Rajasthan High Court - Jodhpur
M B Vagar Pashudhan Sahayak ... vs State Of Rajasthan ... on 11 October, 2023
Bench: Pushpendra Singh Bhati
[2023:RJ-JD:34405] (1 of 3) [CW-3636/2023]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 3636/2023
M.B. Vagar Pashudhan Sahayak Training Center Run, By M B
Health And Hygiene Nursing Shikshan Sansthan Through Kapil
Anand S/o Late Poonam Chand Kalal, Aged About 39 Years, R/o
Near Jiwan Jyoti Hospital, Subhash Nagar, District Dungarpur.
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary,
Department Of Animal Husbandry, Government Of
Rajasthan, Jaipur.
2. Rajasthan University Of Veterinary And Animal Sciences,
Bikaner, Through Vice Chancellor.
----Respondents
For Petitioner(s) : Mr. Rakesh Chotia
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
11/10/2023
1. Learned counsel for the petitioner fairly submits that the
controversy involved in the present writ petitions is no more res-
integra and it is covered by the decision rendered by this Court in
Shree Ji Animal Husbandary Training Institute Vs. State of
Rajasthan & Anr. : S.B. Civil Writ Petition No.1366/2023;
alongwith other connected petition on 10.08.2023. The
relevant portion of the judgment reads as under:
"5. Heard learned counsel for the parties as well as perused
the record of the case.
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
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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.
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."
2. Accordingly, this writ petition is also dismissed in light of the
decision rendered vide order dated 10.08.2023 passed in Shree Ji
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Animal Husbandry Training Institute's case (supra) on the same
terms. All pending applications also stand disposed of.
(DR. PUSHPENDRA SINGH BHATI), J.
221-Zeeshan
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