HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 23375/2025

1. The Tantia University, Hanumangarh Road, Sri

Ganganagar, Rajasthan Through Its Authorized Signatory Prakash Chandra S/o Shri Shakti Dan, Aged About 67

Years.

2. Dr. S.S. Tantia Medical College, Hospital And Research

Centre, Tantia University Campus, Hanumangarh Road, Sriganganagar Through Its Authorized Signatory Prakash

Chandra S/o Shri Shakti Dan, Aged About 67 Years.

----Petitioners

Versus

1. The State Of Rajasthan, Through The Principal Secretary,

Department Of Medical Education, Government Of

Rajasthan, Secretariat, Jaipur.

2. The Commissioner, Medical Education Bhawan, Near Pink

Square Mall, Govind Marg, Jaipur.

3. The Rajasthan Neet Pg Admission/counseling Board-2025,

Sms Medical College And Attached Hospitals, Jaipur,

Rajasthan Through Its Chairman.

4. Fee Regulatory Committee, For The State Of Rajasthan,

Through Its Member Secretary, Department Of Medical

Education, Government Of Rajasthan, Secretariat, Jaipur.

----Respondents

For Petitioner(s) : Mr. Akhilesh Rajpurohit (VC)

Mr. Nishant Bapna

Mr. Sourabh Rajpurohit

For Respondent(s) : Mr. NS Rajpurohit, AAG

Ms. Aditi Sharma

Ms. Kanchan Jodha

HON'BLE MR. JUSTICE SANDEEP SHAH

Order

01/12/2025

1. Issue notice. Issue notice of the stay application as well.

2. Mr. NS Rajpurohit, learned Additional Advocate General puts

in appearance for all the respondents. Hence, service is complete.

3. Learned counsel for the petitioners submits that the University in question is a private University and is governed by the Tantia University, Sri Ganganagar Act 2013 promulgated by the State Government. He further submits that the University has granted liberty to determine the fee structure as far as PG Courses are concerned, after taking approval from the Committee and the State Government cannot provide uniform fee structure for the University in question.

4. Learned counsel refers to the order passed by the Hon’ble Apex Court dated 16.02.2015 in Civil Leave to Appeal No.35001/2023 “Mahatma Gandhi University of Medical Science and Technology v. Sachin Mehta and Ors.”, as also, the order dated 18.11.2025 passed by a Coordinate Bench of this Court in S.B. Civil Writ Petition No.22028/2025 “Geetanjali University v. State of Rajasthan & Anr.” and another connected matters, to emphasize that similarly situated Universities, which are also private Universities, the interim orders have been passed in their favour, while granting them liberty to charge the fees as per the Act and not per the fees fixed by the State Governments. He, therefore, prays for passing of identical order in the present case also, as the last date for locking of the fees is fixed for today only, as far as the PG course is concerned.

5. Per contra, the learned Additional Advocate General submits that there were certain orders of Hon’ble Apex Court as well as a judgment of Division Bench, which could not be brought to the notice of the Court at the time when the interim orders were passed in the case of Geetanjali University (supra). He, however, is not in a position to dispute the fact that identical orders have been passed by the Hon’ble Apex Court as well as by this Court.

He further prays for short time to file reply.

6. Considering the submissions raised as well as the urgency pointed out, the respondent-State is directed not to insist for payment of fees as per Annexure-6 and the petitioner-University shall charge fee as per Section 33 of the University Act, 2013 for the PG Course in question, for which, the fee locking date is fixed as tomorrow i.e. 02.12.2025. However, it is made clear that the fee charged by the petitioner-University shall be subject to the final outcome of the present writ petition and the petitioner- University shall give an undertaking in this regard to the State that in case any adverse order is passed against them, then they shall refund the fee to the State Government, who shall forward the same to the students concerned.

7. List the mat