30 Years, Resident Of Nawalgarh Road, Sikar(Raj.).

¶13

----Petitioner

¶14

Versus

¶15

Rajasthan University Of Health Sciences, Kumbha Marg, Pratap Nagar, Jaipur Through Its Registrar.

¶16

All India Council For Technical Education, Nelson Mandela Marg, Vasant Kunj, New Delhi, Through Its Member Secretary.

¶17

----Respondents

¶18

D.B. Civil Writ Petition No. 8635/2019

¶19

Saint Soldier College Of Pharmacy, Civil Lines Road, Tal Katora Circle, Tonk, Through Its Managing Director, Hitesh Sharma Son Of Shri Babu Lal Sharma, Aged About 29 Years ,resident Of Civil Lines Road, Tal Katora Circle, District Tonk(Raj.).

¶20

----Petitioner

¶21

Versus

¶22

Rajasthan University Of Health Sciences, Kumbha Marg, Pratap Nagar, Jaipur Through Its Registrar.

¶23

All India Council For Technical Education, Nelson Mandela

¶24

(2 of 10)

¶25

[CW-8644/2019]

¶26

Marg, Vasant Kunj, New Delhi, Through Its Member Secretary.

¶27

----Respondents

¶28

D.B. Civil Writ Petition No. 8637/2019

¶29

Poddar International College Of Pharmacy, Fathapuria Vas, Kumaiayas Road, Vatika, Teh. Chaksu, Jaipur, Through Its Secretary Prashant Sharma Son Of Shri Hari Sankar Sharma, Aged About 45 Years, Resident Of 26-F-1, Chatanya Bhihar, Gopalpura Bypass, District Jaipur(Raj.).

¶30

----Petitioner

¶31

Versus

¶32

Rajasthan University Of Health Sciences, Kumbha Marg, Pratap Nagar, Jaipur Through Its Registrar.

¶33

All India Council For Technical Education, Nelson Mandela Marg, Vasant Kunj, New Delhi, Through Its Member Secretary.

¶34

----Respondents

¶35

D.B. Civil Writ Petition No. 8638/2019

¶36

Shri Hari Pharmacy College, Hanumangarh Road, Sardar Shahar, District Churu, Through Its Secretary Pawan Kumar Sharma Son Of Shri Mangi Lal Sharma, Aged About 40 Years, Resident Of Ward No. 18, Sardar Shahar, District Churu(Raj.).

¶37

----Petitioner

¶38

Versus

¶39

Rajasthan University Of Health Sciences, Kumbha Marg, Pratap Nagar, Jaipur Through Its Registrar.

¶40

All India Council For Technical Education, Nelson Mandela Marg, Vasant Kunj, New Delhi, Through Its Member Secretary.

¶41

----Respondents

¶42

D.B. Civil Writ Petition No. 8639/2019

¶43

Khairthal Pharmacy College, Village Raipur Mewan, Tehsil Kishangarh Bas, Alwar, Through Its Chairman Abhay Singh Son Of Shri Ramniwas Yadav, Aged About 35 Years, Resident Of W. No. 25, Anand Nagar, Khairthal, Alwar(Raj.).

¶44

----Petitioner

¶45

Versus

¶46

Rajasthan University Of Health Sciences, Kumbha Marg,

¶47

(3 of 10)

¶48

[CW-8644/2019]

¶49

Pratap Nagar, Jaipur Through Its Registrar.

¶50

All India Council For Technical Education, Nelson Mandela Marg, Vasant Kunj, New Delhi, Through Its Member Secretary.

¶51

----Respondents

¶52

D.B. Civil Writ Petition No. 8640/2019

¶53

Vivekanand College Of Pharmacy, Katar Chhoti, Tehsil Bidasar, District Churu, Through Its Secretary Ramchandra Legha Son Of Shri Laxman Ram, Aged About 43 Years, Resident Of Village Sajansar, Tehsil Bidasar, District Churu(Raj.).

¶54

----Petitioner

¶55

Versus

¶56

Rajasthan University Of Health Sciences, Kumbha Marg, Pratap Nagar, Jaipur Through Its Registrar.

¶57

All India Council For Technical Education, Nelson Mandela Marg, Vasant Kunj, New Delhi, Through Its Member Secretary.

¶58

----Respondents

¶59

D.B. Civil Writ Petition No. 8642/2019

¶60

Global Pharmacy College, Kuchaman City, Nagaur, Through Its Secretary Sultan Singh Thalod Son Of Shri Rameshwar Lal, Aged About 37 Years, Resident Of Raghunathpura, Khud, Sikar(Raj.).

¶61

----Petitioner

¶62

Versus

¶63

Rajasthan University Of Health Sciences, Kumbha Marg, Pratap Nagar, Jaipur Through Its Registrar.

