B.D.M.L. Shikshan Sansthan vs The State Of Rajasthan ...
2025 Latest Caselaw 16751 Raj

Citation : 2025 Latest Caselaw 16751 Raj
Judgement Date : 4 December, 2025

[Cites 1, Cited by 0]

Rajasthan High Court - Jodhpur

B.D.M.L. Shikshan Sansthan vs The State Of Rajasthan ... on 4 December, 2025

[2025:RJ-JD:52304]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Civil Writ Petition No. 12844/2025

B.d.m.l. Shikshan Sansthan, Alwar Behror State Highwary,
Village Dhelawas, Tehsil Mundawar, District Alwar Through Its
Secretary Ravindra Kumar Dixit S/o Shri Madan Lal Sharma Aged
About 49 Years.
                                                                     ----Petitioner
                                     Versus
1.       The State Of Rajasthan, Through Its Principal Secretary,
         Department      Of      Animal       Husbandry,          Government    Of
         Rajasthan, Secretariat, Jaipur.
2.       The     Director,       Department         Of      Animal    Husbandry,
         Government Of Rajasthan, Secretariat, Jaipur.
3.       Rajasthan University Of Veterinary And Animal Sciences,
         Bikaner Through Its Registrar.
                                                                  ----Respondents


For Petitioner(s)            :    Mr. Nishant Bapna
For Respondent(s)            :    Mr. S.S. Ladrecha, AAG with
                                  Mr. Ravindra Jala, AAAG



               HON'BLE MR. JUSTICE SANDEEP SHAH

Order

04/12/2025

1. The prayer in the present writ petition is for issuing a

direction to the respondents to grant the No Objection Certificate

(NOC) and thereafter permit the petitioner-institution to start a

new Veterinary College for the Animal Husbandry Diploma

Program (A.H.D.P.) Course for the Academic Session 2025-2026,

along with all consequential benefits.

2. This Court, vide order dated 11.07.2025, directed that a

copy of the writ petition be served upon the learned Additional

Advocate General appearing for the respondent-Department.

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3. Learned counsel for the petitioner submits that although

relating to a different course, but involving the same nature of

relief, this Court, vide order dated 10.10.2025 passed in S.B. Civil

Writ Petition No.18170/2025, R R College of Physiotherapy v.

State of Rajasthan & Ors., has issued the following directions:-

"1. The present writ petition has been filed with the following prayer:-

"(i) The record of the case may kindly be called for;

(ii) The respondents may be directed to State Government issue NOC for establishment of Bachelor of Physiotherapy (BPT) Institute, as the inspectors have recommended for grant of NOC and further allow the petitioner institution to admit students in Bachlor of Physiotherapy (BPT) Course for the academic session 2025-26.

(iii) The respondents may be directed to include the petitioner institution in its counseling for admitting students in Bachelor of Physiotherapy (BPT) Course for the academic session 2025-26.

(iv) Cost of litigation and damages may also be allowed in favour of the petitioner.

(v) Any other appropriate writ or order or direction which is favorable to the petitioner in the facts and circumstances of the case may kindly be granted to the petitioner."

2. Learned counsel for the petitioner submits that a writ petition bearing No. S.B. Civil Writ Petition No.3380/2023 (R.R. College of Physiotherapy Vs. State of Rajasthan & Ors.) was earlier filed, which came to be decided vide order dated 09.03.2023 with a direction to the respondents to undertake inspection of the petitioner-Institution for the purpose of granting permission to establish a Para-Medical Bachelor of Physiotherapy course.

3. It is submitted that in pursuance of the aforesaid directions, inspection of the petitioner-Institution was conducted on 09.03.2023 and as per the Inspection Report (Annexure-4), a positive recommendation was made for grant of sanction of 60 seats for the Bachelor of Physiotherapy course for the academic session 2025-26.

4. Learned counsel further submits that despite such positive recommendation, the respondent authorities have not taken any

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decision with regard to grant of the requisite No Objection Certificate (NOC). He also submits that the instnat writ petition may be disposed of while directing the respondents to decide to decide the issue of NOC in a time-bound manner.

5. Having considered the submissions made above and looking to the limited submissions made by learned counsel for the petitioner in the present writ petition, this Court, without going into the merits of the case, deems it appropriate to dispose of the instant writ petition with a direction to the respondents to consider and decide the issue of grant of NOC for establishment of the Bachelor of Physiotherapy course for the academic session 2025-26, strictly in accordance with law, within a period of one month from the date of receipt of a certified copy of this order.

6. Pending application(s), if any, also stand(s) disposed of."

4. Learned counsel for the petitioner submits that a positive

inspection report has been issued by the respondent no.3-

Affiliating University for the purpose of grant of NOC. He,

therefore, prays for issuance of identical directions.

5. Learned counsel for the respondents admits that the issue in

hand can be disposed of in light of the judgment rendered in R R

College of Physiotherapy (supra), as the nature of relief is identical

and only the name of the course differs. He submits that the

respondents have no objection if similar directions are issued to

consider the case of the petitioner-institution for grant of NOC for

commencing the Animal Husbandry Diploma Program (A.H.D.P.)