Rajasthan High Court - Jodhpur
Sundaram Mahavidyalaya vs State Of Rajasthan (2025:Rj-Jd:29413) on 8 July, 2025
Author: Dinesh Mehta
Bench: Dinesh Mehta
[2025:RJ-JD:29411]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
(1) S.B. Civil Writ Petition No. 5418/2025
Sonikski Girls College, Being Run By Its Society Nikunj Seva
Sansthan Peeth, Opposite To Police Choki, Mandali Road,
Simalwara, Dungarpur Through Its Secretary Sachin Kumar Kalal
S/o Daya Lal Kalal, Aged 36 Years, R/o Village And Post Office
Peeth, Tehsil Simalwara, District Dungarpur.
----Petitioner
Versus
1. State Of Rajasthan, Through Its Principal Secretary
(Higher Education Department), Government Of
Rajasthan, Secretariat, Jaipur.
2. Commissioner, College Education, Government Of
Rajasthan, Jaipur.
3. Joint Director, Private Institutions, Block 4, Rks Sankul,
J.l.n. Road, Jaipur.
4. Govind Guru Tribal University, Banswara Through Its
Registrar.
----Respondents
Connect With
(2) S.B. Civil Writ Petition No. 5420/2025
Arts College, Jasela Being Run By Its Society Manav Seva
Charitable Trust, Mahakali Mandir Gawadiuya Pal Chikhali,
District Dungarpur Through Its Secretary Shubang Vyas S/o
Akhilesh Vyas, Aged 29 Years, R/o Jasela, Tehsil Galiyakot,
District Dungarpur.
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary, High Education,
Directorate, Jaipur, Rajasthan.
2. Commissioner, College Education, Government Of
Rajasthan, Jaipur.
3. Joint Director, Private Institutions, Block 4, Rks Sankul,
J.l.n. Road, Jaipur.
4. Govind Guru Tribal University, Banswara Through Its
Registrar.
[2025:RJ-JD:29411] (2 of 4) [CW-5418/2025]
----Respondents
(3) S.B. Civil Writ Petition No. 9596/2025
Sundaram Mahavidyalaya, Vpo Jhothari, Tehsil Jhothari,
District Dungarpur Being Run By Its Society Nikunj Shikshan
Sansthan Jhothari, Main Road, Jhothari, District Dungarpur
Through Its Secretary Gajendra Kumar Patel S/o Lalji Patel,
Aged About 55 Years, R/o Ward No. 7, Kalal Vada, Mu.po.
Peeth, Peeth, District Dungarpur.
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary, High
Education, Directorate, Jaipur, Rajasthan.
2. Commissioner, College Education, Government Of
Rajasthan, Jaipur.
3. Joint Director, Private Institutions, Block 4, Rks Sankul,
J.l.n. Road, Jaipur.
4. Govind Guru Tribal University, Banswara Through Its
Registrar.
----Respondents
For Petitioner(s) : Mr. CS Kotwani with Mr. Abhijeet
Singh Charan
For Respondent(s) : Mr. Deepak Bora
JUSTICE DINESH MEHTA
Order
08/07/2025
1. Learned counsel for the petitioners submitted that the
respondents are not processing their application for grant of Non
Objection Certificate (NOC) on account of non-payment of penalty
for the preceding years.
[2025:RJ-JD:29411] (3 of 4) [CW-5418/2025]
2. Learned counsel submitted that the respondent-Director,
College Education has no authority to impose the penalty as has
been held by Jaipur Bench of this Court vide its judgment dated
11.03.2022 rendered in a bunch of writ petitions led by Sita Devi
Educational Society, Bhilwara & Anrs. vs. State of
Rajasthan & Ors. : S.B. Civil Writ Petition No.13200/2019.
3. Learned counsel submitted that though an intra-court appeal
(D.B. Civil Special Appeal (Writ) No.631/2022) has been preferred
thereagainst, but no interim order has been granted by the
Division Bench at Jaipur and, therefore, as of today, the legal
position is that the Director, College Education cannot impose
penalty.
4. In light of the aforesaid, learned counsel for the petitioners
prayed that the respondents be directed to grant NOC to the
petitioners.
5. Mr. Deepak Bora, learned counsel for the respondent-State
on the other hand submitted that the NOC has not been granted
to the petitioners on various grounds and not merely on the
ground of non-deposition of penalty.
6. Heard learned counsel for the parties.
7. So far as imposition of penalty is concerned, it has been held
by Jaipur Bench of this Court in the case of Sita Devi, Educational
Society, Bhilwara (supra) that the Director, College Education has
no jurisdiction to impose the penalty.
8. Such being the position, the present writ petitions are
allowed; the respondents are directed to consider and grant NOC
to the petitioners, without insisting upon payment of penalty. The
NOC so issued shall remain subject to outcome of the intra-court
[2025:RJ-JD:29411] (4 of 4) [CW-5418/2025]
appeal pending at Jaipur Bench i.e. D.B. Civil Special Appeal (Writ)
No.631/2022.
9. Needless to observe that the respondents shall be free to
refuse the 'NOC' on any other ground (except for want of payment
of penalty).
10. All Interlocutory applications so also stay applications stand
disposed of, accordingly.
(DINESH MEHTA),J
468, 469 and 446-raksha/-
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