Hill Grove Cols Institute Of Pharmacy Behind Mahaveer Hospital vs. Rajasthan University Of Health Sciences

The present writ petition has been filed under Article 226 of the Constitution of India with the following prayers :- “a. By an appropriate writ, order or direction, the communication dated 24.01.2024 (Annex-7) may kindly be quashed and set aside and affiliation fee calculation

2024 (Annex-9) may also be quashed and set aside. b. By an appropriate writ, order or direction, the respondent-RUHS may kindly be directed to grant annual affiliation for the academic session 2024-25 on the basis of application submitted through online portal on 22.12.2023. c. By an appropriate writ, order or direction, the respondent-RUHS may kindly be directed to renew its annual affiliation for the academic session 2024-25, and to permit the petitioner-institute to continue intake

Brief facts of the case are that the petitioner is an institute of registered society namely, Vishwa Bharti Sikshan Sansthan registered under the Societies Registration Act, 1958 (‘Act of 1958’). The registered society submitted an application to the Government of Rajasthan, Medical Education Department seeking no objection certificate from the Government in order to run the institute of pharmacy in the name of Hill Grove Col’s Institute of Pharmacy, Koliwada, Sumerpur. The Medical Education Department issued no objection certificate dated 26.11.2015 for the purpose of opening the pharmacy college for D Pharma Course for the session 2016. The petitioner-institute started a pharmacy course for the session 2016-2017 with the intake capacity of 60 seats. The petitioner-institute submitted the renewal application for every academic session which was granted in favour of the petitioner and the petitioner-institute was issued renewal application lastly on 17.08.2022 for the academic session 2023-24 vide order dated 17.08.2022 (Annex-3). On 30.11.2023, the respondent-university issued a communication, according to which, the renewal of annual affiliation and prescribed fee was mentioned. The said fee was to be submitted by way of annual application for affiliation from RUHS for the academic session 2024-25. As per the schedule, the online portal for depositing the fee started with effect from 01.12.2023 to 31.12.2023 without late fees and from 01.01.2024 to 31.01.2024 with late fees with penalty equal to the amount of affiliation fees and further from 01.02.2024 to 29.02.2024 with penalty equal to total amount of

The petitioner-institute applied for the renewal of affiliation for the academic session 2024-25 by way of submitting the application on 22.12.2023. As soon as the petitioner opened the link for submission of online application, the automatically generated details were flashed on the portal including the amount of fee. The petitioner while operating the portal for online renewal affiliation application and submitted necessary details with regard to its renewal, upon which, the annual affiliation fees was mentioned as Rs.2,96,800/- along with the details of the fee to be deposited and further an amount of 18% GST was also mentioned as Rs.53,424/- and the total amount of affiliation fee was mentioned and automatically flashed as Rs.3,50,224/- and just below the said amount, there was an amount of Rs.60/- shown as ‘already deposited fee’ and thus, the total affiliation fees required to be paid as generated was Rs.3,50,164/- (Annex-5). The petitioner deposited the said amount from its bank account bearing No.00000031888710599 and transferred the amount to the respondent-university through online mode, which was successfully accepted by the official website portal of the respondent-university. The petitioner-institute received a communication dated 24.01.2024 (Annex-7), in which, it was informed to the petitioner that the petitioner had deposited an annual affiliation fee of Rs.3,50,164/- instead of Rs.3,50,224/- and there was a shortfall of Rs. 60/-. It was further mentioned that in accordance with the timeline, the petitioner-institute had to

Learned counsel for the petitioner submits that when the petitioner-institute filled the application form for the affiliation on 22.12.2023 and filled the requisite details automatically the amount to be deposited by the petitioner as fee was automatically generated on the official website of the respondent-university and the annual affiliation fee reflecting Rs.2,96,800/- as well as already deposited fee to the tune of Rs. 60/- was automatically generated.

Learned counsel for the petitioner further submits that as the official website had automatically generated the already deposited fees to the tune of Rs.60/-, the petitioner-institute was under the impression that the said amount is already been deposited and is lying with the respondents and thus, the amount that is to be paid by the petitioner is total fee to the tune of Rs.3,50,164/- as reflected in Annexure-5. [2024:RJ-JD:24326] (5 of 8) [CW-2292/2024]

Learned counsel for the petitioner further submits that the said column in the official website which reflects already deposited fee is automatically generated and the petitioner has not filled up the said column manually, thus, in case, there is any shortfall to the tune of Rs. 60/-, the petitioner-institute cannot be held liable for the same as the mistake is on the part of the respondent’s official website which automatically generated and reflected Rs.60/- under the column already deposited fee.

