Choudhary Kanaram Dhaka Memorial ... vs The State Of Rajasthan ...
2023 Latest Caselaw 6437 Raj

[2023:RJ-JD:27126] (1 of 7) [CW-14598/2022]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 14598/2022

Choudhary Kanaram Dhaka Memorial Sansthan, (CKRD Memorial Livestock Assistant Diploma Training Institute), Dhighal, Jhunjhunu, (Rajasthan), Through Its Representative, Shri Faruk Sayed S/o Shri Sadik Sayed, Aged About 36 Years.

----Petitioner Versus

1. The State Of Rajasthan, Through The Secretary, Department Of Animal Husbandry, Secretariat, Jaipur, Rajasthan.

2. The Rajasthan University Of Veterinary And Animal Science Bikaner, Through Its Registrar, Veterinary University Road, Near Deendayal Upadhyay Circle Bikaner, Rajasthan.

                                                                              ----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

28/08/2023

1. This writ petition under Article 226 of the Constitution of

India has been preferred claiming the following reliefs:

"(i) the order dated 25.02.2022 (Annex.8) passed by the respondent may kindly be quashed and set aside.

(ii) by an appropriate writ, order or direction, respondents may be directed to grant approval/permission/NOC to the petitioner society for undertaking Livestock Assistant Diploma Training Course by undertaking due inspection.

(iii) It is also prayed by an appropriate writ, order or direction, the respondent may kindly also be directed to include the name

(D.B. SAW/864/2023 has been filed in this matter. Please refer the same for further orders)

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of the petitioner society in the list of eligible institutions for imparting Livestock Assistant Diploma Training Course for upcoming academic session.

(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. Mr. Ankur Mathur, learned counsel appearing on behalf of the

petitioner-Society submits that the petitioner-Society has applied

for grant of permission to run the Livestock Assistant Diploma

Training Course (Veterinary Course), in accordance with the Policy

of 2009.

2.1 Learned counsel further submits that since 2009,

consideration of the case of the petitioner-Society remained

pending and the permission sought for by it was not granted by

the respondents. The petitioner-Society repeatedly took up the

issue, but to no avail.

2.2 Learned counsel also submits that the petitioner-Society has

thereafter, filed a writ petition bearing S.B. Civil Writ Petition

No.15599/2021 before this Hon'ble Court, which was decided on

11.11.2021. The said order dated 11.11.2021 reads as follows:

"1. This writ petition has been filed by the petitioner-Institution raising a grievance that the respondents are not inspecting its college for granting permission to establish Veterinary College for Livestock Assistant Diploma Training Course and are also not passing appropriate orders for granting permission to establish the said college.

(D.B. SAW/864/2023 has been filed in this matter. Please refer the same for further orders)

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2. Be that as it may, this writ petition is disposed of with liberty to the petitioner - Institution to file an application seeking permission for establishing Veterinary College for conducting the aforementioned courses within a period of three weeks from today.

3. In case such application is filed by the petitioner - Institution, it is expected that the respondents shall consider and decide the same and pass appropriate order preferably within a period of three months from the date of submission of the application after conducting necessary inspection, subject to the condition that the petitioner - Institution has completed all the other requisite formalities.

4. Ordered accordingly.

5. Writ petition and stay petition stand disposed of."

2.3 Learned counsel also submits that even thereafter, without

conducting the inspection and without keeping into consideration

that five different institutions, in the meanwhile, 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 (Annexure-8).

3. Per contra, Mr. Anil Kumar Gaur, learned Additional Advocate

General assisted by Mr. Salman Agha, appearing on behalf of the

respondents, submits that this Court has passed an order in

Shree Ji Animal Husbandry Training Institute Vs. State of

Rajasthan & Anr. : S.B. Civil Writ Petition No.1366/2023

and another connected writ petition on 10.08.2023; operative

portion whereof reads as follows:

"5. Heard learned counsel for the parties as well as perused the record of the case.

(D.B. SAW/864/2023 has been filed in this matter. Please refer the same for further orders)

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6. This Court observes that the petitioners-Colleges filed the application for enhancement of the seats from 50 to 100 pertaining to the Course of question, whereafter the new Policy came to existence; the petitioners filed a representation in pursuance of the order passed by the Hon'ble Court in aforementioned writ petition. Subsequently, the respondents vide impugned order 31.05.2022 rejected the representation of the petitioners for enhancement of the seats of the Course in question. Meanwhile, the respondents issued an advertisement dated 28.11.2022 for admission in the Course in question.

