State Of Rajasthan vs Saraswati Degree College
2022 Latest Caselaw 565 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

                D.B. Special Appeal Writ No. 301/2021

State of Rajasthan and Anr.

                                                                  ----Appellants
                                    Versus
Saraswati Degree College
                                                                 ----Respondent

For Appellant(s) : Mr. Prakhar Gupta on behalf of Dr. V.B. Sharma, AAG through VC For Respondent(s) :

HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE SAMEER JAIN

Judgment

21/01/2022

It appears that though the appeal is filed in time, by way of

abandoned caution an application for condonation of delay has

been filed. Such application is disposed of as not required.

This appeal arises out of a common judgment of the learned

Single Judge dated 07.09.2020 by which bunch of writ petitions

came to be allowed. The petitioners involved in those petitions

before the learned Single Judge are private educational

institutions imparting higher education. Such institutions require

recognition by the Government in terms of Section 3 of the

Rajasthan Non-Government Education Institutions Act, 1989 (for

short 'the Act') and the Rules made thereunder. Some of these

institutions were granted temporary recognition whereas the rest

were granted permanent recognition. The Government of

Rajasthan would charge yearly fee of Rs.30,000/- from these

(2 of 2) [SAW-301/2021]

institutions. These institutions had objected to such charge.

Learned Single Judge allowed the petitions.

We have heard learned counsel for the State and prima facie

notice that recognition is to be granted in terms of Section 3 which

can be withdrawn as provided in Section 5 of the Act. the kinds of

recognition i.e. permanent or temporary are provided under Rule

4 of the Rajasthan Non-Government Educational Institutions

Rules, 1993 (for short, 'the said Rules'). Temporary recognition

could be converted into permanent after three years after fulfilling

the conditions. As per Rule 4(ii)(d) of the said Rules permanent

recognition would be granted provided the institution, besides

other conditions, complies with the minimum physical and

financial norms and other conditions as laid down in Appendix-II.

Appendix-II in turn refers to the fee that may be charged by the

Government as per Rules prescribed from time to time. We also

notice that Rule 5 pertains to procedure for recognition. Sub-rule

(9) of Rule 5 of the said Rules provides that competent authority

shall arrange for inspection of the institutions from time to time

for supervision over the activities and functions of the institutions

and record its findings on the file maintained for the purpose.

Looking to the above statutory provisions, prima facie it

appears that the fee charged by the Government from the

institutions whether they are granted temporary or permanent

recognition, is with the authority of law.

Issue notice, returnable on 22.03.2022.

By way of interim relief, impugned judgment is stayed.

                                   (SAMEER JAIN),J                                                 (AKIL KURESHI),CJ

                                   KAMLESH KUMAR/7







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