Alliance College, Sangaria vs The State Of Rajasthan
2022 Latest Caselaw 12164 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 8061/2022

Alliance College, Sangaria, Through Its President Shri Teja Singh S/o Shri Nidhan Singh B/c Jat Sikh Age 51 Years Resident Of Ward No. 21 Sangaria, District Hanumangarh (Raj.).

----Petitioner Versus

1. The State Of Rajasthan, Through Secretary, Department Of College Education, Govt. Of Rajasthan, Secretariat, Jaipur.

2. Commissioner, College Education Rajasthan, Jaipur.

3. Director, College Education, Rajasthan, Jaipur.

4. Joint Director (Private Institutions), College Education, Rajasthan, Jaipur.

                                                                 ----Respondents


For Petitioner(s)         :     Mr. Vijay Jain
For Respondent(s)         :     Mr. Himanshu Shrimali

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

10/10/2022

The present writ petition has been filed with the following

prayers:-

"i. By an appropriate writ, order or direction, the impugned order dated 02.03.2022 (Ann. 10) passed by the respondents may kindly be declared illegal, arbitrary, discriminatory and same kindly be quashed and set aside.

ii. By an appropriate writ, order or direction, the respondent authorities may kindly be directed to issue the permanent no objection certification tot he petitioner college."

                                          (2 of 3)                   [CW-8061/2022]



     Learned   counsel     for     the     petitioner          submits   that   the

controversy involved in the present case is squarely covered by a

bunch of writ petitions led by S.B. Civil Writ Petition No.

13200/2019 (Sita Devi Educational Society and Anr. Vs.

State of Rajasthan and Ors. and other connected matters

decided on 11.03.2022 in the following terms:-

"36. In the light of discussions made above, following directions are issued:-

(1) The penalty clause in the policy/instructions for Private Colleges issued by the Commissioner, College Education, for different years in question, is held to be beyond his power and is declared illegal.

(2) The penalty deposited by the respective petitioner/college under the orders of the Court or in the light of the provisions of the Private Colleges Policy be refunded to the petitioners/colleges within a period of sixty days failing which interest @ 6% will accrue on the same after lapse of 60 days.

(3) It is directed that the amount refunded to the petitioners/colleges by the respondents in light of the above directions, shall be deposited by the respective petitioners/colleges in the "Student Welfare Fund", and be used for the welfare and betterment of students in activities like clearing dues of students who are unable to deposit fee, medical care, library, and other amenities and facilities needed for and by the students and not be used for any other purpose.

(4) The State as well as respondents are directed to ensure that on account of present dispute, students should not be made to suffer and their results, mark-sheets, admit cards, other documents should not be withheld and be declared/released in capacity of regular students forthwith immediately, without any fail. The respondents are directed to assist and help the students in question on 24x7 basis. No student should be deprived of appearance in any future examination or appearance on account of present dispute as the petitioners have submitted that the non-declaration of result is causing prejudice to the students for appearing in future examinations including competitive examinations.

(3 of 3) [CW-8061/2022]

37. All these writ petitions stand disposed of in terms of the directions and observations made above. All pending applications also stand disposed of in above terms."

Learned counsel for the petitioner submits that in view of the

judgment of Sita Devi (Supra), no penalty can be levied against

the petitioner and, therefore, the order dated 02.03.2022 passed

by the Commissionerate, College Education Rajasthan, Jaipur is

unsustainable.

Learned counsel for the respondents is unable to counter the

arguments of the learned counsel for the petitioner and submits

that the petitioner was verbally informed about the deficiencies

but there was no written communication except the deficiency

pointed out vide order dated 02.03.2022 passed by the

Commissionerate, College Education Rajasthan, Jaipur. He further

submits that no specific letter has been issued to the petitioner

pointing out any deficiency.

In view of the submissions made above and the judgment of

this Court in Sita Devi (Supra), the writ petition is allowed and

the order dated 02.03.2022 passed by the Commissionerate,

College Education Rajasthan, Jaipur is quashed and set aside. The

respondents are directed to point out and communicate the

defects, if there is any deficiency and on removal of the same, the

No Objection Certificate shall be issued to the petitioner college.

(VINIT KUMAR MATHUR),J

86-Payal/-

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