Rajasthan High Court
M.D. Private Industrial Training ... vs The State Of Rajasthan on 15 November, 2021
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 12520/2021
M.d. Private Industrial Training Institute
----Petitioner
Versus
The State Of Rajasthan
----Respondent
For Petitioner(s) : Ms. Sobha Sharma on behalf of Mr.
Sunil Kumar Jain
For Respondent(s) :
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
15/11/2021
Counsel for the petitioner submits that the issue involved in
this writ petition has already been considered by a Co-ordinate
Bench of this Court in the matter of Adarsh Private Ltd. Vs. State
of Rajasthan & Ors. (S.B. Civil Writ Petition No.750/2021), where
in on 07.09.2021, following order was passed:-
"In S.B. Civil Writ Petition No.
750/2021:
Learned counsel for the petitioners relies
on the judgment passed by the Court in
bunch of writ petitions with lead case of
Guru Kripa Pvt. Iti versus State of
Rajasthan & Anr. : S.B. Civil Writ Petition
No.7378/2020 to submit that those
institutions which have been functioning
prior to 2018 are not required to give a
bank guarantee as the order cannot be
treated retrospective in nature while
those which have been established or
which were already running from 2018
onwards are required to give bank
guarantee as desired by the Government
of India. The Court has further directed
that no insistence will be made to pay
bank guarantee for those colleges which
have got interim order for the session
2018 onwards.
Learned counsel submits that on account
of non-payment of bank guarantee, the
(2 of 2) [CW-12520/2021]
petitioners have been denied access to
the seat matrix by not including them
while the seat matrix has been opened
for other institutions on 30th July, 2014.
Learned counsel appearing for the State
submits that the bank guarantee for
future has to be paid and the judgment
is required to be read in that aspect and
wants to make further submission. He
also informs that there are other cases of
similar nature. Taking into consideration
the grievance of the petitioners, it is
directed that in the meanwhile, the
petitioners shall be included in the seat
matrix for the purpose of allotment of
seats and its students shall not be
denied merely on account of non-
payment of bank guarantee.
List these cases again on 27.10.2021
along with SBCWP No. 9789/2021."
In that view of the matter, issue notice to the respondents,
returnable on 07.12.2021.
Counsel for the petitioner may supply a copy of the writ
petition in the Office of Mr. Hari Kishan Saini, Adv, and Mr. Ashish
Kumar, Adv, during the course of the day.
Office is directed to show the name of Mr. Hari Kishan Saini,
Adv, and Mr. Ashish Kumar, Adv, as counsel for the respondents,
in the cause list.
In the meanwhile, the petitioner(s) shall be included in the
seat matrix for the purpose of allotment of seats and its
student(s) shall not be denied merely on account of non-payment
of bank guarantee.
List along with S.B. Civil Writ Petition No.750/2021 on
07.12.2021.
(INDERJEET SINGH),J
Upendra Pratap Singh /167
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