Allowed

St Joseph Siksha Samiti v. State of Raj and Ors.

Rajasthan HC5 Feb 2022CW/9524/2018

Case brief

AI extract

What is this about?

The court allowed the writ petition relying on a prior judgment (SB CWP No.8111/2019). The court directed the respondents to grant a No Objection Certificate (NOC) to the petitioner for setting up an agriculture college within 30 days of receiving the certified copy of this order.

What did the court decide?

Directing the respondents to grant NOC to the petitioner for setting up an agriculture college and convey the decision within 30 days.

St Joseph Siksha Samiti Vs State of Raj and Ors. — Education and Admissions | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 9524/2018

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St. Joseph Siksha Samiti through its Secretary Gordhan Hirani S/o Late Shri R.M. Hirani, aged about 47 years, R/o 31, Shivaji Colony, Jaipur Road, Chhawani, Tonk, Rajasthan.

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----Petitioner

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Versus

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State Of Rajasthan through Principal Secretary, Agriculture Department, Secretariat, Jaipur.

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Joint Director, Agriculture A.T.C., Commissionerate Of Agriculture Rajasthan, Jaipur.

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Commissioner, Commissionerate of Agriculture Rajasthan, Jaipur.

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----Respondents

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For Petitioner(s) : Mr. Indresh Sharma, through V.C. For Respondent(s) : Mr. Rajesh Maharshi, AAG, through V.C.

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HON'BLE MR. JUSTICE SAMEER JAIN

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Order

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05/02/2022

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Learned counsel for the petitioner submits that the lis in question has been settled by the Co-ordinate Bench of this court in SB CWP No.6321/2016, vide order dated 16.05.2017. The said cause and controversy was put to rest by directions and order of Division Bench of this court dated 04.09.2017 in DB SAW No.1226/2017. Learned counsel further submits that vide order dated 10.08.2020 in SB CWP No.8111/2019, the issue pertaining to NOC to run agriculture college has been decided by the respondents as well as settled by this Hon’ble court.

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(2 of 2)

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[CW-9524/2018]

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Vide SB CWP No.8111/2019 order dated 10.08.2020

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which is reproduced as under:-

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“In view thereof, this Court is of the view that the writ petition filed by the petitioner also deserves to be allowed and the same is accordingly allowed. The respondents are now directed to grant the NOC to the petitioner for setting up agriculture college and the decision in this regard be conveyed to the petitioner within a period of 30 days from today.”

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The Hon’ble Court has specifically directed that the respondents should grant NOC to the petitioner for setting up agriculture college and the decision in this regard be conveyed to the petitioner within a period of 30 days from today.

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Learned counsel for the respondents has drawn attention of this court on Annexure R/2 whereby it is an admitted fact that no such decision has been taken by the State pertaining to policy decision qua grant of NOC to the agriculture institutes.

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In the light of above, keeping in mind the settled position of law and the judgment of Co-ordinate Bench of this court in SB CWP No.8111/2019, this court directs the respondents to grant NOC to the petitioner for setting up agriculture college and the decision in this regard be conveyed to the petitioner within a period of 30 days, from the date of receipt of certified copy of this order.

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In the result, the writ petition is allowed.

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All pending applications are also disposed of.

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(SAMEER JAIN),J

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JKP/28

St Joseph Siksha Samiti v. State of Raj and Ors.

Case brief

What is this about?

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St Joseph Siksha Samiti v. State of Raj and Ors.

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