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2025 Supreme(RAJ) 897

HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE VINIT KUMAR MATHUR, J
MAA ANNAPURNA PRIVATE INDUSTRIAL TRAINING INSTITUTE – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CW / 11506 / 2024



Advocates:
Mr. Jog Singh Bhati, Mr. Kuldeep Singh Solanki for Mr. I.R. Choudhary, AAG, Mr. Mukesh Rajpurohit, DySG with Mr. Prakash Raika, Ms. Aditi Sharma

The court mandates re-inspection of an educational institution for affiliation, emphasizing compliance with legal standards and prior court directives.

Headnote:(A) Writ Petition - Action for de-affiliation - The petitioner sought relief against the respondents' recommendation for de-affiliation, claiming the action was illegal and unjustified. The court emphasized the need for re-inspection of the petitioner’s institute and adherence to prior court directives. (Paras 1, 2, 3)

(B) Legal Principles - The court highlighted the necessity of following established legal protocols for affiliation and inspection of educational institutions. (Para 1)

Facts of the case:
The petitioner challenged the recommendation for de-affiliation and sought re-inspection after addressing previously noted deficiencies.

Findings of Court:
The court directed the respondents to re-inspect the petitioner’s institute and to act in accordance with the law based on the inspection results.

Issues: The key issue was whether the respondents would comply with legal standards in the inspection and decision-making process regarding the petitioner’s affiliation.

Ratio Decidendi: The court ruled that the petitioner’s institute must be re-inspected to determine its eligibility for affiliation, emphasizing compliance with existing legal standards.

Result: Writ petition disposed of with directions for re-inspection.

Order :

1. Learned counsel for the parties are in agreement that the controversy involved in the present writ petition is squarely covered by a judgment rendered by this Court in S.B. Civil Writ Petition No.11952/2024 (Hanumangarh Brc Pvt. Industrial Training Institute vs. State of Rajasthan & Ors.), decided on 03.02.2025 in the following terms :-

“Heard learned counsel for the parties.

The present writ petition has been filed for the following reliefs:-

“(i)By an appropriate writ, order or direction, the action of the respondents in recommending for de- affiliation of the petitioner college may be declared illegal and unjustified, and the order dated 06.06.2023 (Annexure-4) as well as the decision taken by the respondents in its 16th meeting wherein the petitioner has been shown at serial No.5 as referred in Agenda 5.1 De-affiliation of ITIs of Rajasthan State qua the petitioner, may kindly be declared illegal and be quashed and set aside.

(ii)By appropriate writ, order or direction, the respondents may be refrained from de- affiliating the petitioner institution and further be directed to re-activate the petitioner institution on online Portal of NCVT from the 2024-25 session onwards.

(iii)That further it is prayed that the petitioner institution be included in the admission process for the year 2024-25 onwards and its seats be filled”.

Learned counsel for the petitioner submits that in pursuance of the directions issued by this court on 30.08.2024, the petitioner institute was inspected by respondent No.5 wherein certain infirmities were pointed out. Learned counsel further submits that the shortcomings so pointed out have rectified/corrected by the petitioner. He, therefore, prays that the respondent No.5 may be directed to re-inspect the petitioner’s institute and if the same is found in order, necessary orders for affiliation of the petitioner institute may be passed in accordance with law.

Learned counsel for the respondents is not in a position to refute the submission made by learned counsel for the petitioner. However, learned counsel for the respondents submits that liberty may be granted to the respondents to issue appropriate orders after inspecting the institute of the petitioner in accordance with law.

Considering the submissions made before this court, the present writ petition is disposed of with a direction to the respondent No.5 for re-inspecting the petitioner institute and pass appropriate orders.

Needless to say that if the petitioner institute is found meeting all the criteria for affiliation then necessary orders for affiliation of the petitioner institute may be passed, in accordance with the rules. If the petitioner institute is found to be lacking in requisite facilities then orders may be passed for not affiliating the petitioner institute in accordance with law”.

2. The present writ petition is disposed of in terms of the order passed by this Court in Hanumangarh Brc. Pvt. Industrial Training Institute (supra).

3. However, the respondents are directed to comply with the directions issued in the judgment rendered by this Court in Hanumangarh Brc. Pvt. Industrial Training Institute (supra) within a period of eight weeks from the date of receipt of certified copy of this order strictly in accordance with law.

4. The stay application and other pending applications, if any, also stand disposed of.

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