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2023 Supreme(Raj) 204
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
PUSHPENDRA SINGH BHATI, J.
Komal Kanwar D/o. Shri Devender Singh and Anr. – Petitioners
Versus
State Of Rajasthan, Through The Secretary, Education Department, Government Of Rajasthan and Ors. – Respondents
S.B. Civil Writ Petition No. 2229 Of 2023, S.B. Civil Writ Petition No. 10855 Of 2022, S.B. Civil Writ Petition No. 12065 Of 2022, S.B. Civil Writ Petition No. 14442 Of 2022, S.B. Civil Writ Petition No. 1099 Of 2023, S.B. Civil Writ Petition No. 2907 Of 2023, S.B. Civil Writ Petition No. 3366 Of 2023, S.B. Civil Writ Petition No. 3368 Of 2023
Decided On : 28-03-2023
For the Petitioners: Mr. Vinay Jain, Mr. Ramchandra Bishnoi.
For the Respondents: Mr. Himanshu Shrimali, Mr. D.D. Chitlangi, Mr. Rajeev Purohit.
Point of Law: Petitioners are bound to remove defects, so as to become entitled for issuance of requisite NOC.
Headnote:
Constitution of India, 1950 - Article 226 - Rajasthan Non-Government Educational Institutions Act, 1989 - Sections 33 & 34 - Rajasthan Non-Government Educational Institutions (Recognition, Grant-In-Aid and Service Conditions Etc.) Rules, 1993 - Online web-portal of university - Examination form - Institution functioning without NOC - Respondents may kindly be directed that to open and made operational online web-portal of university related to college of petitioners to fill examination form without late fee of petitioners to till examination form without late fee of petitioners for main examination 2023 – Institution are functioning without requisite NOC, for last many years - Para 15.
Finding of the Court :
Court also finds that petitioners took admission in concerned institution, and that institution are functioning without requisite NOC, for last many years, and therefore, respondents are not opening online portal for submission of examination form, due to non-fulfillment of mandatory requirement by concerned institutions, and that, respondents also did not issue requisite NOC on that count - Court also finds that such failure on part of institutions is adversely affecting future prospects of students community at large - In given factual matrix, Court does not find it a fit case so as to grant any relief to petitioners in present petitions.
Result: Petitions dismissed.
JUDGMENT :
1. Above-numbered S.B. Civil Writ Petition no. 2229 of 2023, S.B. Civil Writ Petition no. 3368 of 2023, S.B. Civil Writ Petition no. 3366 of 2023 and S.B. Civil Writ Petition no. 2907 of 2023, under Article 226 of the Constitution of India have been preferred claiming, in sum and substance, the following reliefs:
“It is therefore, most humbly and respectfully prayed that this writ petition may kindly be allowed and by an appropriate writ, order, or direction:
“[1] the respondents authorities may kindly be directed that to open and made operational online web-portal of the university related to the said college of the petitioners to fill the examination form without late fee of the petitioners to till the examination form without late fee of the petitioners for main examination 2023.
[2] the respondents authorities may kindly be directed that obstruction of any kind should not be created related to the examination of the petitioners.
[3] Any other appropriate writ, order, or direction which this Hon’ble Court deems just and proper may kindly be passed in favour of the petitioner.”
2. Above-numbered S.B. Civil Writ Petition no.10855 of 2022, S.B. Civil Writ Petition no. 12065 of 2022, S.B. Civil Writ Petition no. 14442 of 2022 and S.B. Civil Writ Petition no. 1099 of 2023 under Article 226 of the Constitution of India have been preferred claiming, in sum and substance, the following reliefs:
“It is, therefore, respectfully prayed that Your Lordships may kindly pleased to call for the entire record of the case, examine the same and allow the writ petition by passing an appropriate writ, order or direction:
i) The impugned order dated 28.02.2022 ((Ann-13) may kindly be quashed and set aside and the respondents be directed to allow to run the petitioner institution and issue NOC in favour of the petitioner institution for the academic year 2016-17 and onwards and the respondents be directed to allow the petitioner institution to take admission of the students and further the respondent university be directed to accept the examination form of the students through petitioner institution and permit them to appear in the examination;
ii) The respondents be directed to permit the petitioner institution to encash the FDR lying in the Bank as per requirement and the respondents be restrained from adjusting the amount of FDR towards penalty;
iii) Any other order which this Hon’ble Court deems fit in the facts and circumstances of the case may also be passed in favour of the petitioner institution.”
3. As regards S.B. Civil Writ Petition no. 2229 of 2023, S.B. Civil Writ Petition no. 3368 of 2023, S.B. Civil Writ Petition no. 3366 of 2023 and S.B. Civil Writ Petition no. 2907 of 2023, the facts are being taken from the above-numbered S.B. Civil Writ Petition No.2229/2023, while treating the same as a lead case.
3.1 The petitioners took admission in B.A. First Year and B.Com First Year in the year 2022, in the respondent no.5-Dr. Radha Krishnan Girls College, Sri Ganganagar, affiliated with respondent no.3-Maharaja Ganga Singh University, Bikaner.
3.2 The respondent no.3-Maharaja Ganga Singh University, Bikaner issued a notification on 05.01.2023 regarding filling-up and submission of the examination form for main examination 2023 through online mode on the web portal of the University. The petitioners tried to submit the examination form, but the same could not be submitted, on count of the fact that the name of respondent No.5-College was not appearing in the related tab on the web portal of the respondent no.3 -University. Hence, the petitioner's father filed an application before the respondent no.3– University on 28.01.2023 for opening the online portal so as to enable the students to fill-up and submit the form of the main examination. However, since, as per the petitioners, the respondents did not pay any heed to the repeated requests made to them by the petitioners, therefore, the present petitioners are before this Court
