JUDGMENT : Alok Sharma, J. The Agricultural Department issued an advertisement dated 24.09.2014 inviting applications from societies/trusts desirous of starting agricultural colleges in the private sector in the State of Rajasthan beginning the academic year 2015-16. The intent was obviously to promote Agricultural Education in the State of Rajasthan. 2. The petitioner-society submitted an application seeking to start an agricultural college in the name of Rukmani Devi Memorial College of Agriculture. The application was made to the Agricultural Department within time along with the requisite documents, a Demand Draft of Rs. 15,000/- as application fee and FDR of Rs. 10,00,000/-. Vide letter dated 04.06.2015 the petitioner-society was informed that on scrutiny of its application there appeared to be short fall in respect of the land offered for setting up the agricultural college as against the required minimum area of 25 hectares. In response, vide letter dated 17.07.2015 the petitioner-society informed the respondent department that there was no such short fall but only a miscalculation. It was stated that in fact the petitioner-society had offered 25.66 hectares of land with supporting documents of ownership. Further vide letter dated 30.07.2015, the petitioner society submitted an affidavit enclosing therewith the requisite certificate evidencing that the land offered for setting up the agricultural college in the Khatedari of Hanuman Singh, Arjun Singh, Bheem Singh and Jagdish Singh added upto 25.6 hectares sufficient for fulfilling the minimum requirement of the State Government for setting up an agricultural college as per the advertisement dated 24.09.2014. 3. Apparently satisfied with the quantum of land offered for setting up the agricultural college and also on other parameters, the Joint Director, Agricultural Department issued an office order dated 17.09.2015 for the physical verification/inspection of the site offered by the petitioner society for setting up the agricultural college. A Committee was constituted for the site visit which was to submit its recommendation within 15 days of the visit. The Committee visited the site on 19.10.2015 and made a positive recommendation. 4. The case of the petitioner-society is that despite the positive recommendation of the Committee, the NOC for setting up the Agricultural College has not been forthcoming. This arbitrariness gets compounded by the discrimination of the respondent-State in granting a NOC to set up agricultural college to one Pandit Deen Dayal Upadhyay Krishi Mahavidhayalya Devli, District Tonk on 17.06.2015 and Ganeshi Lal Memorial Krishi Mahavidhyalya Kishangarhbas, District Alwar on 25.08.2015. This arbitrariness gets compounded by the discrimination of the respondent-State in granting a NOC to set up agricultural college to one Pandit Deen Dayal Upadhyay Krishi Mahavidhayalya Devli, District Tonk on 17.06.2015 and Ganeshi Lal Memorial Krishi Mahavidhyalya Kishangarhbas, District Alwar on 25.08.2015. Hence this petition. The respondent-Agricultural Department has filed a reply of denial. It has defended the non-issue of the NOC to the petitioner-society to set up an agricultural college on the ground that subsequent to the advertisement dated 24.09.2014 while various applications were being processed for grant of NOC, the Hon'ble Chief Minister required on or about 03.11.2015 to keep such NOCs for setting up private Agricultural Colleges in abeyance, awaiting the formulation of a policy for setting up such colleges in the State of Rajasthan. It has been submitted that thus though the petitioner-society was inspected and given a positive recommendation for grant of NOC by the three member committee constituted by the Joint Director on 19.10.2015 no further steps were taken in view of the Chief Minister's decision. Thereunder a Committee of three members headed by the Administrative Commissioner has been nominated on 22.12.2015 to formulate a policy for grant of NOCs for setting up agricultural colleges in the State of Rajasthan. Work on the policy is still under process. Consequently NOC to the petitioner-society inter-alia has not been and cannot issued. It has been submitted that the two NOCs granted to Pandit Deen Dayal Upadhyay Krishi Mahavidhayalya Devli, District Tonk on 17.06.2015 and Ganeshi lal Memorial Krishi Mahavidhyalya Kishangarhbas, District Alwar on 25.08.2015 pursuant to their application to the advertisement dated 24.09.2014 were prior to the Hon'ble Chief Minister's direction on 03.11.2015 and hence their cases are clearly distinguishable. 