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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR, J
S. TECH COLLEGE OF NURSING – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CW / 16894 / 2023
Order :
1. Learned counsel for the petitioners-Institute, instead of joining the issue on merit, submits that the petitioners-Institute will be satisfied if the respondent-State is directed to decide its pending application for grant of ‘No Objection Certificate’ in pursuance of the directions issued by this Court on 01.05.2024 & 20.08.2024 expeditiously.
2. Mr. N.S. Rajpurohit, learned counsel for the respondent-State submits that the pending application of the petitioners-Institute for grant of ‘No Objection Certificate’ will be decided by the respondents expeditiously but not later than six weeks from today.
3. In view of the submissions made by the counsel for the respondents, the interim orders dated 01.05.2024 & 20.08.2024 passed by Coordinate Benches of this Court are made absolute and the present writ petitions are disposed of with a direction to the respondent-State to decide the pending applications of the petitioners-Institute for grant of ‘No Objection Certificate’ within a period of six weeks from today strictly in accordance with law.
4. It is made clear that if the ‘No Objection Certificate’ is granted by the State Government, the students who have been admitted by the petitioners-Institute shall get all the benefits. It is also made clear that if the State Government passes an order adverse to the interest of the petitioners-Institute, it shall record reasons for doing so after taking the entire material placed before it including the inspection reports.
5. It is also made clear that the benefits accruing to the students in pursuance of the interim orders granted by this Court shall continue to be extended to them till the case of the petitioners-Institute for grant of ‘No Objection Certificate’ is decided by the State Government.
6. The stay applications and other pending applications, if any, also stand disposed of.
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.
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....
The necessity for a 'No Objection Certificate' from the State is mandatory for affiliation with the CBSE as outlined in applicable directives.
The State Government is responsible for timely granting of 'No Objection Certificates' necessary for educational institutions pursuing recognized affiliations.
Submission of No Objection Certificate is a mandatory requirement for recognition; failure to provide it leads to application rejection.
Educational rights under Article 21A mandate that private institutions comply with conditions facilitating students' access to education amidst legal disputes impacting their enrollment.
Administrative decisions impacting educational affiliations must adhere to established legal standards and respect the rights of the applicants.
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