[2026:RJ-JD:10194]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 3666/2026 Navodaya Education Society, Sanchore, Tehsil Jalore, District Jalore, Rajasthan Through Its Secretary Surendra Shahu S/o Shri Sidha Ram Sahu, Age 46 Years, R/o Dawal, District Jalore.

----Petitioner Versus

1. State Of Rajasthan, Through Its Principal Secretary Higher Education Government Of Rajasthan, Secretariat, Jaipur.

2. The Commissioner, College Education, Government Of Rajasthan, Jaipur.

3. The Joint Director (Private Institutions), Block 4, Shiksha Sankul, Jan Marg, Jaipur.

4. Deputy Director, College Education, Jaipur.

----Respondents For Petitioner(s) : Ms. Abhilasha Kumbhat.

Mr. Nishant Bora.

For Respondent(s) : Mr. Milap Chopra, D.G.C.

HON'BLE MR. JUSTICE SANJEET PUROHIT

Order

25/02/2026

1. The present writ petition has been filed with the following prayer:-

“It is therefore, most humbly and respectfully prayed that this writ petition may kindly be allowed; and by an appropriate writ, order or direction, the Respondents may direct to issue NOC for the years

2024-2025, 2025-26 and 2026-2027.

Any other appropriate writ or order or direction which is favourable to the petitioner in the facts and circumstances of the case may kindly be granted to the petitioner.”

2. Learned counsels for the parties jointly submit that the controversy raised in the present writ petition is identical to the controversy which was earlier raised in S.B. Civil Writ Petition No.18701/2023 I G Shiksha And Seva Sanstha Vs. State of Rajasthan & Ors. (decided on 30.05.2024) whereby a Co-ordinate Bench of this Court disposed of the present writ petition while relying on the order passed by Division Bench at Jaipur of this Hon’ble Court in case of State of Rajasthan Vs. Gurukul Institution of Education & Anr. (D.B. Special Appeal (Writ) No.631/2022) alongwith other connected matters on 31.01.2023. The order passed in I G Shiksha (supra) is reproduced as under:-

“D.B. Civil Special Appeal (Writ) No.824/2022 has been filed beyond the period of limitation and, therefore, application seeking condonation of delay in filing of the aforesaid appeal has also been filed.

Considering that in the similar appeals having already been filed, the issue is being examined by this Court, the delay in filing of the aforesaid appeal is condoned. Application seeking condonation of delay in filing of the aforesaid appeal is allowed.

Applications for appropriate directions have been filed in D.B. Civil Special Appeal (Writ) Nos.631/2022,526/2022, 782/2022 and 940/2022.

The prayer made in the aforesaid applications is that even though the order has been passed by the learned Single Judge in favour of the respondents-private educational institutions, NOC is not being issued by the State authorities/Commissioner, Higher Education, insisting for payment of fine amount under Circular dated 03.06.2019 read with order dated 19.07.2022.

Learned counsels for the respondents would submit that the appeals are pending consideration before this Court and the respondents are prepared to give undertaking that in the event, the appeal is decided against them, they shall pay the amount as demanded by the State authorities.

Learned counsel for the State would submit that the order passed by the learned Single Judge has been challenged in these appeals filed by the State and interim orders have also been passed in favour of the State on prima facie consideration that the Commissioner, Higher Education had the authority under the law to issue direction which was impugned in the writ petitions. He would further submit that if the institutions do not deposit the amount and the students enrolled with those institutions are allowed to appear in examinations by way of grant of NOC, the institutions, at a later stage, may avoid discharge of their obligation in the event of appeals being allowed.

Taking into consideration the submissions of learned counsels for the respective parties and further that the issue wi