Dismissed

Sambal Shikshan and Jan Sahyog Samittee v. State of Rajasthan

Rajasthan HC28 Aug 2023CW/5364/2023

Case brief

AI extract

What is this about?

A single judge bench disposed of two connected writ petitions concerning non-issue of NOC by the State. The court relied on a previous Division Bench order directing NOC issuance upon undertaking, holding the same directions applicable here and dismissing the petitions pending the final appeal outcome.

What did the court decide?

Disposed of subject to final disposal of special appeal on conditions of issuing NOC upon undertaking of depositing disputed fine.

Sambal Shikshan and Jan Sahyog Samittee Vs State… — Education and Admissions | Rajasthan HC (2023)

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[2023:RJ-JD:27212]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 9671/2023

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Uday Baal Vidhya Mandir Skhisha Sanstha, Nana, Tehsil Bali, District Pali Through Its President Pratap Singh Bhati S/o Kishore Singh Bhati, Aged About 58 Years.

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----Petitioner

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Versus

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State Of Rajasthan, Through Its Principal Secretary, Higher Education, Government Of Rajasthan, Secretariat, Jaipur.

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The Commissioner, College Education, Government Of Rajasthan, Jaipur.

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The Joint Director (Private Institutions), Block-4, Shiksha Sankul, Jan Marg, Jaipur.

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Dy. Director, College Education, Jaipur.

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----Respondents

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Connected With

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S.B. Civil Writ Petition No. 5364/2023

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Sambal Shikshan And Jan Sahyog Samittee, Through Its Secretary, Jagdish Solanki, S/o Mohan Lal Solanki, 436 B Akash Deep Complex, Sardarpura, District Jodhpur.

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Principal, Gurukul Institute Of Commerce And Advance Studies, C/o Shri New Balvidya Bhawan, Milkman Colony, Pal Road, Jodhpur.

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----Petitioners

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Versus

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State Of Rajasthan, Through Its Principal Secretary, Higher Education, Government Of Rajasthan, Secretariat, Jaipur.

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The Commissioner, College Education, Government Of Rajasthan, Jaipur.

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The Joint Director, (Private Institution), Block-4, Shiksha Sankul, Jan Marg, Jaipur.

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Dy. Director, College Education, Jaipur.

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----Respondents

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For Petitioner(s) : Mr. Vineet R.Dave. For Respondent(s) : Mr. Manish Vyas, AAG.

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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28/08/2023

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(2 of 4) [CW-9671/2023]

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[2023:RJ-JD:27212]

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Learned counsel for the parties have jointly shown the order passed by the Division Bench at Jaipur of this Hon’ble Court in the matter of State of Rajasthan & Ors. Vs. Gurukul Institution of Education & Anr. (D.B. Civil Special Appeal (Writ) No.631/2022) alongwith other connected matters on 31.01.2023, which reads as follows:

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“D.B. Civil Special Appeal (Writ) No. 824/2022 has been filed beyond the period of limitation and, therefore, application seeking condonation of delay in filing of the aforesaid appeal has also been filed.

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Considering that in the similar appeals having already been filed, the issue is being examined by this Court, the delay in filing of the aforesaid appeal is condoned. Application seeking condonation of delay in filing of the aforesaid appeal is allowed.

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Applications for appropriate directions have been filed in D.B. Civil Special Appeal (Writ) Nos. 631/2022, 526/2022, 782/2022 and 940/2022.

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The prayer made in the aforesaid applications is that even though the order has been passed by the learned Single Judge in favour of the respondents-private educational institutions, NOC is not being issued by the State authorities/Commissioner, Higher Education, insisting for payment of fine amount under Circular dated 03.06.2019 read with order dated 19.07.2022.

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Learned counsels for the respondents would submit that the appeals are pending consideration before this Court and the respondents are prepared to give undertaking that in the event, the appeal is decided against them, they shall pay the amount as demanded by the State authorities.

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Learned counsel for the State would submit that the order passed by the learned Single Judge has been challenged in these appeals filed by the State and interim orders have also been passed in favour of the State on prima facie consideration that the Commissioner, Higher Education had the authority under the law to issue direction which was impugned in the writ petitions. He would further submit that if the institutions do not deposit the amount and the students enrolled with those institutions are allowed to appear in examinations by way

(3 of 4)

[2023:RJ-JD:27212]

[CW-9671/2023]

of grant of NOC, the institutions, at a later stage, may avoid discharge of their obligation in the event of appeals being allowed.

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Taking into consideration the submissions of learned counsels for the respective parties and further that the issue with regard to the authority of the Commissioner, College Education is under consideration in these appeals and further taking into consideration that unless NOC is issued by the State authorities, the students enrolled with respondents-institutions may not appear in the forthcoming examinations and also that the respondentsinstitutions are prepared to give undertaking, we are inclined to issue a direction that the appellants shall provide NOC to the respondents-institutions upon furnishing undertaking that in the event any adverse order is passed against them, the entire amount demanded from them shall be deposited in the office of the Commissioner, College Education. The said undertaking shall also be treated as undertaking given before this Court in the matters where aforesaid applications have been filed.

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It goes without saying that once NOC is granted by the State upon submission of undertaking by the institutions/colleges concerned, the University would admit the students of those institutions/colleges for examinations.

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Aforesaid applications are, accordingly, disposed off. List these matters after four weeks.

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Interim orders earlier passed in the appeals shall

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continue subject to the directions as aforesaid.”

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Learned counsel for the parties jointly submit that the present petition may be disposed of subject to the final disposal of the special appeal, on the same conditions, which have been imposed by the Hon’ble Division Bench in the case of State of

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Rajasthan & Ors. Vs. Gurukul Institution of Education & Anr. (supra) .

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The proposition made is justified, the aforesaid directions issued by the Division Bench of this Hon’ble Court shall apply on both the parties and the final outcome shall accordingly hold the field for the purpose of final determination of the dispute.

(4 of 4)

[2023:RJ-JD:27212]

[CW-9671/2023]

In view of the above, the instant petitions are disposed of. All pending applications also stand disposed of.

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(DR. PUSHPENDRA SINGH BHATI), J.

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43-44-Jitender

Sambal Shikshan and Jan Sahyog Samittee v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sambal Shikshan and Jan Sahyog Samittee v. State of Rajasthan

Case brief

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