JUDGMENT 1. - This matter has been placed for hearing before us on reference made by learned Single Judge considering the above noted writ petition as public interest litigation and has accordingly been dealt with and is now being finally disposed of by this order at admission stage itself. 2. The petitioner, Swayam Sevi Shikshan Sanstha Sangh, Jaipur hereinafter referred to as "Sangh" which is a registered body incorporated under the Registration of Societies Act, 1958 (for short 'the Act'), has moved this court by way of instant writ petition filed under Article 226 of the Constitution of India through its President Shri Satyavrat Samvedi. The petitioner Sangh was constituted mainly with a view to help and assist the Non-Government Educational Institutions functioning in Rajasthan and for betterment of said educational institutions as well as in relation to the welfare of the students and to serve the public at large as per its aims and objects as so specified in paras 2 and 3 of the writ petition. 3. It has been contended by the learned counsel for petitioner that with a view to provide better organisation and development of education in the non-government educational institutions in the State of Rajasthan, the legislature enacted the Rajasthan Non-Government educational institutions Act, 1989 (Act No.19 of 1992) which came into operation with effect from 4th June, 1992 (hereinafter referred to as 'the Act'), while The Rajasthan Non-Government Educational Institutions (Recognition, Grant-in-aid and Service Conditions etc.) Rules, 1993 (for short 'the Rules') came into force w.e.f. 1.1.1993. The State Government framed the Act as well as the Rules with a view to ensure the satisfactory progress in the field of education and also with a view to diffuse ignorance and illiteracy from the populance of the State of Rajasthan. 4. There are approximately about 26 thousand non-government educational institutions doing Yeomen's service and dedicated to the cause of education getting financial assistance from the State Government in accordance with the policy and guidelines laid down under the Act and Rules. It has been averred in the writ petition that some of the educational institutions are getting very negligible financial assistance from the Government and it is shocking to note that about 29 crores have been earmarked in the budget for non-government educational institutions out of 1900 crores for education in Rajasthan. It has been averred in the writ petition that some of the educational institutions are getting very negligible financial assistance from the Government and it is shocking to note that about 29 crores have been earmarked in the budget for non-government educational institutions out of 1900 crores for education in Rajasthan. It has further been contended by the petitioner that the scheme of the Act of 1989 and the Rules of 1993 nowhere provides any obligation on the non-government educational institutions to get recognition from the State Government for the purpose of imparting education and there is no such provision either in the Act or in the Rules for getting recognition on upgradation of schools. As such there is no condition of getting No Objection Certificate in any respect from any Authority whatsoever as the Act does not provide any mechanism for the same. 5. Before dealing with the aforesaid contentions as advanced by the learned counsel for the petitioner, we deem it appropriate to refer to the relevant Rules as stipulated in Chapter XIII of the Board of Secondary Education, Rajasthan, Perusal of the said rules reveals that a proper mechanism for the purposes of according recognition to the non-government educational institutions in the State has been provided and which has to be strictly adhered to before an educational institution can claim recognition from state government. Rule 4 stipulates that an institution desirous of being recognised for the purposes of an examination conducted by the Board shall not later than 1st September in the year preceding that in which it proposes to open classes in preparation for an examination, apply to the Secretary of the Board for permission to open classes. The application shall be submitted through the Director of Education, Rajasthan. Rule 5 provides that each institution applying for recognition as a High School, Intermediate College, or as a Higher Secondary School, shall remit with its application a fee of Rs. 200/-; and Rs. 100/- per subject in case it is for recognition in an additional optional subject or subjects, subject to a maximum of Rs. 200/-, provided that the applications for recognition in more than one subject or standard are made at one time. 6. No application shall be entertained if the same is not accompanied by the fee as stated above. 7. The aforesaid fee shall also be remitted with applications for permanent recognition. 8. 200/-, provided that the applications for recognition in more than one subject or standard are made at one time. 6. No application shall be entertained if the same is not accompanied by the fee as stated above. 7. The aforesaid fee shall also be remitted with applications for permanent recognition. 8. Rule 6 deals with the procedure with regard to the submission of applications by the educational institutions which are to be submitted in detail incorporating the particular subject to which the Director of Education shall make his report and recommendations. 9. Rule 7 deals with the procedure regarding the local inquiry to be conducted and report in such application to be submitted by the Secretary to the Chairman. The Chairman for the said purpose is authorised to appoint Inspector or Inspectors as he may consider necessary in each case from a penal constituted by the Board on the recommendations of the Committee of recognition, the report alongwith recommendations to be submitted by the Secretary to the Recognition Committee whose decision shall be final in the matter. 