¶64

All India Council For Technical Education, Nelson Mandela Marg, Vasant Kunj, New Delhi, Through Its Member Secretary.

¶65

----Respondents

¶66

D.B. Civil Writ Petition No. 8643/2019

¶67

Tagore Pharmacy College, Kuchaman City, Nagaur, Through Its Secretary Rameshwar Lal Nehra, Son Of Shri Laxman Ram, Aged About 50 Years, Resident Of Village Molyasi, Distt. Sikar(Raj.).

¶68

----Petitioner

¶69

Versus

¶70

Rajasthan University Of Health Sciences, Kumbha Marg, Pratap Nagar, Jaipur Through Its Registrar.

¶71

(4 of 10)

¶72

[CW-8644/2019]

¶73

All India Council For Technical Education, Nelson Mandela Marg, Vasant Kunj, New Delhi, Through Its Member Secretary.

¶74

----Respondents

¶75

D.B. Civil Writ Petition No. 8645/2019

¶76

Dr Radha Krishanan Pahrmacy College, Kuchaman City, Nagaur, Through Its Secretary Jagdish Prasad Son Of Shri Khamana Ram, Aged About 48 Years, Resident Of Mirdha Nagar, Deedwana Road, Kuchaman City, Nagaur(Raj.).

¶77

----Petitioner

¶78

Versus

¶79

Rajasthan University Of Health Sciences, Kumbha Marg, Pratap Nagar, Jaipur Through Its Registrar.

¶80

All India Council For Technical Education, Nelson Mandela Marg, Vasant Kunj, New Delhi, Through Its Member Secretary.

¶81

----Respondents

¶82

D.B. Civil Writ Petition No. 8646/2019

¶83

Navjeevan College Of Pharmacy, Khuri Bari, Laxmangarh, Sikar, Through Its Secretary Sunil Kumar Son Of Shri Banwari Lal, Aged About 36 Years, Resident Of Village Bhukra Ka Bass, Post Rashidpura, Tehsil Dhod, District Sikar(Raj.).

¶84

----Petitioner

¶85

Versus

¶86

Rajasthan University Of Health Sciences, Kumbha Marg, Pratap Nagar, Jaipur Through Its Registrar

¶87

All India Council For Technical Education, Nelson Mandela Marg, Vasant Kunj, New Delhi, Through Its Member Secretary.

¶88

----Respondents

¶89

D.B. Civil Writ Petition No. 8647/2019

¶90

Marudhar College Of Pharmacy, Kuchaman City, Nagaur, Through Its President Babulal Choudhary, Son Of Shri Birjmohan Gawaria, Aged About 44 Years, Resident Of Krishna Hospital, Deedwana Road, Kuchaman City, Nagaur(Raj.).

¶91

----Petitioner

¶92

Versus

¶93

Rajasthan University Of Health Sciences, Kumbha Marg,

¶94

(5 of 10)

¶95

[CW-8644/2019]

¶96

Pratap Nagar, Jaipur Through Its Registrar.

¶97

All India Council For Technical Education, Nelson Mandela Marg, Vasant Kunj, New Delhi, Through Its Member Secretary.

¶98

----Respondents

¶99

D.B. Civil Writ Petition No. 8648/2019

¶100

Salasar Balaji Institute Of Pharmacy, Behind Circuit House, Jaipur Road, Sikar, Through Its Secretary Snehalata Wife Of Ranjit Singh, Age 32 Years, Resident Of Of B-5, Todi Nagar, Sikar.

¶101

----Petitioner

¶102

Versus

¶103

Rajasthan University Of Health Sciences, Kumbha Marg, Pratap Nagar, Jaipur Through Its Registrar.

¶104

All India Council For Technical Education, Nelson Mandela Marg, Vasant Kunj, New Delhi, Through Its Member Secretary.

¶105

----Respondents

¶106

D.B. Civil Writ Petition No. 8649/2019

¶107

Ramkumari College Of Pharmacy, Mukundgarh Mandi, Jhunjhunu Through Its Secretary Raman Kumar Son Of Shri Shubhkaran Choudhary, Age 45 Years, Resident Of Mukundgarh Mandi, District Jhunjhunu.

¶108

----Petitioner

¶109

Versus

¶110

Rajasthan University Of Health Sciences, Kumbha Marg, Pratap Nagar, Jaipur Through Its Registrar.

¶111

All India Council For Technical Education, Nelson Mandela Marg, Vasant Kunj, New Delhi, Through Its Member Secretary.

¶112

----Respondents

¶113

D.B. Civil Writ Petition No. 8650/2019

----Petitioner

Versus

(6 of 10)

[CW-8644/2019]

Rajasthan University Of Health Sciences, Kumbha Marg, Pratap Nagar, Jaipur Through Its Registrar.

