HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Civil Writs No. 1907/2018

Medical And Technology Institute Of Nursing, Running By Ridhima Medical Education And Research Soci, Registered Add. - 1-B, Vishveshvariya Nagar, Gopalpura Bypass, Jaipur

----Petitioner

Versus

• 1. Rajasthan University Of Health Sciences, Kumbha Marg, Pratap Nagar, Jaipur Through Its Vice Chancellor
• 2. Rajasthan University Of Health Sciences, Kumbha Marg, Pratap Nagar, Jaipur Through Its Registrar
• 3. State Of Rajasthan Through The Secretary, Department Of Medical Education Gr-1, Secretariat, Jaipur.

----Respondents

Connected With

S.B. Civil Writs No. 1908/2018

R.r. College Of Nursing, Durga Devi Memorial Educational Trust, Through Its Director Sh. Rambabu Sh, Registered Add. - D-3, Murti Kala Colony, Gopalpura Bypass, Jaipur

----Petitioner

Versus

• 1. Rajasthan University Of Health Sciences, Kumbha Marg, Pratap Nagar, Jaipur Through Its Vice Chancellor
• 2. Rajasthan University Of Health Sciences, Kumbha Marg, Pratap Nagar, Jaipur Through Its Registrar
• 3. State Of Rajasthan Through The Secretary, Department Of Medical Education Gr-1, Secretariat, Jaipur.

----Respondents

For Petitioner(s)	:	Mr. Rahul Kamwar
For Respondent(s)	:	Mr. Kuldeep Kumar Sharma

HON'BLE MR. JUSTICE VEERENDR SINGH SIRADHANA

Order

07/01/2019

Counsel for the parties are not in dispute that controversy raised in the instant writ application stands resolved in view of the adjudication by a Coordinate Bench of this Court in the case of Dhanwantri Institute of Medical Sciences Vs. State of Rajasthan & Anr.: SBCWP No. 486/2010, decided on 3rd October, 2015, holding thus:

"The impugned order of imposition of additional penalty of Rs. 4,50,000/- is quashed with the directions to the University to refund the aforesaid amount to the petitioner Institution or to adjust the said amount in regard to the affiliation fee. If the aforesaid amount cannot be adjusted, obviously, it would be refunded to the petitioner Institution."

It is further informed that adjudication made by the Learned Single Judge has been confirmed by the Division Bench declining intra-court Appeal (D.B. Special Appeal (Writ) No. 396/2016; Rajasthan University of Health Science Vs. Dhanwantri Institute of Medical & Anr.), vide order dated 18th November, 2016.

In view of the statement aforesaid; instant writ applications stand allowed in terms of the order in the case of Dhanwantri Institute of Medical & Anr. (supra).

(VEERENDR SINGH SIRADHANA),J

Pooja/85-86