Learned counsel for the petitioner also submits that as per the Notification dated 30.11.2023 (Annexure-4), the last date for submission of form without penalty was upto 31.11.2023 and the petitioner has been communicated of the deficiency on 24.01.2024 (Annexure-7) and in case, if the same would have been communicated to the petitioner well within time, then the petitioner would have removed the shortfall of Rs.60/- as pointed out by the respondent-university before the cut off date i.e. 31.12.2023. 8. Learned counsel for the respondent-university submits that the contention of the petitioner that the amount Rs.60/- has automatically been generated by the respondent-university on its official website is absolutely false as the said column is to be filled up manually. He, thus, submits that the amount of Rs.60/- is filled manually by the petitioner-institute and thus, on account of wrong calculation made by the petitioner-institute, the petitioner- institute for the annual affiliation has to deposit the penalty equal to the amount of affiliation fee as laid down in the Notification dated 30.11.2023 (Annexure-4).

Learned counsel for the respondent further submits that an additional affidavit has been filed by the respondent-university while submitting in that the said column which mentions about Already Deposited amount is to be filled up manually by the concerned institute and is not automatically generated column. He fairly submits that otherwise as soon as the details of the institute are filled up by the concerned institute, the description for the purpose of Annual Affiliation Fee is generated automatically by the official website of the respondent-university and also the total fee, GST amount as well as Total Affiliation Fee and the Affiliation Fee paid is generated automatically except for the Already Deposited Fee part.

Heard learned counsel for the parties and perused the material available on record.

The petitioner-institute has duly deposited a sum of Rs.3,50,164/- as reflected from Annexure-5 on 22.12.2023 well within time with the respondent-university for the purpose of annual affiliation of the petitioner-institute. The shortfall in the annual affiliation fee as pointed out by the respondent-university by way of communication dated 24.01.2024 (Annexure-7) is only to the tune of Rs.60/-.

Thus, this cannot be assumed that the petitioner-institute did not have the intention of paying the said amount of Rs. 60/- once he has already paid an amount of Rs.3,50,164/- and non- depositing of Rs.60/- cannot be said to be intentional on the part of the petitioner-institute. The shortfall of Rs.60/- while depositing the Annual Fee for affiliation is definitely a confusion created on

As submitted by learned counsel for the respondent- university, all the columns which pertain to the Deposit of the Annual Fee are generated automatically by the official website of the university except for Already Deposited fee column, however, it is not acceptable as once all the columns are automatically generated including the Total Affiliation Fee to be paid by the institute then in such case, the Already Deposited Fee column also seems to be generated automatically on their official website. However, the contention of the petitioner is that the said columns ‘Already Deposited Fee’ is automatically generated and cannot be filled up manually whereas learned counsel for the respondent- university submits that the said column has to be filled up manually. In any case, if the respondent-university would have communicated the deficiency of Rs.60/- to the petitioner-institute well in time, then, the petitioner would not have been burdened to pay the penalty equal to the amount of the affiliation fee.

As per the notification, the petitioner-institute has to pay a hefty amount as Annual Fee for the purpose of affiliation which is reflected from Annexure-9, a sum of Rs.10,51,852/- i.e. penalty equal to the amount of affiliation fee whereas earlier the petitioner had paid a sum of Rs.3,50,164/- meaning thereby, that the petitioner shall have to deposit Affiliation Fee almost three times to the Already Deposited Fee.

As per the Schedule of the Notification, if the applications are submitted beyond the cutoff date i.e. 31st December 2023, penalty of Rs.10,51,852/-, three times of the affiliation fee, is to be paid

Thus, in the peculiar facts and circumstances of the case, the present writ petition is allowed. The impugned order dated 24.01.2024 (Annexure-7) and order dated 01.02.2024 (Annexure- 9) are quashed and set aside. The petitioner-institute is thus directed to deposit the shortfall amount of Rs.60/- as pointed out by the communication dated 24.01.2024 (Annexure-7) within one month along with penalty of Rs.1,00,000/- to the respondent- University. The respondents are directed to accept the said Fee along with penalty for the purpose of affiliation of the petitioner- institution for the Academic Session 2024-25. The respondent shall consider the said application filed by the petitioner and if the petitioner fulfills all the requisites for the purpose of affiliation, the respondent shall accordingly grant affiliation to the petitioner strictly in accordance with law. Stay application, as well as all other pending applications, if any, also stand disposed of. (DR. NUPUR BHATI),J 304-ajayS/-