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2025 Supreme(Raj) 2496

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
SANDEEP SHAH, J.
Shivgyan Livestock Diploma Training Institute – Appellant
Versus
State of Rajasthan – Respondent
S.B. Civil Writ Petition No. 22946 of 2025
Decided On : 27-11-2025

Advocates Appeared:
For the Appellant : C.S. Kotwani
For the Respondents: Ravindra Jala, S.S. Ladrecha, Ajay Kumar Vyas, Jatin Sankhala

The court emphasized the necessity for administrative bodies to make timely decisions on pending applications and provide fair hearing opportunities in accordance with procedural fairness.

Headnote:(A) Rajasthan Universities Act, 2025 - Order regarding No Objection Certificate (NOC) - Direction issued for expeditious decision on NOC application, pending since February 2023 - Institutions have conducted classes and admitted students since the academic year 2022-23; however, applications are not being accepted under new policy 2025 - Respondents to decide NOC applications rapidly, ensuring compliance with procedural timelines. (Paras 2-6)

(B) Administrative Law - Principles regarding procedural fairness and timely decision-making in administrative processes emphasized through the directive for clear timelines. (Paras 5-9)

Facts of the case:
The petitioners have sought direction to the State for the grant of NOC after a provisional affiliation was issued. Classes have been ongoing, but the institutions face barriers in processing student admissions under a new policy.

Findings of Court:
Court directed the State to decide the NOC applications within a specified time frame, ensuring that prior decisions are respected and procedural opportunities are provided to the applicants.

Issues: The main issues were whether the State would process the NOC applications that were pending and the implications of the new application policy for those institutions.

Ratio Decidendi: The court highlighted the necessity for timely administrative action and underscored that the right to a hearing must be granted to the institutions when making decisions pertaining to the NOC applications.

Result: The State Government is directed to decide on NOC applications within a specified period, and the institutions are permitted to file fresh applications offline.

Table of Content
1. background facts of noc issuance and policy. (Para 2)
2. arguments regarding the status of noc and admissions. (Para 3 , 4)
3. court's direction to decide noc applications timely. (Para 5)
4. conclusions and orders for application submission and hearings. (Para 6 , 7 , 9 , 10 , 11)

ORDER :

1. Issue notice to the respondents.

2. Learned counsel for the petitioners refers to the order dated 14.02.2023 passed by Principal Secretary to His Excellency the Governor, whereby a direction was issued to decide the case of NOC expeditiously. He further refers to the affiliation issued by the Rajasthan University of Veterinary and Animal Sciences, Bikaner on 12.09.2025, while submitting that the affiliation was issued provisionally & is still in vogue. He further submits that the institutions have been conducting classes and have been allotted students since 2022–23, and now, after the new policy of 2025 caming into force, the applications are not being accepted offline and even the online portal has not been opened. He further submits that on one hand, the respondents are not deciding the NOC applications and, on the other hand, they are not permitting admissions to the institutions concerned.

3. Learned counsel for the respondent–State submits that the NOC has not been granted till date and therefore the petitioner– institutions cannot be permitted to be allotted students in the counselling. Learned counsel for the respondent–State further submits that under the policy of 2022, all pending applications were treated as rejected and fresh applications were to be made. He further refers to the latest policy of 2025, wherein an identical clause exists, and further refers to the part, wherein only online applications are to be accepted. He further admits that until and unless the portal is opened, nobody can submit applications online.

4. Learned counsel for the University, on the other hand, admits that the order dated 12.09.2025 was issued granting affiliation to the petitioner–institutions and asserts that it was withdrawn on the next date. However, vide order dated 18.09.2025 (Annexure-8), the same was again brought into force.

5. Considering the facts and circumstances of the case, more particularly the facts that a direction was issued by the Principal Secretary to His Excellency the Governor to decide the NOC way back on 14.02.2023, and that the petitioner–institutions have been undertaking the course in question and admitting students since 2022–23, this Court deems it appropriate to direct the State Government to decide the applications for grant of NOC, within a timebound manner

6. The petitioner–institutions are directed to file fresh applications along with all requisite documents offline before respondent No.2 within a period of seven days from today.

7. As a special case, respondent No.2 shall accept the offline applications of the petitioner–institutions and take a decision upon the same within fifteen days of receipt of the applications positively, in case the applications are submitted within seven days from today.

9. A decision with regard to the grant of NOC or rejection of the same shall be taken taken within fifteen days as specified above, after providing an opportunity of hearing to the petitioner–institutions, if need be.

10. List the matter after four weeks.

11. A copy of this order be placed in each file.

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