¶120

All India Council For Technical Education, Nelson Mandela Marg, Vasant Kunj, New Delhi, Through Its Member Secretary.

¶121

----Respondents

¶122

D.B. Civil Writ Petition No. 8651/2019

¶123

Mahala Institute Of Pharmacy, A Unit Of Shree Shyam Shikshan Sansthan, Khatushyam Ji Road, Reengus, Sikar, Through Its Secretary Vishal Mahala Son Of Bhagirath Mahala, Age 42 Years, Resident Of B-5 Jamunapuri, Murlipura Scheme, Jaipur.

¶124

----Petitioner

¶125

Versus

¶126

Rajasthan University Of Health Sciences, Kumbha Marg, Pratap Nagar, Jaipur Through Its Registrar.

¶127

All India Council For Technical Education, Nelson Mandela Marg, Vasant Kunj, New Delhi, Through Its Member Secretary.

¶128

----Respondents

¶129

D.B. Civil Writ Petition No. 8652/2019

¶130

Gurukul Pharmacy College, Ipb-13, Riico Institutional Area, Ranpur, Kota, Through Its Secretary Dr. Ashish Dutt Sharma Son Of Shri M. D. Sharma, Aged About 42 Years, Resident Of Ipb-13, Riico Institutional Area, Ranpur, Kota(Raj.).

¶131

----Petitioner

¶132

Versus

¶133

Rajasthan University Of Health Sciences, Kumbha Marg, Pratap Nagar, Jaipur Through Its Registrar.

¶134

All India Council For Technical Education, Nelson Mandela Marg, Vasant Kunj, New Delhi, Through Its Member Secretary.

¶135

----Respondents

¶136

D.B. Civil Writ Petition No. 8653/2019

¶137

Blm College Of Pharmacy, Village Rajota, Teh. Khetri, Distt. Jhunjhunu, Through Its Joint Secretary Dr. Amit Meharda Son Of Dr. B. L. Meharda, Aged About 41 Years, Resident Of 4-K-24, Jawahar Nagar, Jaipur(Raj.).

----Petitioner

(7 of 10)

[CW-8644/2019]

Versus

Rajasthan University Of Health Sciences, Kumbha Marg, Pratap Nagar, Jaipur Through Its Registrar.

¶143

All India Council For Technical Education, Nelson Mandela Marg, Vasant Kunj, New Delhi, Through Its Member Secretary.

¶144

----Respondents

¶145

D.B. Civil Writ Petition No. 8723/2019

¶146

Sri Balaji College Of Pharmacy, Benad Road,(Mecheda), Near Dadi Ka Phatak, Jaipur, Through Its Member Of Executive Committee, Dr. Karni Singh Shekhawat Son Of Sh. Sugan Singh Shekhawat, Aged About 49 Years, Resident Of Benad Road, (Mecheda), Near Dadi Ka Phatak, Jaipur(Raj.).

¶147

----Petitioner

¶148

Versus

¶149

Rajasthan University Of Health Sciences, Kumbha Marg, Pratap Nagar, Jaipur Through Its Registrar.

¶150

All India Council For Technical Education, Nelson Mandela Marg, Vasant Kunj, New Delhi, Through Its Member Secretary.

¶151

----Respondents

¶152

D.B. Civil Writ Petition No. 8724/2019

¶153

Maharaja Agrasen College Of Pharmacy, Khorki Road, Nagar, Bharatpur, Through Its Secretary Ramavtar Mittal Son Of Late Shri Babu Lal Gupta, Aged About 62 Years, Resident Of Panda Ka Mandir, Nagar, Bharatpur(Raj.).

¶154

----Petitioner

¶155

Versus

¶156

Rajasthan University Of Health Sciences, Kumbha Marg, Pratap Nagar, Jaipur, Through Its Registrar.

¶157

All India Council For Technical Education, Nelson Mandela Marg, Vasant Kunj, New Delhi, Through Its Member Secretary.

¶158

----Respondents

¶159

D.B. Civil Writ Petition No. 8726/2019

¶160

Times Pharmacy College, Hma, Hanumangarh Town, Hanumangarh, Through Its Chairman Sagarmal Laddha Son Of Shri Bhagirath Laddha, Aged About 62 Years, Resident Of

(8 of 10)

[CW-8644/2019]

Hanumangarh(Ra.).

----Petitioner

Versus

Rajasthan University Of Health Sciences, Kumbha Marg, Pratap Nagar, Jaipur Through Its Registrar.

¶167

All India Council For Technical Education, Nelson Mandela Marg, Vasant Kunj, New Delhi, Through Its Member Secretary.

