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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
CW / 3753 / 2025
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 NOC has not been decided by the State Government.
4. In these circumstances, the petitioner is permitted to provisionally apply for grant of affiliation to the respondent No.2- RUHS by depositing appropriate form and requisite fees and the respondent No.2-RUHS is directed to issue the Consent of Affiliation on provisional basis.
5. It is made clear that the grant of affiliation will remain subject to the outcome of the writ petition and in case the NOC is not granted by the State Government, the petitioner will not claim any equity on the basis of this interim order.
6. It is further ordered that the State Government will decide the case of the petitioner for grant of NOC within a period of four weeks from today.
7. It will be open for the respondents to file an appropriate application for vacation/modification of the interim order passed by this Court.
8. List on 25.03.2025.
9. Let the name of Mr. Mahendra Vishnoi, learned counsel be shown in the cause-list as counsel for the respondent No.2-RUHS.
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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