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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
SAMEER JAIN
Daksh Education Trust (A Trust), Through Its Present President Tej Singh Rajawat, Son Of Shri Madan Singh Rajawat – Appellant
Versus
State Of Rajasthan, Through The Secretary, Animal Husbandry And Live Stock Department – Respondent
Order :
SAMEER JAIN, J.
1. Learned counsel for the petitioner submitted that the present is a second round of litigation. It is submitted that the erstwhile writ petition: S.B. Civil Writ Petition No. 14753/2012, was disposed of by this Court vide order dated 15.01.2013, with specific directions to the respondent-authorities to pass a reasoned and speaking order qua the issue of rejection of the No Objection Certificate (NOC).
2. It is submitted that despite explicit directions of the Court (Annexure-11), the respondents flouted the mandate and proceeded to pass the impugned order dated 15.03.2013 (Annexure-12) in routine and cryptic manner, arbitrarily rejecting the NOC qua the petitioner, under the garb of a purported policy decision. It is next submitted that the respondents adopted a discriminatory pick and choose mechanism, whereby NOCs have were already granted to umpteen of other colleges while wrongfully rejecting the petitioner’s claim.
3. At this juncture, learned counsel for the petitioner fairly concedes that pursuant to subsequent directions passed by this Court, the State Government formulated new policies and guidelines in the year 2025 for the grant of NOCs, under which
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.
Violation of natural justice and non-application of mind in administrative decision-making
The central legal point established in the judgment is the necessity of NOC for running nursing institutions and the relevance of exemptions for upgradation of School of Nursing, as well as the impor....
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