ORDER : DINESH MEHTA, J. S.B. Civil Writ Petition No.5599/2021. 1. The matter comes up for consideration of an application dated 13.02.2024, whereby the petitioner has prayed that the respondent-University be directed to declare result of the students (60), who have been given admission during the pendency of the present writ petition, more particularly, in pursuance of interim order dated 05.04.2021, passed by Co-ordinate Bench of this Court. 2. Mr. Kotwani, learned counsel for the petitioner submitted that the Pharmacy Council of India (hereinafter referred to as ‘the Council’) had given approval for the year 2019-2020 to commence first year of ‘D’ Pharma Course for 60 students whereafter, the petitioner which had applied for affiliation started pursuing the Rajasthan University of Health Sciences (hereinafter referred to as ‘RUHS or the University’) for granting affiliation, so that it can get final approval of the Council. 3. Before the academic session 2020-2021 began, the Council conducted an inspection on 24.02.2020 and in furtherance thereof issued a show cause notice dated 31.08.2020 interalia observing that the petitioner had not submitted consent of affiliation by the Examining Authority (RUHS) and staff was not available as per the applicable Regulations. The petitioner was asked to respond and meet out the deficiencies failing which it was observed that the approval granted to it would be withdrawn. 4. The petitioner has set up a case that as the petitioner did not give any admission in the year 2019-2020 and the inspection was held in the month of February 2020, the requisite teaching staff was not found during inspection, but on the advent of Covid-19, all the sessions got delayed and then the staff had been recruited, requisite inspection fee and affiliation fee had been deposited. According to the petitioner, when the counseling for the year 2020-2021 began, the petitioner was not allowed to take part and hence, instant writ petition came to be filed. 5. Mr. Kotwani, contended that since, the petitioner was having approval of the Council (may be for the year 2019-2020) and consent by the respondent-University, it had preferred the writ petition under anticipation that the Council will give requisite approval, as no final order had been passed in pursuance of show cause notice dated 31.08.2020 and the petitioner had removed/cured all the discrepancies. 6. 6. In the writ petition so filed by the petitioner, on 05.04.2021 a Co-ordinate Bench of this Court was pleased to pass the following order:- “In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court. Learned counsel for the petitioner submits that through Annex-10, RUHS has given affiliation to the petitioner-College. He has also pointed out through Annex-3 that Pharmacy Council of India, the recognition has been given to the petitioner-College for D.Pharma course. He further submits that despite the affiliation and the recognition, the respondents are not included the petitioner-College in the counseling for no good reason. Issue notice. Mr. Pankaj Sharma, AAG accepts notice on behalf of the respondent No.1. Mr. Mukesh Rajpurohit, ASG accepts notice on behalf of respondent No.2. Mr. Rajesh Punia, learned counsel accepts notice on behalf of respondent No.3. They seek some time to complete their instructions. List on 22.04.2021. In the meanwhile, the petitioner-College shall be provisionally permitted to participate in the ongoing counseling for D.Pharma course for the academic year 2020-2021. However, the result of the counseling shall not be finalized qua the college in question without prior permission of this Court.” 7. Mr. Kotwani, learned counsel for the petitioner submitted that by the time the interim order came to be passed (on 05.04.2021), the counseling was already over and therefore, the petitioner-College gave admission to the students from management quota, at their own. 8. Learned counsel for the petitioner submitted that except for the year 2020-2021, the petitioner-College did not give admission to any student until it got approval/affiliation by the respective institutions in the year 2023-2024. 9. Learned counsel for the petitioner submitted that the petitioner-College had given admission to 60 students treating the interim order to be a permission to grant admission and since, the Council and RUHS have given approval/affiliation may be subsequently, it is clear that the petitioner-College was fulfilling all the criteria. 10. He argued that it was only because of the technical reasons, the Council had issued a show cause notice. He submitted that even the discrepancies pointed by the Council vide its notice dated 31.08.2020 (Annexure-7) had been appropriately addressed. 