10. Rule 10 envisages certain safeguards for the purposes of according recognition and the conditions to be complied with at the first instance for the purposes of recognition and which are the under: "(a) that it shall be under the inspection of the inspecting officers of the Education Department of the State and shall be open to inspection by such other person or persons as the Board may, for purposes of formal inspection, depute independently or associate with such officers: (b) that in the case of a High School, or a Higher Secondary School, the middle and primary sections of the school continue to be recognised by the Department of Education; (c) that in the case of an Intermediate College, the High School in connection with which Intermediate classes have been opened continues to be recognised by the Board and the middle and primary sections of the High School continue to be recognised by the Department of Education of the State; (d) that Rules and Regulations issued by the Education Department of the State, so far as they are not inconsistent with the Board's Regulations, are duly followed: (e) that all information and returns called for from the institution by the Board shall be duly furnished by their Head of the Institution. (f) that it shall not prepare and send up candidates for a rival examination (High School, Higher Secondary, or Intermediate in Arts, Science, Commerce, or Agriculture Examinations) when an examination of the same nature and similar standard is held by the Board; (g) that it shall make suitable arrangements for health and recreation of its pupils, which will include the following: (a) proper sanitary arrangements, (b) medical inspection of its pupils at least once a year followed by proper medical treatment, where necessary; (c) Physical Education of its pupils consisting of outdoor games or physical exercises; N.B.-Clause (b) shall be optional for girls only. (h) that it shall provide a accommodation at the rate of not less than 12 sq. feet of floor space for each scholar in a class-room; (i) that it shall Limit the admission into any class or section of a class to the number of scholars for which there is accommodation in the lass room, subject to a maximum of 35 scholars in each class or section of a class in High School or Higher Secondary School, and 60 scholars in each class or section of a class in the Intermediate classes; Provided that if there is adequate accommodation and adequate staff to cope with the extra work involved in the increase in the number of scholars, and the Director of Education is satisfied that the efficiency of work would not suffer, the number of scholars in a class or section of a class in the High School classes may be not more than 45; (j) that it shall appoint and maintain an adequate number of teaching staff possessing the minimum qualifications as may be prescribed by the Board and on the minimum emoluments as may be recommended under the bye-laws framed by the Board for the purpose; (k) that it shall follow such rules regarding the admission and migration of scholars as may be laid down by the Board; (1) that if called upon to do so, it shall place its building, staff, furniture, and apparatus at the disposal of the Board to be used for its examinations." 11. Rule 11 stipulates that if the recognition Board is satisfied that an institution is deserving of recognition, it shall direct the Secretary to enter its name upon the list of recognised institutions to be maintained by him and the Secretary shall further inform the institution which applied for its recognition through the Director of Education, in which subject, on what conditions and for what examination or examinations, it has been recognized. 12. Rule 12 stipulates that in no case the classes shall be started if the aforesaid conditions are not fulfilled to the satisfaction of the Charirman. 13. Rules 13 and 14 stipulate that where an institution is desirous of adding the subject of instruction in respect of which recognition had been granted, the procedure prescribed by the foregoing regulations shall, as may be, be followed. It is further provided that an institution recognised by the Board for the purpose of any of its examinations shall submit to the Board, through the Director of Education, Annual Returns giving personal and pay of the teaching staff and any change in the Management shall be communicated as soon, after the change, as possible. It is further stipulated in the regulations that Board shall have every recognised institution periodically inspected and such inspection for an institution shall be held once in every five years and at third intervals if deemed necessary. It is always open to the Recognition Committee to select institutions for such inspection in each year and, on receipt of the reports, recommend to the Board, steps if any, to be taken on them. The reports with the Committee's information shall be submitted to the Board which shall take into consideration on its next meeting and inform institution of its decision through the Director of Education. The regulations further stipulate that no action shall be taken by the Board on any report by Director of Education without first giving the institution concerned an opportunity of making representation if it may wish to make through the Director of Education of the Board. 14. It is always at the option of the Board to recognise or to derecognize any educational institution and if the recognition is withdrawn in one or more optional subjects, restore to it the privileges of preparing candidates therein. Regulation 23 provides that no institution shall be recognised in any branch of experimental science etc. 14. It is always at the option of the Board to recognise or to derecognize any educational institution and if the recognition is withdrawn in one or more optional subjects, restore to it the privileges of preparing candidates therein. Regulation 23 provides that no institution shall be recognised in any branch of experimental science etc. unless it satisfies the Board:- (a) That the number of students assigned to a single teacher in practical work at one time does not exceed 20. (b) That suitable laboratories in each branch of Experimental Science are provided, and each of them is adequately equipped, (c) That laboratory journals are regularly maintained by the students and kept for inspection, and, (d) That workshops etc. are provided wherever vocational and technical education is given. 