Honble GARG, J.–This writ petition under Article 226 of the Constitution of India has been filed by the petitioners on 23.9.2003 against the respondents with the prayer that by an appropriate writ, order or direction, the impugned order dated 11.9.2003 (Annex.8) passed by the respondent No. 1 State of Rajasthan, Technical Education Department, Jaipur by which:-

(i) the admissions given by the petitioners above the prescribed limit in the D-Pharmacy Course were cancelled;

(ii) only those students, who came through Rajasthan Pre- Pharmacy Test, 2003 were found eligible;

(iii) the Management quota of 9 seats was held to be within 60 seats and therefore, it was directed that names of only 60 candidates be sent.

be quashed and set aside and the respondents be directed to regularise all the 79 students admitted in the D-Pharmacy Course with the petitioners College and they be allowed to complete their Pharmacy Course.

(2). The case of the petitioners as put forward by them in this writ petition is as follows:-

The petitioner No. 2 Jan Hit Sewa Sansthan is a registered Society under the All India Council for Technical Education Act, 1987 (hereinafter referred to as ``the Act, 1987).

The case of the petitioners is that the applications were invited from the registered Societies and Trusts for opening Private Technical Colleges and in pursuance of that, the petitioners also applied in the name of petitioner No. 1 Agarwal Pharmacy College for two years Diploma Course in Pharmacy. The said application of the petitioners was accepted by the respondents through order Annex.1 dated 28.4.2003.

The further case of the petitioners is that the Technical Education Department, Government of Rajasthan, Jodhpur through letter Annex.2 dated 30.6.2003 informed the petitioners that the All India Council for Technical Education (for short ``AICTE) through letter Annex.3 dated 20.6.2003 granted the approval for opening of the Diploma Course in D-Pharmacy from the Academic Session 2003-04.

The further case of the petitioners is that though they applied for strength of 420 seats for admission in the Diploma Course in D-Pharmacy, but while granting permission, the AICTE, as per their policy, restricted the strength of the students upto 60 only.

The further case of the petitioners is that the State Government issued letter dated 21.5.2003 (Annex.5) to different universities in Rajasthan interpreting the judgment of the Honble Supreme Court in T.M.A. Pal Foundation and Ors. vs. State of Karnataka and Ors. (1), in which it was held by the Honble Supreme Court that all private Colleges, who are un-aided from the Government have liberty to give admissions at their own with a restriction only that the University calendar has to be followed by the State Unaided Technical Colleges.

The further case of the petitioners is that the Course of Diploma in D-Pharmacy for the Academic Session 2003-2004 was started from 1st of July, 2003 and in view of the letter Annex.5 dated 21.5.2003 issued by the State of Rajasthan, the petitioners at their own means managed to admit 30 students in the first year Diploma Course in D-Pharmacy and that Course was of two years.

It may be stated here that during the course of arguments, it has been frankly admitted by the learned counsel appearing for the respondents No. 1 and 2 that out of these 30 students, 9 students were of management quota taken from the merit list prepared by the respondent No. 4 Coordinator after holding Pre Pharmacy Test, 2003 and counselling. Thus, there remains dispute of only 21 students admitted by the petitioners at their own choice.

The further case of the petitioners is that a latter dated 1.07.2003 (Annex.6) was issued by the Coordinator, Pre Pharmacy Test, Jai Narain Vyas University, Jodhpur (respondent No. 4) to the petitioners and the same was received by them on 5.07.2003 and in that letter Annex.6, it was stated that the Coordinator was going to start the counselling of qualified candidates of PPT-2003 from 7th Jul

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