11. Mr. Kotwani, learned counsel for the petitioner also submitted that during period 2019-2020 till 2023-2024, the petitioner has been paying applicable inspection fees so also affiliation fees to the respondent-University. 12. He submitted that even the discrepancies pointed by the Council vide its notice dated 31.08.2020 (Annexure-7) had been appropriately addressed. 11. Mr. Kotwani, learned counsel for the petitioner also submitted that during period 2019-2020 till 2023-2024, the petitioner has been paying applicable inspection fees so also affiliation fees to the respondent-University. 12. He prayed that the respondent-University be directed to declare the result of the students who have completed two years’ course during the pendency of the present writ petition, on account of interim order passed in their favour. 13. Mr. Punia, learned counsel appearing for the University opposed the petitioner’s prayer and submitted that interim order dated 05.04.2021 passed by this Court was only in relation to petitioner’s participation in the counseling and since, the counseling was already over, the petitioner should have either got clarification from this Court or should not have admitted the students, at all. 14. He asserted that when the petitioner did not have affiliation for want of approval by the Council, it could not have given admission to the students. 15. Learned counsel appearing for the Council was not in a position to satisfy the Court as to whether the approval granted to the petitioner on 15.06.2019 was either withdrawn. He however, submitted that as the petitioner could not properly satisfy the Council in pursuance of notice dated 31.08.2020, the approval granted to the petitioner-College should be deemed to have been canceled. He argued that the stand of the respondent-University is correct that the petitioner should not have given admission to the students. 16. Heard learned counsel for the parties and perused the record. 17. It is clear from the record that the approval which the Council had granted to the petitioner on 15.06.2019 was not revoked or withdrawn and only a show cause notice was issued by the Pharmacy Council of India to the petitioner-College. 18. According to the petitioner it has cured the discrepancies pointed by the Council by its notice dated 31.08.2020. 19. 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. 20. Be that as it may. A Co-ordinate Bench of this Court considering the petitioner’s case worth indulgence had granted the aforesaid interim order. 21. 19. 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. 20. Be that as it may. A Co-ordinate Bench of this Court considering the petitioner’s case worth indulgence had granted the aforesaid interim order. 21. True it is, that going by the tenor and spirit of the interim order, the petitioner could only take part in the counseling and it could not give admission at its own accord. The admissions given by the petitioner-College were, therefore, irregular. 22. 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. 23. 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. 24. 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. 25. The petitioner-College shall have to deposit the cost of Rs.15 Lakhs by 31.08.2024 and the result of the students shall be declared only after the aforesaid cost has been deposited by the petitioner-College. 26. It will be required of the Registrar of University to keep a separate account of the amount deposited by the petitioner-College and spend the amount as and when required. 27. Needless to observe that henceforth the petitioner shall not give admission to the students, without there being due approval by the Pharmacy Council of India and affiliation by the respondent-University. 28. The writ petition so also all the interlocutory applications including stay application stand disposed of. S.B. Civil Writ Petition Nos. 15101/2022 and 17749/2022:- 1. These two petitions have been filed by the students, who were granted admissions in ‘D’ Pharma Course for academic year 2020-2021 by Shri Sawai College (petitioner in S.B. Civil Writ Petition No.5599/2021). 2. 28. The writ petition so also all the interlocutory applications including stay application stand disposed of. S.B. Civil Writ Petition Nos. 15101/2022 and 17749/2022:- 1. These two petitions have been filed by the students, who were granted admissions in ‘D’ Pharma Course for academic year 2020-2021 by Shri Sawai College (petitioner in S.B. Civil Writ Petition No.5599/2021). 2. In view of the above order passed in S.B. Civil Writ Petition No.5599/2021, S.B Civil Writ Petition Nos.15101/2022 and 17749/2022 stand disposed of, as no separate order is required. 3. Stay applications also stand disposed of accordingly.