Writ petitions challenging non-approval for Livestock Assistant Diploma Training Course. Court upheld State Government's refusal citing 2022 policy, existing NOCs, and absence of new NOCs post-cut-off date, dismissing petitions.
The petitions are dismissed; all pending applications stand disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 17514/2022
Public Rose Shiksha Samiti (Baba Kamaldas Livestock Assistaint Diploma Training College), Hantra, Nadbai, Bharatpur, Rajasthan Through Its Secretary Shri Santosh Kumar S/o Shri Dwarika Prasad, Aged About 37 Years.
----Petitioner
Versus
----Respondents
Connected With
S.B. Civil Writ Petition No. 12510/2022
Shri Sai Institute Of Veterinary, Village Jairampura, Baniyana Road, Dausa Under Rashtriya Vidhya Sadan Samiti Dausa, B-3, Somnath Nagar, Agra Road, Dausa Through Its Secretary Avdhesh Sharma S/o Shri Mahesh Chand Sharma, Aged About 34 Years, R/o Somnath Nagar, Dausa.
----Petitioner
Versus
----Respondents
S.B. Civil Writ Petition No. 12514/2022
Kesar Institute Of Animal Husbandry, Sainthal Road, Dausa
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Under Maharshi Vidhya Niketan Sikshan Sansthan, Dausa Through Its Secretary Ashok Kumar Meena S/o Shri Puran Chandra Meena, Aged About 49 Years, R/o Hotel Kesar Palace, Opp. Durga Mandir, Sainthal, Dausa.
----Petitioner
Versus
----Respondents
S.B. Civil Writ Petition No. 17588/2022
Public Rose Shiksha Samiti (D.p.m. Livestock Assistant Diploma Training College), Sarasaina, Vair, Bharatpur, Rajasthan, Through Its Secretary Shri Santosh Kumar S/o Shri Dwarika Prasad, Aged About 37 Years.
----Petitioner
Versus
----Respondents
| For Petitioner(s) | : Mr. Ankur Mathur |
|---|---|
| For Respondent(s) | : Mr. Anil Kumar Gaur, AAG assisted by |
| Mr. Salman Agha |
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
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28/08/2023
(iii) By an appropriate writ, order or direction, the respondent may also be directed to include the name of the petitioner society in the list of eligible institutions for imparting Livestock Assistant Diploma Training Course.
(iv) Or any other appropriate order or direction, which this Hon’ble Court, may deem just and proper in the facts and circumstances of the case, may also kindly be passed in favour of the petitioner.
(v) Cost of the litigation may kindly be awarded in favour of the petitioner.”
2.1 Learned counsel further submit that since 2009, consideration of the case of the petitioner-Societies remained pending and the permission sought for by it was not granted by
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the respondents. The petitioner-Societies repeatedly took up the issue, but to no avail.
2.2 Learned counsel also submit that even thereafter, without conducting the inspection and without keeping into consideration that five different institutions have been granted NOC for the course in question. The respondents have rejecting the claim of the petitioner-Society vide order dated 25.02.2022.
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requirement, and also the old applications are automatically rejected.
3.1. Mr. Gaur, further submits that a fresh cut off date has emanated out of the departmental procedure/guidelines/policy of 2022, which has been brought in vogue on 29.09.2022 for the enhancement of seats and issuance of NOC for the newly
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established colleges, and thus, the new cut off date is 29.09.2022 and the respondents have not granted any NOC to any institutions after 29.09.2022.
3.2 Mr. Gaur, also submits that few of the institutions were granted NOC for the Course in question because they have filed contempt petitions and were having orders of this Hon’ble Court.
3.3 Mr. Gaur, further submits that the trade in question arising out of the Livestock Assistant Diploma Training Course (Veterinary Course) has a saturation and any kind of opening of such Course beyond the expert’s advice, in this regard, would not only be detrimental to the cause of students in question, but would also create havoc with the Livestock Assistant Diploma Training Course (Veterinary Course).
3.4 Mr. Gaur, also submits that the peculiarity of the educational qualification involved, does not permit the State to create any atmosphere for grant of NOC to the newly established colleges.
3.5 Mr. Gaur, reiterates his own submissions that the State shall maintain the sanctity of the guidelines of 29.09.2022 to the best of their ability.
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judgment passed in the case of Shree Ji Animal Husbandry (supra) , reproduced as above.
(DR. PUSHPENDRA SINGH BHATI), J.
287-290 Zeeshan
2 issues framed by the court
Whether the State Government should grant approval to petitioner societies for undertaking Livestock Assistant Diploma Training Institute Course.
Whether the refusal to grant NOC to petitioner societies is justified in light of the Policy/Policies introduced by the State from time to time.
Colour shows how this judgement treated each authority
Shree Ji Animal Husbandry Training Institute Vs. State of Rajasthan & Anr.Explained¶58
Shree Ji Animal Husbandry Training Institute Vs. State of Rajasthan & Anr. : S.B. Civil Writ Petition No.1366/2023
Sampat Pashudhan Sahayak Prashikshan Sanstan Vs. State of Rajasthan & Ors.Referred¶86
Sampat Pashudhan Sahayak Prashikshan Sanstan Vs. State of Rajasthan & Ors. : S.B Civil Writ Petition No.5798/2020
1 provisions across 1 enactments
Public Rose Shiksha Samiti (Baba Kamaldas Livestock Assistaint Diploma Training College) & Anrs.
State Of Rajasthan
Rajasthan University Of Veterinary And Animal Science
PUSHPENDRA SINGH BHATI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