¶168

----Respondents

¶169

D.B. Civil Writ Petition No. 8727/2019

¶170

Mahatma Gandhi Engineering College, Shivdaspura, Tonk Road, Jaipur, Through Its Secretary Shri Ajay Diwakar Agarwal Son Of Shri Madan Mohan Agarwal, Aged About 50 Years, Resident Of D-55, Jyoti Marg, Bapu Nagar, Jaipur (Raj.)

¶171

----Petitioner

¶172

Versus

¶173

Rajasthan University Of Health Sciences, Kumbha Marg, Pratap Nagar, Jaipur Through Its Registrar.

¶174

All India Council For Technical Education, Nelson Mandela Marg, Vasant Kunj, New Delhi, Through Its Member Secretary.

¶175

----Respondents

¶176

D.B. Civil Writ Petition No. 9186/2019

¶177

Vivekanand College Of Pharmacy, Sanwali, Sikar, Through Its Secretary Omprakash Ranwa Son Of Shri Rameshwar Lal, Aged About 30 Years, Resident Of Nawalgarh Road, Sikar (Raj.).

¶178

----Petitioner

¶179

Versus

¶180

Rajasthan University Of Health Sciences, Kumbha Marg, Pratap Nagar, Jaipur Through Its Registrar.

¶181

All India Council For Technical Education, Nelson Mandela Marg, Vasant Kunj, New Delhi, Through Its Member Secretary.

¶182

----Respondents

¶183

D.B. Civil Writ Petition No. 9810/2019

¶184

Apex College Of Pharmacy, Viii Fatehpur Nagla Dhor, Bharatpur, Through Its Secretary Ashalata Fouzdar W/o Dharamveer Singh, Aged 32 Years, Resident Of Mehrawar, Kumher, Bharatpur (Raj.).

(9 of 10)

[CW-8644/2019]

----Petitioner

Versus

Rajasthan University Of Health Sciences, Kumbha Marg, Pratap Nagar, Jaipur Through Its Registrar.

¶190

All India Council For Technical Education, Nelson Mandela Marg, Vasant Kunj, New Delhi, Through Its Member Secretary.

¶191

----Respondents

¶192

For Petitioner(s) : Mr. Vijay Poonia, Adv. Mr. Naveen Dhuwan, Adv. Mr. Pradeep Bochaliya, Adv. For Respondent(s) : Mr. Ravi Chirania, Adv. Mr. Dinesh Yadav, Adv. Mr. Mahendra Verma, Adv. Mr. Aman Bohra, Adv. Mr. Naman Jain, Adv. for Mr. V.K. Gupta, Adv.

¶193

HON'BLE MR. JUSTICE PRAKASH GUPTA HON'BLE MR. JUSTICE SAMEER JAIN

¶194

Order

¶195

16/05/2022

¶196

The present bunch of writ petitions are filed by the petitioner-institutes involving identical and common issues for consideration and are therefore taken for disposal by the common order.

¶197

The facts of the case are that various institutes had filed petitions for issuance of necessary directions to the respondentuniversity to grant affiliation to the petitioner-institute for Diploma in Pharmacy for the academic session 2019-20. Further the petitions were filed for setting aside the conditions of obtaining NOC from the State Government, as imposed by the respondentuniversity. Further the petitions were also filed for quashing and setting aside the conditions enumerated under ordinance 80 of the

¶198

(10 of 10)

¶199

[CW-8644/2019]

¶200

respondent-university as amended/substituted by way of notification no.1/2017 dated 15.06.2017, to the extent of imposition of penalty and late fee. Further, the petition was also filed for quashing and setting aside the impugned office order dated 04.12.2018 to the extent it imposed penalty and late fee on the provisional affiliation and fresh affiliation.

¶201

In the light of above said prayers, it was further requested for processing the applications of the petitioner-institutes and thereby grant appropriate provisional or final affiliation in the course of Diploma in Pharmacy for approved annual intake of 60 seats for academic session 2019-20.

¶202

At the outset, learned counsel for the petitioner submitted that as the prayers pertained to academic session 2019-20, in terms of order dated 14.08.2019, 28.05.2019 and 31.05.2019 passed by this Court, the petitions have become infructuous and therefore there is no reason to persuade further.

¶203

The respondent’s counsels appearing had no objection qua the said submission.

¶204

In the light of above submissions of the petitioner’s counsel, the writ petitions are dismissed as having become infructuous. 7. All pending applications also stand disposed of.

¶205

(SAMEER JAIN),J

¶206

(PRAKASH GUPTA),J

¶207

Arun/149-172

Apex College of Pharmacy v. Rajasthan University of Health Sciences

Case brief

What is this about?

What did the court decide?

Apex College of Pharmacy v. Rajasthan University of Health Sciences

Case brief

What is this about?

What did the court decide?

What the court decided

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