HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 4133/2026 Gurukul College Of Veterinary Science, Jay, Nagar Tehsil, Indragarh, Bundi Under The Management Of Amar Shiksha Samiti, Shiv Bhawan, Amritpuri Colony Near Adj Quarter, Hindauncity, Tehsil Hindauncity, District Karauli Through The Secretary Moharpal Singh S/o Sevaram Jat, Aged About 36 Years, R/o Kajanipur, Hindone City, District Karoli, Raj.

----Petitioner Versus

1. State Of Rajasthan, Through Secretary, Department Of Animal Husbandry, Government Of Rajasthan, Secretariat, Jaipur.

2. The Joint Secretary, Department Of Animal Husbandry, Government Of Rajasthan, Secretariat, Jaipur.

3. The Director, Department Of Animal Husbandry, Government Of Rajasthan, Pashudhan Bhawan Tonk Road, Jaipur.

4. Rajasthan University Of Veterinary And Animal Sciences, Bikaner, Through Its Registrar.

----Respondents For Petitioner(s) : Mr. Mansoor Ahmed Siddiqui.

Mr. Naved Khan Sindhi. For Respondent(s) :

HON'BLE MR. JUSTICE SANJEET PUROHIT

Order

23/02/2026

1. Present writ petition has been filed challenging advertisement dated 12.02.2026, whereby petitioner-institute has been called upon to submit a fresh application for grant of NOC on the ground that the NOC earlier granted to petitioner on

02.09.2022 was issued pursuant to directions of this Court and was therefore a conditional NOC.

2. Learned counsel for the petitioner submits that as a matter of fact, respondents have issued Guidelines-2025 for establishment and operation of Animal Husbandry Diploma Institutes. Referring to a specific clause of said Guidelines, learned counsel stated that Institutes already in operation are not required to submit a fresh application for NOC and fresh application is necessary only in cases where an existing institute seeks increase in seats.

3. Learned counsel for the petitioner has placed reliance upon the general instructions issued pursuant to said policy dated 09.01.2026, which also do not stipulate any requirement for existing institutes to apply for a fresh NOC.

4. It is submitted that condition so imposed in advertisement dated 12.02.2026 is not only contrary to Guidelines-2025, but also expands the scope of the Guidelines, which cannot be done by way of introducing additional conditions through an advertisement.

5. Per contra, learned counsel for the respondents submits that as a matter of fact, a conditional NOC was issued in favour of petitioner in year 2022, which clearly requires that petitioner-

institute will have to apply afresh in the event of change in policy.

6. Learned counsel for the respondent contends that petitioner cannot be permitted to approbate and reprobate at the same time and in this regard, places reliance upon judgment passed by the Hon’ble Supreme Court in R.N. Gosain v. Yashpal Dhir reported in (1992) 4 SCC 683

7. This Court prima facie finds that petitioner is a running institute in whose favour NOC has already been issued by State Government after completing entire prescribed procedure. Merely because this Court directed that to decide representation of petitioner for expeditious disposal of application for NOC, the same does not, by itself, create a separate class of the petitioner. 8. Learned counsel for the respondents failed to dispute the fact that Guidelines-2025 nowhere requires existing institute to apply afresh for NOC or even to institute to whom NOCs had been issued pursuant to directions of this Court. Such condition for the first time was incorporated in advertisement, which is beyond the terms of Guidelines-2025.

9. Matter requires consideration.

10. Respondents are directed to file their response to present writ petition within four weeks.

11. In the meantime, respondents are directed to permit petitioner – Institute to continue the course in pursuance of the NOC granted in year 2022, without requiring them to apply for fresh NOC under advertisement dated 12.02.2026.

12. It is made clear that this interim protection shall not create any equity