Alok Sharma, J. - (1.) THE petitioner institute has challenged the order dated 22 -4 -2014 passed by the Rajasthan University of Health Sciences (RUHS) whereby its application for affiliation to the RUHS for its Post Basic B.Sc. (Nursing) Course for the Academic Session 2013 -14 was rejected on the ground that it was beyond the statutorily prescribed date even if reckoned with late fee charge and penalty. A direction to the RUHS has also been sought for the affiliation of the petitioner institute's M.Sc. (Nursing) Course in the academic session 2013 -14 and 2014 -15. But this later prayer of the petitioner Institute has been abandoned by counsel with liberty to re -agitate the issue independently, if so required, by way of a separate writ petition. The liberty sought is granted.
(2.) CONSEQUENTLY this judgment would only address the purported right of the petitioner institute for the grant of affiliation for the academic session 2013 -14 for its Post Basic B.Sc. (Nursing) Course. Affiliation afresh to the RUHS of any college/institute or for an additional course or for extension of a pre -existing provisional affiliation is governed by Ordinance 73 of the University of Rajasthan Ordinance (hereinafter 'the Ordinance 73'), which has been adopted by the respondent RUHS. Ordinance 73 provides that a college applying for affiliation shall make a written application through proper channel to the Registrar accompanied with the necessary fee as prescribed under the Ordinance not later than 15th May of the preceding academic year for the recognition (affiliation) sought. Thereafter an application can be entertained between 16th May and 30th June provided valid special reasons for the delay to the satisfaction of the University authorities are made out and the application is accompanied with a late fee and penalty equal to amount of affiliation fee. Yet in respect of case of extension of provisional affiliation, an application can be accepted again as a special case at the discretion of the University even after 30th June, but not later than the date of commencement of the academic session. Ordinance 73, therefore covers all issues of affiliation.
(3.) MR . Mahendra Gaur, learned counsel for the petitioner has submitted that the University of Rajasthan Ordinance cannot attract to the case of the petitioner institute for affiliation with the RUHS in view of the fact that the RUHS is an independent autonomous statutory body constituted under the Rajasthan University of Health Sciences Act, 2005 (hereinafter 'the 2005 Act'). He submits that Section 39 of the 2005 Act provides for making of ordinances by the University itself, inter alia in respect of myriad matters such as those pertaining to courses of study, admission or enrollment of students, fee, qualifications or conditions requisite for any degree, diploma, certificate or fellowship. The manner of making ordinances is also set out in Section 40 of the 2005 Act. Counsel submits that the RUHS was/is under an obligation to promulgate its own ordinances and it does not lie within its jurisdiction to adopt ordinances of the University of Rajasthan. He submitted that Ordinance 73 is therefore quite irrelevant to the issue before this court.;