PRAGATI INDUSTRIAL TRAINING Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2013-7-168
HIGH COURT OF RAJASTHAN
Decided on July 05,2013

Pragati Industrial Training Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

Ajay Rastogi, J. - (1.) INSTANT petition has been filed assailing order of the Govt. dt. 10.6.2013 rejecting application of the petitioner for grant of NOC by the state govt. for running under graduate college. The petitioner No. 1 as alleged is the registered society and No. 2 is the Secretary of the managing committee. An application was submitted by the petitioner for grant of NOC for opening a new college on submitting requisite fee and further correspondence took place between the petitioner institution and the Directorate, College Education but since the petitioner fails to fulfill pre -requisite requirements in terms of policy which could consider for grant of NOC by the state govt. and after the time was granted and formalities was not complied with before the dead line by the petitioner i.e. 30.4.2013, their application for grant of NOC was rejected by the respondents vide order dt. 10.6.2013.
(2.) COUNSEL submits that there is no college in private sector at Panchayat Samiti Malarna Doongar and even as per clause 9.3 of the guidelines three years period is provided as per the norms to comply with the condition for grant of NOC and in these facts & circumstances what is being called upon by the petitioner to furnish was not in conformity with policy laid down by the state govt. In these facts & circumstances, the very order of rejection dt. 10.6.2013 is legally not sustainable. He has also placed on record rent deed of the subject land. As reveals from the record the petitioner has no title over the land and what is being executed is a rent deed and agreement which does not comply with the conditions as per policy for being considered by the state govt. for grant of NOC for running under graduate college and once opportunity was afforded to comply with conditions referred to by 30.4.2013 and indisputably was not complied with and still it is not the case of the petitioner that if some more time is granted to him he may comply with the conditions referred to by the state govt. in this background of the matter, this Court does not find any error in the decision making process adopted by the respondent in rejecting the application filed by the petitioner fro grant of NOC which require interference. Consequently, the writ petition fails being devoid of merit and accordingly dismissed.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.