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2022 Supreme(Raj) 2992

MAHENDAR KUMAR GOYAL
Maharaja Hameer College – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Mr. R.N. Mathur, Sr. Adv. With Mr. Shovit Jhajharia and Mr. Hemant Singh Yadav Mr. R.B. Mathur, Sr. Adv. With Mr. Dheeraj Palia & Mr. Salim Khan Gori & Mr. Amit Malani, for the Appellant; Dr. Vibhuti Bhushan Sharma, AAG with Ms. Charvi Patni Mr. R.A. Katta Mr. Vishesh Sharma Mr. Y.C. Sharma Mr. R.K. Paliwal Mr. M.K. Dhakad Ms. Sweta Pareek, for the Respondent

ORDER

1. Although, the matters come up on an application (1/2022 in SBCWP No.7709/2022) filed by the petitioner seeking early disposal of the stay application; however, since, these writ petitions share common facts and common question of law, on the joint requests of the learned counsels for the respective parties, the same were heard together on merit at this stage and are being decided vide this common order.

2. Under challenge in the writ petitions are the orders dated 02.05.2022 passed by the respondent No.2, the Commissioner, Commissionerate College Education, Rajasthan withdrawing the temporary/permanent No Objection Certificate (for brevity, ’NOC’) issued in favour of the petitioners-institutions from the Sessions 2022-23 as also the orders dated 17.06.2022 and 30.06.2022 whereby, the students of the petitioners-colleges are sought to be transferred to other colleges.

3. For the sake of convenience, S.B. Civil Writ Petition No.7709/2022 is taken as the lead case.

4. The facts in brief as revealed from the writ petitions are that the Jamway Educational Trust, a registered society under the Rajasthan Societies Registration Act, 1958, is running the petitioner-college which was gr

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