15. During the course of hearing, Shri R.P. Garg learned counsel for the petitioners has vehemently contended at the bar that if clause 4 (ka) of Chapter XIII of the Regulations read with clauses 6,8,9,12 and 13 of the Board of Secondary Education, Rajasthan Ajmer as referred to above are also made applicable to the non-government educational institutions, then the same will be violative of Constitutional provisions and against the aims and objects of the Act, 1989 and the Rules, 1993 and also against aims and objects which mandate providing of literacy in the State of Rajasthan and to spread the network of educational institutions in the State of Rajasthan and as such, the same is liable to be quashed and set-aside. 16. Learned counsel for the petitioners has further contended that after the aforesaid clauses of Chapter XIII of the Act (sic Regulations?) are not only arbitrary and malafide but have no nexus with the object and provisions of the Act and the Rules for providing better education and the same are liable to be quashed and set-aside. 17. 1 have heard learned counsel for the petitioners at length, examined relevant rules and regulations and the provisions of the Act as referred to above. 18. 17. 1 have heard learned counsel for the petitioners at length, examined relevant rules and regulations and the provisions of the Act as referred to above. 18. Prima facie we are of the considered opinion that the contentions advanced by the learned counsel for the petitioners have no writ (sic merit) since a non-government educational institution which is anxious to have recognition from the State Government or grant-in-aid has to mandatorily comply with the aforesaid requirements of the rules and regulations and if any such requirement is either not fulfilled or lacking on the part of such educational institution, it is not open for the said institution to claim recognition or grant-in-aid as a matter of right. We are further of the view that it is always open to the State Government to stipulate any compliance of any conditions for the purposes of according recognition which may be either temporary or permanent to a non-government educational institution and unless and until it fulfills the conditions as stipulated in the rules the recognition whether temporary or permanent cannot be claimed as a matter of legal right. In this regard we deem it appropriate to refer to salient provision of Chapter II of the Rules, 1993 dealing with recognition, its refusal and withdrawal. Rule 3 stipulates as under:- "3. Recognition of Institution-(1) Every institution except those affiliated to a University or recognised by the Board seeking recognition must be registered under the Rajasthan Societies Registration Act, 1958. (2) Except in the case of institutions which are either affiliated to a University or recognised by the Board, the competent Authority as specified in Appendix-III may, on an application made to it in the prescribed from (Appendix-I), recognise a Non-Government Educational Institution on fulfillment of such terms and conditions as prescribed hereafter. (3) Every application for recognisation of an institution shall be entertained and considered by the competent authority and the decision thereon shall be communicated to the applicant within the period as prescribed hereafter." 19. Recognition may be of two kinds as stipulated in Rule 4 which may be either; (1) temporary or (2) permanent recognition. "(i) Temporary Recognition:-Any educational institution submitting an application for recognition of a school/college/library/research institute or training school supported by an affidavit verifying the correctness of the facts mentioned therein may be given temporary recognition. Recognition may be of two kinds as stipulated in Rule 4 which may be either; (1) temporary or (2) permanent recognition. "(i) Temporary Recognition:-Any educational institution submitting an application for recognition of a school/college/library/research institute or training school supported by an affidavit verifying the correctness of the facts mentioned therein may be given temporary recognition. (ii) Permanent Recognition:-A non-Government educational institution shall be eligible for permanent recognition, if it complies with the following conditions:- (a) After having been granted temporary recognition, the institution seeking permanent recognition, must have worked satisfactorily fulfilling the terms and conditions, as specified in Appendix-II, for atleast three years from the date of such temporary recognition. (b) The management has promptly complied with the provisions of these rules and orders/directions or instructions issued by the Director of Education/State Government and in submitting all necessary information asked from it from time to time. (c) The students have shown satisfactory examination results. (d) The institution complies with the minimum physical/financial norms and other conditions laid down in Appendix-II." 20. Rule 5 (1) provides procedure for recognition as, under: "5. Procedure for Recognition:- (1) The educational institutions, except those affiliated to any University or recognised by the Board, willing to get recognition; shall submit an application in the prescribed form (Appendix-I) to the competent authority as specified in Appendix-III, provided it fulfills all terms and conditions as laid down by the Government from time to time." 21. Rules 6, 7 and 8 deal with the procedure with regard to the presentation of an appeal by an institution against refusal or withdrawal of recognition by the Educational Institutions. 