Students Bonafide Took Admission, Dismissing Plea Will Impact Their Future: Rajasthan HC Directs Declaration Of Results Of Students Admitted Irregularly

The Bench observed that while Shri Sawai College of Pharmacy's admissions were irregular since they were only permitted to take part in the counselling of students, the Court stated that the results of the bonafide students should be declared, as they had paid their fees and spent two years under the impression that the college was entitled to admit them.

A Single Bench of Justice Dinesh Mehta observed, “But then, having regard to the fact that 60 students bonafidely got admission, paid fees and spent their two years, under the impression that the petitioner is entitled to admit the students, this Court feels that if this writ petition is dismissed, it would serve no cause. In any case, dismissal of writ petition would impact future of these 60 students for none of their fault…For the reasons aforesaid and in the interest of justice, this Court deems it expedient to direct the respondent-University to declare the result of the students who have been given admission and taught by the petitioner-College..”

Advocate CS Kotwani appeared for the petitioner, while Advocate Rajesh Poonia represented the respondents.

The College had filed an application for the Court to direct the RUHS to declare the result of the students who had been given admission during the pendency of the petition in pursuance of an interim order passed by a Co-ordinate Bench of the High Court.

The College submitted that the Pharmacy Council of India (Council) had approved the commencement of the first year of the 'D' Pharma Course for 60 students in 2019-2020. Following this, the college applied for affiliation and began pursuing RUHS for approval to secure final clearance from the Council.

Before the 2020-2021 academic session, the Council conducted an inspection and subsequently issued a show cause notice due to the lack of RUHS affiliation consent and insufficient staff as per regulations. The college was instructed to address these issues or face withdrawal of the approval.

The University asserted that when the college did not have the required affiliation by the Council, it could not have given admission to the students in the first place.

The High Court noted that the approval granted by the Council to the college was neither revoked nor withdrawn and only a show cause notice was issued by the Council to the college.

“But, the approval granted by the Council was for academic year 2019-2020, whereas the petitioner gave admission to the students in academic year 2020-2021, for which there was no valid approval by the Council,” the Bench remarked.

The Court noted 60 students who got admission in a bonafide manner had paid fees and spent their two years, under the impression that the college was entitled to admit them. Therefore, the Court stated that the dismissal of the petition would serve no cause as it would impact the “future of these 60 students for none of their fault.”

However, the Court directed that the College would first have to deposit a cost of Rs.15 Lakhs before the results of the students could be declared. “As a cost of giving irregular admission, the petitioner-College shall pay a sum of Rs.15 Lakhs to the respondent-University, which the respondent-University shall spend for the library of the students,” the Bench directed.

Consequently, the Court observed that henceforth the college “shall not give admission to the students, without there being due approval by the Pharmacy Council of India and affiliation by the respondent-University.”

Accordingly, the High Court disposed of the petition.

Cause Title: Shri Sawai College Of Pharmacy v. State Of Rajasthan & Ors. (Neutral Citation: 2024:RJ-JD:32205)

Appearance:

Petitioner: Advocates CS Kotwani and Yash Rajpurohit

Respondents: Advocate Rajesh Poonia, Ruchi Parihar and Pankaj Sharma; AAG NS Rajpurohit

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