ORDER :

Pushpendra Singh Bhati, J.

1. In wake of instant surge in COVID-19 cases and spread of its highly infectious Omicron variant, abundant caution is being maintained, while hearing the matters in the Court, for the safety of all concerned.

2. The petitioner has preferred this writ petition claiming the following prayer:-

"(a) By an appropriate writ, order or direction, the impugned order dated 27.07.2012 (Annexure-9) may kindly be quashed and set aside qua the petitioner and further the letter dated 07.01.2013 (Annex. 11) rejecting the representation of petitioner may also be quashed and set aside.

(b) By an appropriate writ, order or direction, the respondents may kindly be directed to consider the application form (Annex. 3) and to issue no objection certificate to establish New Livestock Assistant Diploma Training Institute.

(c) The complete record in pursuance to advertisement dated 04.12.2009 may kindly be summoned for kind perusal of this Hon'ble Court."

3. Learned counsel for the petitioner submits that the controversy is no more res-integra, as the petitioner who is at serial no. 18 in Annexure-9 dated 27.07.2012 is on the same pedestal, as that of the petitioner in S.B. Civil Writ Petition No. 832/2013 (New India School Samiti, Nai Khunja v. State of Rajasthan & Ors.) which was decided on 15.05.2013, who is at serial No. 50 in the same Annexure-9 dated 27.07.2012.

"1. This writ petition is directed against order dated 27.7.12 issued by the Director, Animal Husbandry Directorate, Rajasthan, Jaipur, refusing to issue the 'No Objection Certificate' (NOC) in favour of the petitioner to establish the Live Stock Assistant Diploma Training Institute.

2. The facts in nutshell are that the petitioner, a society registered under the provisions of Rajasthan Societies Registration Act, 1958, applied for NOC to establish Live Stock Assistant Diploma Training Institute pursuant to an advertisement dated 4.12.09 issued by the respondent in the various newspapers inviting application for the said purpose. The Director, Animal Husbandry vide letter dated 4.5.10 informed the petitioner to remove certain deficiencies specified in the said communication. In response thereto, vide communication dated 4.6.10, the petitioner submitted the requisite documents for satisfying the deficiencies pointed out. It is stated that the Joint Director, Animal Husbandry, Bikaner submitted the inspection report wherein no deficiency as such was pointed out but then, the recommendations were made that the NOC may be issued subject to removal of partial deficiencies in respect of Infrastructure facilities. However, vide order impugned dated 27.7.12, the application of the petitioner has been rejected without assigning any reason. Hence, this petition.

3. The respondents have filed a reply to the writ petition taking the stand that the recommendations to grant NOC in favor of the petitioner was made on the basis of the affidavits submitted by the petitioner regarding removal of deficiencies. It is submitted that the recommendations made were conditional. It is averred that the recommendations of the committee alongwith the physical verification report were examined at the higher Government level and it was decided not to issue NOC in favor of the petitioner and return the registration fees/inspection fees. It is submitted that the recommendations made being conditional, no right was created in favour of the petitioner and since the Government has taken a decision not to issue NOC on pending application, the petitioner is not entitled for the relief as prayed for.

4. Learned counsel for the petitioner submitted that the rejection of the petitioner application without giving an opportunity of hearing and assigning any reason is not sustainable in the eyes of law. Learned counsel submitted that no deficiencies were pointed out in the report submitted by inspecting team and the petitioner was never informed to remove the deficiencies. Learned counsel would submit that