22. During the course of hearing learned counsel for the petitioner has vehemently contended at the bar that the scheme of the Act of 1989 as well as the Rules of 1993 do not impose any obligation on Non-Government Educational Institutions to get recognition from the State Government nor it is obligatiory on them to apply to the State Government for getting recognition on upgradation, since there is no provision either in the Act or in the Rules in this regard. Learned counsel further contended that in absence of any condition of getting No Objection Certificate from any authority whatsoever, the said requirement cannot be made obligatory or binding on the petitioner institution to get N.O.C. from the respondent-State since the Act of 1989 does not provide for the same. 23. Learned counsel further contended that in absence of any condition of getting No Objection Certificate from any authority whatsoever, the said requirement cannot be made obligatory or binding on the petitioner institution to get N.O.C. from the respondent-State since the Act of 1989 does not provide for the same. 23. The petitioner has also challenged the vires of relevant rules more particularly Rule 4 (ka) of Chapter XIII of the Board of Secondary Education Rajasthan, Ajmer as well as clauses 6,8,9,12 and 13 of the said Chapter as applicable to Non-Government Educational Institutions in Rajasthan being violative of constitutional provisions and against the aims and objects of the Act, 1989 and the Rules of 1993. 24. We have heard learned counsel for the petitioner at length as well as examined the legal position of the Rules as contained in Chapter XIII of the Hand-book Board of Secondary Education Rajasthan and also the relevant Rules of 1993 and the provisions of the Act of 1989. 25. We are further of the opinion that the petitioner has failed to point out as to how and why the validity of the aforesaid Rules is open to challenge and in what manner it is violative of right to education under Constitution of India. During the course of hearing learned counsel for the petitioner has also failed to point out as to how and in what manner the provisions of the aforesaid Rules are ultra-vires of the relevant provisions of the Constitution of India or the directive principles of State policy as enshrined in Part IV of the Constitution of India. 26. As regards the provisions of Rule 4(ka) that as on the date of passing of the order of up-gradation and within a period of two months w.e.f. the said date or on or before 30th November of that year, whichever is earlier, on deposit of requisite fee on proper form before an Educational Institution can be granted permanent recognition, the process with regard to the same shall commence subject to the fulfillment of the following conditions as stipulated in Rule 6 of the Rules, namely, 6 (ka) that the institution is already having permanent recognition. (Kha)- that the said institution fulfills the said condition imparting education. (Kha)- that the said institution fulfills the said condition imparting education. (Ga)- that in class IX minimum strength of the students should be 20 and not below 15 and in class XI the minimum strength of students should be 30 and not below 20. (Gha)- that the institution is competent enough to achieve within a period of five years from the date of recognition, requirements relating to financial, buildings and play-grounds etc. (Nga)- that within a period of two years following the grant of recognition competency to run the classes from 1st to 5th in the said institution, and that the institution is in a position to achieve atleast 50% of the grant from the Board on account of furniture, library, material for sports, laboratory equipments etc. within a period of two years following the grant of recognition by the Board. 27. As a result of above discussion, we are of the view, that there is nothing arbitrary or illegal imposed on the educational institutions in the matter of grant of recognition to non-Government Eduational Institutions functioning within the State of Rajasthan since the said provisions have been incorporated in the Rules mostly with a view to have better educational standards of the said institution and the purpose of the said Rules aboviously being for betterment of the students' welfare and for serving the public at large, hence there is direct nexus between the Rules and the purpose sought to be achieved by the same and consequently the said provisions in our considered opinion, cannot be held to be violative either of the Rules of 1993 or the Act of 1989 or ultravires of the Constitution of India. 28. 28. On perusal of the provisions of Section 3 of the Act of 1989 as contained in Chapter II of the Act which provide inter-alia (i) Except in the case of institution affiliated to an University or recognition or to be recognised by the Board, the competent authority may, on an application made to it in the prescribed form and manner, recognise a non Government Educational Institution on fulfillment of such terms and conditions as may be prescribed:- provided that no institution shall be recognized, unless it is registered under the Rajasthan Societies Registration Act, 1958, we are of the view that it is the sole prerogative of the State Government to grant or not to grant recognition to any educational institution subject to fulfillment of the conditions as stipulated in the Rules as referred to above and there is nothing arbitrary, illegal or perverse in the aforesaid Rules dealing with the grant of recognition to the non-Government Educational Institutions. Hence the contentions as advanced by the learned counsel for the petitioner that there is no provision either in the scheme of the Act of 1989 or in the Rules of 1993 as regards the obligation on the non-Government Educational Institutions to get recognition from the State Government and the contention regarding there being no provision in the Act or the Rules for getting recognition on upgradation of Schools, are wholly devoid of merit and the same are not tenable in law. We do not find anything arbitrary or malafide on the part of the State Government in imposing the aforesaid conditions subject to fulfillment of which recognition may be granted to such educational Institutions. 29. As a result of the above discussions, the writ being devoid of merit, is dismissed in limine.Petition dismissed. *******