MOHAMMAD RAFIQ,J. - (1.) This special appeal seeks to challenge order dated 18.08.2018 passed by learned Single Judge of this Court, whereby prayer of the appellant-writ petitioner for staying operation and effect of the e-mail/letter dated 14.08.2018 issued by Respondent No. 4 (Annexure-12 of writ petition) and permitting the appellant to run the course of Diploma in Pharmacy for Academic Session 2018-19, has been declined and S. B. Civil Misc. Stay Application No. 14813/2018 filed by the appellant along with S. B. Civil Writ Petition No. 18385/2018 has been dismissed.
(2.) Mr. S.S. Hora, learned counsel appearing on behalf of the appellant-Global College of Pharmacy submitted that the appellant moved an application before respondent-State Government for grant of No Objection Certificate (for short 'NOC') for starting new course of Diploma in Pharmacy on 21.08.2017. The appellant also applied for affiliation to Rajasthan University of Health Sciences (for short 'RUHS') on 29.12.2017 for Academic Session 2018-19 and deposited affiliation fees and annual fees. The appellant also applied to Pharmacy Council of India for grant of approval to start Diploma Course in Pharmacy. However, the Registrar, Pharmacy Council of India issued a letter to the appellant informing about the decision of 284th EC (January, 2018) of the Pharmacy Council of India dated 19.01.2018 whereby approval was granted to the appellant to conduct Diploma Course in Pharmacy. The appellant also moved an application before All India Council for Technical Education (for short 'AICTE') sometime in January, 2018, seeking approval to start Diploma Course in Pharmacy from Academic Session 2018-19, but the Letter of Approval was belatedly issued to the appellant on 30.04.2018 to conduct Diploma Course in Pharmacy with intake of 60 students for Academic Session 2018-19. The State Government issued Letter of Intent to the appellant-college on 29.05.2018. RUHS required the appellant to deposit late fees which was deposited by the appellant on 31.05.2018. Thereafter, RUHS constituted an inspection team to inspect the college on 08.06.2018. The inspection team inspected the college on 18-19th June, 2018. Three deficiencies were pointed out by the inspection team on 17.07.2018. The appellant-college removed all the three deficiencies on 18.07.2018. Learned counsel argued that name of the appellant-college was sent for counseling to the Pharmacy Counseling Board on 27.07.2018 with intake of 60 seats in the tentative seat matrix and 11 students were also allotted to the appellant between 03.08.2018 to 07.08.2018. These students were to join by 10.08.2018 and thereafter unfilled seats were to be filled in by the appellant up to 15.08.2018 through management quota. However, the State Government surprisingly vide letter dated 08.08.2018 issued NOC to the appellant-college for Academic Sessions 2019-20 instead of 2018-19. The appellant made representation to the Principal Secretary, Medical Education Department, State of Rajasthan, Jaipur on 10.08.2018. However, the appellant was surprised to receive an e-mail from Pharmacy Counseling Board at 4.14 P.M. on 14.08.2018 revoking permission for Academic Session 2018-19 on the ground that it received letter dated 13.08.2018 from RUHS that State Government has issued NOC for Academic Session 2019-20 and not for 2018-19. According to the appellant, it had given admission to 51 students by then and four of them were those who had joined through counseling conducted by Pharmacy Counseling Board. The appellant then filed writ petition before this Court on 16.08.2018, but the learned Single Judge vide order dated 18.08.2018 dismissed the stay application filed by the appellant along with the writ petition.
(3.) Learned counsel submitted that NOC of the State Government may not be necessary once the appellant-college has been granted approval by AICTE and affiliation by RUHS with the name of the appellant being included in the counseling by the Pharmacy Counseling Board. Since Pharmacy Council of India accorded approval to the appellant on 19.01.2018 and AICTE accorded approval to the appellant for the Academic Session 2018-19 on 30.04.2018, therefore, the State Government was wholly unjustified in not granting NOC to the appellant for Academic Session 2018-19. Learned counsel in support of this argument relied on the judgments of the Supreme Court in State of Maharashtra v. Sant Dnyaneshwar Shikshan Shastra Mahavidyalaya and Others, (2006) 9 SCC 1 and Jaya Gokul Educational Trust v. Commissioner and Secretary to Government Higher Education Department, Thiruvanathapuram, Kerala, (2000) 5 SCC 231 , and submitted that NOC by the State Government was therefore wholly unnecessary.;