[2026:RJ-JD:12300]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 3958/2026

1. Rohat Public Shiksha Seva Samiti, Having Its Registered Office At Rampura Road, Rohat Through Its Secretary Ms. Reena Chouhan, Aged About 44 Years, D/o Shri Ashok Kumar Chouhan, Resident Of Rampura Road, Rohat, District Pali, Rajasthan.

2. Rohet College, Situated At Khasra No. 296/2 And 296/6 Rampura Road, Rohat, Pali, Through Secretary Ms. Reena Chouhan D/o Sh. Ashok Kumar Chouhan Aged About 44 Years, R/o Rampura Road Rohat, Distt. Pali (Raj.).

----Petitioners Versus

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

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

3. The Joint Director, Private Institutions, Block-Iv, Shiksha Sankul, Jln Marg, Jaipur, Rajasthan.

4. The Deputy Director, College Education, Jaipur, Rajasthan.

----Respondents For Petitioner(s) : Ms. Kamini Joshi For Respondent(s) :

HON'BLE MR. JUSTICE SANJEET PUROHIT

Order

16/03/2026

1. Learned counsel for the petitioners has shown order passed by Division Bench of this Hon’ble Court at Jaipur in the matter of State of Rajasthan & Ors. Vs. Gurukul Institution of Education & Anr. (D.B. Civil Special Appeal (Writ)

No.631/2022) along with other connected matters on

31.01.2023, which reads as follows:

“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 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