Rajasthan High Court – Jodhpur
Smt. Lachhi Devi Memorial Jan Kalyan … vs State Of Rajasthan on 5 March, 2026
[2026:RJ-JD:10827]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 847/2026
1. Smt. Lachhi Devi Memorial Jan Kalyan Karya Sansthan,
Jodhpur, Having Its Registered Office At Moti Bhawan, 3-
W-6, Kudi Housing Board, Jodhpur, Through Its Principal,
Rampraksh S/o Jeeyaram Aged About 60 Years, R/o
Bhavi, Tehsil Bilara, District Jodhpur (Raj.).
2. Smt. Moti Memorial Mahavidhyalay, Situated At Arya
Samaj Bhawan, Near Talaab Bhavi, Tehsil Bilara, District
Jodhpur, Through Its Secretary Rampraksh S/o Jeeyaram
Aged About 60 Years, R/o Bhavi, Tehsil Bilara, District
Jodhpur (Raj.).
----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
Mr. Devesh A. Purohit
Mr. Yash Tripathi
For Respondent(s) : Mr. Milap Chopra, DGC
HON'BLE MR. JUSTICE SANJEET PUROHIT
Order
05/03/2026
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
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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.
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(Uploaded on 05/03/2026 at 04:50:05 PM)
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[2026:RJ-JD:10827] (3 of 4) [CW-847/2026]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 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 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).
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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
32-shashikant/-
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