5. Heard. Considered. 6. It is no doubt true that policy formulation is the prerogative of the State Government. However equality is a constitutionally conferred fundamental right. The right of the executive to frame policy cannot be used in an arbitrary or discriminatory manner. In the instant case pursuant to the advertisement dated 24.09.2014 multiple applications were submitted seeking to set up agricultural colleges in the State of Rajasthan and requiring a NOC. All applicants constituted a homogeneous class entitled to equal treatment. The right of the executive to frame policy cannot be used in an arbitrary or discriminatory manner. In the instant case pursuant to the advertisement dated 24.09.2014 multiple applications were submitted seeking to set up agricultural colleges in the State of Rajasthan and requiring a NOC. All applicants constituted a homogeneous class entitled to equal treatment. The said applications were processed and two of the applicants granted NOCs, to set up agricultural colleges in the name of Pandit Deen Dayal Upadhyay Krishi Mahavidhayalya Devli, District Tonk on 17.06.2015 and Ganeshi lal Memorial Krishi Mahavidhyalya Kishangarhbas, District Alwar on 25.08.2015. 7. It is not the dispute that the Committee constituted by the Joint Director, Agriculture Department which made the site visit to evaluate the land offered by the petitioner-society to set up an agricultural college has made a positive recommendation. The petitioner-society has not been stated to be in any other manner deficient in being entitled to a NOC for starting an agricultural college pursuant to its application made following the advertisement dated 24.09.2014. 8. The mere awaiting of formulation of a policy for starting agricultural colleges in the State of Rajasthan is not a conceivable ground for denying the petitioner-society treatment at par with the two other applicants who have been granted NOC. The mere fortuitous circumstances of their applications being processed faster and they then granted a NOC earlier cannot be an intelligible differentia to permit classification amongst an otherwise homogeneous group. The action of the State Government in non-grant of NOC to the petitioner-society despite the recommendation of the departmentally constituted committee is palpably arbitrary, fig leaf of policy under formulation for setting up an agricultural college in the State of Rajasthan in the private sector notwithstanding. The application of the petitioner-society had to be considered on the basis of the obtaining legal regime under which two other applicants as stated above were put through consideration and issued NOC-more so when no formal policy on the issue has yet been notified. And when notified such policy will ordinarily be prospective and not an instrument for discrimination between applicants similarly situate pursuant to the advertisement dated 24.09.2014. 9. On the challenge to the arbitrariness of the State being laid before this Court, the case of the petitioner-society should have been revisited. And when notified such policy will ordinarily be prospective and not an instrument for discrimination between applicants similarly situate pursuant to the advertisement dated 24.09.2014. 9. On the challenge to the arbitrariness of the State being laid before this Court, the case of the petitioner-society should have been revisited. Yet shockingly the State Government continues to pursue its defence and discrimination against the petitioner society without an iota of legal foundation in defiance of the Constitutionally mandated right to equality. That in arrogance of power. The docket of the Court in the meantime continues to overflow with petitions agitating arbitrary action/inaction of the State. 10. Consequently, I would allow this petition with cost of Rs. 1,00,000/-, for reason of the respondent-State first discriminating against the petitioner's society as an applicant under the advertisement dated 24.09.2014 vis-a-vis two similarly placed societies and then setting up before the Court a baseless defence based on "policy under formulation" Rs. 50,000/- to be paid to the petitioner-society and the remainder be deposited to the Rajasthan State Legal Service Authority. It is directed that the petitioner-society's application for grant of NOC for setting up an agricultural college in the private sector now be disposed of in a non-discriminatory manner within 30 days from the receipt of a certified copy of this judgment. 11. The petition stands allowed accordingly.