7. This Court further observes that the respondents issued Departmental Procedure/Guidelines/Policy-2022 on 29.09.2022 for enhancement of the seats and issued NOC to the newly established Colleges, wherein it was clearly stated that the State Government, after considering all the parameters from time to time, grants permission for enhancement of the seats, as per requirement, and also the old applications are automatically rejected.

7.1 This Court also observes that the relevant portion of the aforesaid Policy, as reproduced in the reply to SBCWP No.1364/2023, reads as under :-

"jkT; ljdkj n~okjk vko";drk ds vkdyu mijkUr foKfIr tkjh dh tkosxh A vkosnu izfdz;k iw.kZr;k vkWuykbu gksxh rFkk foHkkx n~okjk fdlh Hkh izdkj dks vkWQWykbu vkosnu Lohdk;Z ugha gksxk A laLFkk dks foKfIr mijkUr fof"pr frfFk esa fu/kkZfjr izfdz;k vuq:i vkWuykbu vkosnu djuk vko";d gksxk rFkk fu/kkZfjr frfFk o le; mijkUr izkir vkosnuksa ij dksbZ fopkj ugha fd;k tk;sxk A fufr fuekZ.k ds izHkkoh gksus ds lkFk gh foHkkx esa yfEcr leLr vkosndksa dks uhfr esa fu/kkZfjr izfd;k ds vuqlkj iqu% vkosnu djuk gksxk rFkk iqjkus vkosnu Lor% gh fujLr ekus tk;saxs ! Vkosnu ds laca/k esa jkT; ljdkj dk fu.kZ; vafre o loZekU; gksxk A"

8. This Court further observes that the State Government is the authority to maintain high standards in the field of education in the entire State, to establish or permit establishment of the new institutions or enhance the seats, which shall be governed by the Policy/Policies introduced by the State from time to time, and the concerned institutions shall be bound by the same.

(D.B. SAW/864/2023 has been filed in this matter. Please refer the same for further orders)

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9. This Court therefore, observes that the entire impugned action as taken by the respondents in the present case is justified in the eye of law.

10. Thus, in light of the aforesaid observations and looking into the factual matrix of the present case, this Court does not find it a fit case so as to grant any relief to the petitioners in the present petitions.

11. Consequently, the present petitions are dismissed. All pending applications stand disposed of."

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

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).

(D.B. SAW/864/2023 has been filed in this matter. Please refer the same for further orders)

[2023:RJ-JD:27126] (6 of 7) [CW-14598/2022]

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.

4. After hearing learned counsel for the parties as well as

perusing the record of the case along with the precedent law cited

at the Bar, this Court finds that no fresh institution has been

granted NOC for the Livestock Assistant Diploma Training Course

after 29.09.2022. This Court also finds that such policy is being

strictly adhered to by the respondents. The policy is quoted in the

judgment passed in the case of Shree Ji Animal Husbandry

(supra), reproduced as above.

5. The present factual matrix, where the delicate balance

between the students and the education is involved as well as the

societal requirement, does not call for any interference by this

Court. A strict adherence to the Departmental

Procedure/Guidelines/Policy-2022 dated 29.09.2022 is warranted.

6. This Court has also kept into consideration the petitions

dismissed in the batch of Sampat Pashudhan Sahayak

Prashikshan Sanstan Vs. State of Rajasthan & Ors. : S.B

Civil Writ Petition No.5798/2020 on 08.07.2020 by a

Coordinate Bench of this Hon'ble Court at Jaipur Bench. The order

passed in the case of Shree Ji Animal Husbandry (supra) is

also kept into consideration.

(D.B. SAW/864/2023 has been filed in this matter. Please refer the same for further orders)

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7. In light of the aforesaid observations, no interference is

called for in the present writ petition and the same is accordingly

dismissed. All pending applications stand disposed of.

(DR. PUSHPENDRA SINGH BHATI), J.

13-Zeeshan

(D.B. SAW/864/2023 has been filed in this matter. Please refer the same for further orders)

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