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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE VINIT KUMAR MATHUR, J
EKLAVYA SCHOOL OF PHARMACY – Appellant
Versus
STATE OF RAJASTHAN – Respondent
ORDER :
VINIT KUMAR MATHUR, J.
1. Heard learned counsel for the parties.
2. Issue notice.
3. Mr. N.S. Rajpurohit, learned Additional Advocate General appears on behalf of respondent No 2.1 and Mr. Mahendra Vishnoi, learned counsel appears for respondent No.2, therefore, service is complete.
4. Learned counsel for the petitioner submits that the petitioner has applied for upgradation of his institution for imparting education of B.Pharma course and the application for grant of ‘No Objection Certificate’ (NOC) for the same is pending consideration with the State Government. He submits that the last date for submitting the application for getting affiliation from the respondent No.2-Rajasthan University of Health Sciences (RUHS) is 09.03.2025 with penalty. He further submits that in case the NOC is not granted by State Government till 09.03.2025, then the petitioner will be deprived to apply for grant of affiliation from the respondent No.2-RUHS.
3. Shri Rajpurohit, learned Additional Advocate General appearing for the respondent-State submits that on earlier two occasions, although he has taken time to complete his instructions but till today, the application of the petitioner for grant of
The court emphasizes timely administrative decisions regarding educational institution affiliations, allowing provisional applications while awaiting necessary approvals.
The court allows provisional affiliation application pending NOC decision, emphasizing timely action by the State Government to prevent hardship.
The court allows provisional application for affiliation pending NOC decision, emphasizing that no equity will arise if NOC is denied.
The court established that a valid NOC must be honored, and arbitrary denial of affiliation based on provisional claims is legally unsustainable.
The court emphasized the necessity for administrative bodies to make timely decisions on pending applications and provide fair hearing opportunities in accordance with procedural fairness.
The court mandated that the State Government must expeditiously consider the petitioner's application for NOC to increase BAMS seats, ensuring compliance with regulatory standards.
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