[Cites 1, Cited by 0]
Rajasthan High Court - Jodhpur
Shri Sita Samridhi Education Society vs State Of Rajasthan (2026:Rj-Jd:13530) on 23 March, 2026
[2026:RJ-JD:13530]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 3767/2026
1. Shri Sita Samridhi Education Society, Situated At 127 - A,
Laxmi Nagar Paota, Jodhpur, Through Its Secretary Tarun
Sharma S/o Ram Ratan Sharma, Aged About 45 Years.
2. Shri Sita Samridhi Mahavidyalaya, Situated At Khasra No.
3337/261, Panchayat Samiti, Baori, Jodhpur.
----Petitioners
Versus
1. State Of Rajasthan, Through Principal Secretary, Higher
Education, Government Of Rajasthan, Secretariat, Jaipur
(Raj.).
2. The Commissioner, College Education, Government Of
Rajasthan, Jaipur (Raj.).
3. Joint Director (Private Institution), Block-4, Shiksha
Sankul, J.l.n. Marg, Jaipur (Raj.).
4. Deputy Director, College Education, Jaipur (Raj.).
----Respondents
For Petitioner(s) : Ms. Kamini Joshi
For Respondent(s) : Mr. Aman Gaur for
Mr. Milap Chopra
HON'BLE MR. JUSTICE SANJEET PUROHIT
Order
23/03/2026
1. Learned counsel for the parties have jointly shown the order
passed by the Division Bench at Jaipur of this Hon'ble Court in the
matter of State of Rajasthan & Ors. Vs. Gurukul Institution of
Education & Anr. (D.B. Civil Special Appeal (Writ) No.631/2022)
alongwith other connected matters on 31.01.2023, which reads as
follows:
"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.
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[2026:RJ-JD:13530] (2 of 3) [CW-3767/2026]
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 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
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[2026:RJ-JD:13530] (3 of 3) [CW-3767/2026]
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 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 petitioner submit 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 Hon'ble 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.
(SANJEET PUROHIT),J
43-Jatin/-
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