IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Vinit Kumar Mathur, J.
Late – Appellant
Versus
State of Rajasthan & Ors. – Respondent
S.B. Civil Writ Petition No. 5418 of 2022
Decided On : 25-01-2023
No Objection Certificate - Establishment of Veterinary and Animal Science College - The court directed the petitioner to file a fresh application for a No Objection Certificate in accordance with the Policy of 2022, and the respondents were directed to consider and decide the application expeditiously.
Fact of the Case:
The petitioner sought a writ for the issuance of Essentiality Certificate cum No Objection Certificate to establish a college of veterinary and animal sciences, citing the new policy of 2022.
Finding of the Court:
The court disposed of the writ petition with a direction for the petitioner to file a fresh application in accordance with the Policy of 2022, and for the respondents to consider and decide the application expeditiously.
Issues: The main issue was the issuance of the No Objection Certificate for the establishment of the veterinary and animal science college.
Ratio Decidendi: The court's decision was influenced by the submission of the petitioner's counsel and the non-opposition by the Additional Advocate General, leading to the direction for a fresh application and expeditious consideration by the respondents.
Final Decision: The court directed the petitioner to file a fresh application for the No Objection Certificate in accordance with the Policy of 2022, and the respondents were directed to consider and decide the application expeditiously.
JUDGMENT
Vinit Kumar Mathur, J. - Heard learned counsel for the parties.
2. The present writ petition has been filed with the following prayers :-
"(i) By an appropriate writ, order or direction to the respondent No.1 to issue Essentiality Certificate cum No Objection Certificate to establish Surendera College of Veterinary and Animal Sciences, Sri Ganganagar.
(ii) Further by an appropriate writ, order or direction may kindly be issued to the respondent No.2 that after issuing No Objection Certificate from the respondent no.1 the respondent No.2 issuing appropriate order for the affiliation of Veterinary and Animal Science College in the name and style of Surendera College of Veterinary and Animal Sciences, Sri Ganganagar to the petitioner’s Trust;’.
3. Learned counsel for the petitioner submits that since the new policy, namely, Department Procedure/Guidelines/Policy for Establishment of Veterinary and Animal Science College in Private Sector, 2022 (hereinafter referred to as ’the Policy of 2022’) has been come into vogue and, therefore, he may be permitted to file a fresh application along with fee and documents for grant of ’No Objection Certificate’ to the State Government in accordance with the Policy of 2022. He submits that the State Government may be directed to consider and decide the fresh application of the petitioner-Institute at the earliest.
4. The submissions made by learned counsel for the petitioner is not opposed by learned Additional Advocate General and he submits that in the event of petitioner files fresh application in accordance with the policy of 2022, the same shall be considered and decided expeditiously.
5. Considering the submissions made at the Bar, the present writ petition is disposed of with a direction to the petitioner-Institute to file a fresh application along with fee and documents before the respondents for the grant of ’No Objection Certificate’ in accordance with the policy of 2022 and the respondents after receipt of such application shall consider and decide the same expeditiously preferably within a period of four weeks from the date of receipt of said application.
The court emphasized the need for compliance with the new Policy of 2022 for the establishment of the veterinary and animal science college.
The Court emphasized the importance of fulfilling the requisite conditions and applying afresh for NOC in the prescribed format (Form-II) as per the prevalent policy and parameters required for grant....
The court emphasized the obligation of the State Government to issue the 'No Objection Certificate' to the petitioners' colleges within a specified timeframe when the institutions had fulfilled the n....
Educational institutions must provide complete and unconditioned Essentiality Certificates when applying for approval, as incomplete applications are subject to rejection under established regulation....
The court directed the State to decide the pending application for a 'No Objection Certificate' within six weeks, ensuring benefits to students until the decision is made.
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