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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE VINIT KUMAR MATHUR, J
GLOBAL PHARMACY COLLEGE – Appellant
Versus
THE STATE OF RAJASTHAN – Respondent
Order :
1. Heard learned counsel for the parties.
2. 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.6-Rajasthan University of Health Sciences (RUHS) is 07.02.2025. He further submits that in case the NOC is not granted by State Government till 07.02.2025, then the petitioner will be deprived to apply for grant of affiliation from the respondent No.6-RUHS and he will also have to burden the penalty for not depositing the form and the requisite fees before the cut-off date.
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 g
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 emphasizes timely administrative decisions regarding educational institution affiliations, allowing provisional applications while awaiting necessary approvals.
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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