Saloni Institute Of Medical Sciences vs. Rajasthan University Of Health Science

Facts

The petitioner, Saloni Institute of Medical Sciences, sought annual affiliation for the academic session 2024-25 from the Rajasthan University of Health Science (RUHS). The petitioner had previously obtained No Objection Certificates (NOCs) from RUHS and the State Government. A ban on admissions was imposed in 2014 due to an Anti Corruption Bureau (ACB) inspection, but the ACB later filed a negative final report. Subsequent writ petitions filed by the petitioner for various academic sessions, including 2023-24, were allowed by the High Court, directing RUHS to grant affiliation and enroll students. RUHS had demanded an affiliation fee of Rs. 24,39,000/- for the interregnum period, which the petitioner paid. Despite this, RUHS refused affiliation for 2024-25, citing a lack of a fresh order from the State and claiming the previous approval was provisional. RUHS also raised a demand for interest and GST on the affiliation fee.

Held

The Court held that the stand of RUHS in refusing annual affiliation for the academic session 2024-25 was arbitrary and unsustainable. The Court found no justification for RUHS to consider the petitioner's affiliation as provisional, especially after the negative final report by the ACB and the allowance of previous writ petitions by a coordinate bench. The Court also found the demand for interest and GST by RUHS to be an untenable, arbitrary, and an afterthought, particularly as the amount of Rs. 24,39,000/- was disclosed by RUHS itself and had been paid by the petitioner. The Court reasoned that the embargo imposed by the State in 2014 had lost its efficacy after the ACB's negative report and the subsequent court orders. The Court directed RUHS to grant annual affiliation to the petitioner-institution not only for the current session (2024-25) but also for ensuing sessions as long as the petitioner remains eligible. The Court also directed that if any extra amount was deposited by the petitioner, RUHS should consider a representation for refund or adjustment.

Key Issues

1. Whether the Rajasthan University of Health Science (RUHS) is justified in refusing annual affiliation to the petitioner-institution for the academic session 2024-25, considering the previous orders of this Court and the State Government's NOC, and if so, under which provision of law? Petitioner's Argument: The petitioner argued that respondents were unnecessarily harassing the institution by refusing annual affiliation without valid reasons. They contended that previous writ petitions for multiple sessions had been allowed, and the State Government had issued a valid NOC for the session 2023-24, which should extend to subsequent sessions as long as the petitioner remains eligible. The petitioner also argued that the demand for interest and GST by RUHS was arbitrary and an afterthought. Respondents' Argument (State): The State submitted that any action to be taken was the responsibility of RUHS. Respondents' Argument (RUHS): RUHS argued that the provisional approval granted by the State Government was specifically for the 2023-24 session. As there was no fresh order from the State for the 2024-25 session, RUHS could not grant annual affiliation. RUHS also raised a claim for interest pendente lite and GST, stating these had not been paid by the petitioner.