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Rajasthan High Court - Jodhpur
Navodaya Education Society vs State Of Rajasthan (2026:Rj-Jd:10194) on 25 February, 2026
[2026:RJ-JD:10194]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 3666/2026
Navodaya Education Society, Sanchore, Tehsil Jalore, District
Jalore, Rajasthan Through Its Secretary Surendra Shahu S/o
Shri Sidha Ram Sahu, Age 46 Years, R/o Dawal, District Jalore.
----Petitioner
Versus
1. State Of Rajasthan, Through Its Principal Secretary
Higher Education Government Of Rajasthan, Secretariat,
Jaipur.
2. The Commissioner, College Education, Government Of
Rajasthan, Jaipur.
3. The Joint Director (Private Institutions), Block 4, Shiksha
Sankul, Jan Marg, Jaipur.
4. Deputy Director, College Education, Jaipur.
----Respondents
For Petitioner(s) : Ms. Abhilasha Kumbhat.
Mr. Nishant Bora.
For Respondent(s) : Mr. Milap Chopra, D.G.C.
HON'BLE MR. JUSTICE SANJEET PUROHIT
Order
25/02/2026
1. The present writ petition has been filed with the following
prayer:-
"It is therefore, most humbly and respectfully
prayed that this writ petition may kindly be allowed;
and by an appropriate writ, order or direction, the
Respondents may direct to issue NOC for the years
2024-2025, 2025-26 and 2026-2027.
Any other appropriate writ or order or direction
which is favourable to the petitioner in the facts and
circumstances of the case may kindly be granted to the
petitioner."
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2. Learned counsels for the parties jointly submit that the
controversy raised in the present writ petition is identical to the
controversy which was earlier raised in S.B. Civil Writ Petition
No.18701/2023 I G Shiksha And Seva Sanstha Vs. State of
Rajasthan & Ors. (decided on 30.05.2024) whereby a Co-ordinate
Bench of this Court disposed of the present writ petition while
relying on the order passed by Division Bench at Jaipur of this
Hon'ble Court in case of State of Rajasthan Vs. Gurukul Institution
of Education & Anr. (D.B. Special Appeal (Writ) No.631/2022)
alongwith other connected matters on 31.01.2023. The order
passed in I G Shiksha (supra) is reproduced as under:-
"D.B. Civil Special Appeal (Writ) No.824/2022
has been filed beyond the period of limitation
and, therefore, application seeking
condonation of delay in filing of the aforesaid
appeal has also been filed.
Considering that in the similar appeals
having already been filed, the issue is being
examined by this Court, the delay in filing of
the aforesaid appeal is condoned. Application
seeking condonation of delay in filing of the
aforesaid appeal is allowed.
Applications for appropriate directions
have been filed in D.B. Civil Special Appeal
(Writ) Nos.631/2022,526/2022, 782/2022
and 940/2022.
The prayer made in the aforesaid
applications is that even though the order has
been passed by the learned Single Judge in
favour of the respondents-private educational
institutions, NOC is not being issued by the
State authorities/Commissioner, Higher
Education, insisting for payment of fine amount
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under Circular dated 03.06.2019 read with
order dated 19.07.2022.
Learned counsels for the respondents
would submit that the appeals are pending
consideration before this Court and the
respondents are prepared to give undertaking
that in the event, the appeal is decided against
them, they shall pay the amount as demanded
by the State authorities.
Learned counsel for the State would
submit that the order passed by the learned
Single Judge has been challenged in these
appeals filed by the State and interim orders
have also been passed in favour of the State on
prima facie consideration that the
Commissioner, Higher Education had the
authority under the law to issue direction which
was impugned in the writ petitions. He would
further submit that if the institutions do not
deposit the amount and the students enrolled
with those institutions are allowed to appear in
examinations by way of grant of NOC, the
institutions, at a later stage, may avoid
discharge of their obligation in the event of
appeals being allowed.
Taking into consideration the submissions
of learned counsels for the respective parties
and further that the issue with regard to the
authority of the Commissioner, College
Education is under consideration in these
appeals and further taking into consideration
that unless NOC is issued by the State
authorities, the students enrolled with
respondents-institutions may not appear in
the forthcoming examinations and also that
the respondents-institutions are prepared to
give undertaking, we are inclined to issue a
direction that the appellants shall provide
NOC to the respondents-institutions upon
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furnishing undertaking that in the event any
adverse order is passed against them, the
entire amount demanded from them shall be
deposited in the office of the Commissioner,
College Education. The said undertaking shall
also be treated as undertaking given before
this Court in the matters where aforesaid
applications have been filed.
It goes without saying that once NOC is
granted by the State upon submission of
undertaking by the institutions/colleges
concerned, the University would admit the
students of those institutions/colleges for
examinations. Aforesaid applications are,
accordingly, disposed off.
List these matters after four weeks.
Interim orders earlier passed in the
appeals shall continue subject to the directions
as aforesaid.
2. Learned counsel for the parties jointly
submits that the present petition may be
disposed of subject to the final disposal of the
special appeal, on the same conditions, which
have been imposed by the Hon'ble Division
Bench in the case of State of Rajasthan &
Ors. Vs. Gurukul Institution of Education
& Anr. (supra).
3. The proposition made is justified, the
aforesaid directions issued by the Division
Bench of this Court shall apply on both the
parties and the final outcome shall accordingly
hold the field for the purpose of final
determination of the dispute.
4. In view of the above, the instant petitions
are disposed of. All pending applications also
stand disposed of."
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3. It is jointly prayed that the present writ petition may be
disposed of in the light of I G Shiksha (supra).
4. In view of the submissions made above, the present writ
petition is disposed of in the same terms as in the case of I G
Shiksha (supra).
5. Stay application and all pending applications stand disposed
of.
(SANJEET PUROHIT),J
67-sumer/-
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