HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 411/2026 Maa Bhagwati Degree College ----Petitioner Versus The State Of Rajasthan & Ors.

----Respondents For Petitioner(s) : Ms. Aradhna Swami for Mr. Khurshid Ahmed Khan For Respondent(s) :

HON'BLE MR. JUSTICE ANUROOP SINGHI

Order

13/01/2026 Learned counsel for the petitioner has invited attention of this Court to the order dated 31.01.2023 passed in D.B. Civil Special Appeal (Writ) No.2/2023 titled as State of Rajasthan and Another Vs. Maa Bhagwati Degree College and other connected matters, the operative portion of which reads as under:-

“Taking into consideration the submissions of learned counsels for the respective parties and further that the issue with regard to the authority of the Commissioner, College Education is under consideration in these appeals and further taking into consideration that unless NOC is issued by the State authorities, the students enrolled with respondents- institutions may not appear in the forthcoming examinations and also that the respondents-institutions are prepared to give undertaking, we are inclined to issue a direction that the appellants shall provide NOC to the respondents-institutions upon furnishing undertaking that in the event any adverse order is passed against them, the entire amount demanded from them shall be deposited in the office of the Commissioner, College Education. The said undertaking shall also be treated as undertaking given before this Court in Appeal No. 3/2023 wherein aforesaid application has been filed.

It goes without saying that once NOC is granted by the State upon submission of undertaking by the institutions/colleges concerned, the University would admit the students of those institutions/colleges for examinations.”

Learned counsel has further invited attention to the interim orders passed by the Co-ordinate Bench of this Court on 24.10.2024 and 09.04.2025 and submits that case of the petitioner is very much similar to the circumstances prevailing in those matters.

Interim order dated 09.04.2025 passed in S.B. Civil Writ Petition No.4906/2025 titled as Shree Nath Shikshan Sansthan and Another Vs. State of Rajasthan and Others reads as under:-

“1. Learned counsel for the petitioners invited Court’s attention towards the judgment dated 31.03.2022 passed by Co-ordinate Bench of this Court in S.B. Civil Writ Petition No.2622/2021 so also the judgment dated 26.05.2023 passed by Division Bench in D.B. Civil Special Appeal (Writ) No.861/2022 and submitted that the petitioners have already furnished an undertaking but the respondents are not issuing NOC, due to which, the students of petitioners-institutions are not being allowed to fill the examination forms.

2. Issue notice. Issue notice of stay application also, returnable on 27.05.2025.

3. List this case on 27.05.2025, as prayed.

4. Meanwhile, the respondent No.2-Commissioner, College Education is hereby directed to issue NOC to the petitioners-institutions and the respondent No.3 is directed to allow the students of petitioners-institutions to fill examination and scholarship forms.

5. Connect with S.B. Civil Writ Petition Nos.

13703/2024 and13706/2024.”

Learned counsel further submits that the petitioner has already submitted an undertaking dated 02.01.2026 as was mandated by the Division Bench, however, despite that the respondents are not proceeding to issue NOC on account of which, the students of the petitioner – Institution were not allowed to fill the examination form.

Taking note of the above, issue notices of the writ petition as well as stay application to the respondents, returnable by

12.02.2026.

List the matter on 12.02.2026.

In the meanwhile, respondent No.2 – Commissioner College Education, is directed to issue NOC to the petitioner – Institution and the respondent No.3 – University be directed to allow the students of the petitioner to fill examination and scholarship forms.

(ANUROOP SINGHI),J JAYANT KUMAR /03