JUDGMENT : 1. Above-numbered S.B. Civil Writ Petition no. 2229 of 2023, S.B. Civil Writ Petition no. 3368 of 2023, S.B. Civil Writ Petition no. 3366 of 2023 and S.B. Civil Writ Petition no. 2907 of 2023, under Article 226 of the Constitution of India have been preferred claiming, in sum and substance, the following reliefs: “It is therefore, most humbly and respectfully prayed that this writ petition may kindly be allowed and by an appropriate writ, order, or direction: “[1] the respondents authorities may kindly be directed that to open and made operational online web-portal of the university related to the said college of the petitioners to fill the examination form without late fee of the petitioners to till the examination form without late fee of the petitioners for main examination 2023. [2] the respondents authorities may kindly be directed that obstruction of any kind should not be created related to the examination of the petitioners. [3] Any other appropriate writ, order, or direction which this Hon’ble Court deems just and proper may kindly be passed in favour of the petitioner.” 2. Above-numbered S.B. Civil Writ Petition no.10855 of 2022, S.B. Civil Writ Petition no. 12065 of 2022, S.B. Civil Writ Petition no. 14442 of 2022 and S.B. Civil Writ Petition no. [3] Any other appropriate writ, order, or direction which this Hon’ble Court deems just and proper may kindly be passed in favour of the petitioner.” 2. Above-numbered S.B. Civil Writ Petition no.10855 of 2022, S.B. Civil Writ Petition no. 12065 of 2022, S.B. Civil Writ Petition no. 14442 of 2022 and S.B. Civil Writ Petition no. 1099 of 2023 under Article 226 of the Constitution of India have been preferred claiming, in sum and substance, the following reliefs: “It is, therefore, respectfully prayed that Your Lordships may kindly pleased to call for the entire record of the case, examine the same and allow the writ petition by passing an appropriate writ, order or direction: i) The impugned order dated 28.02.2022 ((Ann-13) may kindly be quashed and set aside and the respondents be directed to allow to run the petitioner institution and issue NOC in favour of the petitioner institution for the academic year 2016-17 and onwards and the respondents be directed to allow the petitioner institution to take admission of the students and further the respondent university be directed to accept the examination form of the students through petitioner institution and permit them to appear in the examination; ii) The respondents be directed to permit the petitioner institution to encash the FDR lying in the Bank as per requirement and the respondents be restrained from adjusting the amount of FDR towards penalty; iii) Any other order which this Hon’ble Court deems fit in the facts and circumstances of the case may also be passed in favour of the petitioner institution.” 3. As regards S.B. Civil Writ Petition no. 2229 of 2023, S.B. Civil Writ Petition no. 3368 of 2023, S.B. Civil Writ Petition no. 3366 of 2023 and S.B. Civil Writ Petition no. 2907 of 2023, the facts are being taken from the above-numbered S.B. Civil Writ Petition No.2229/2023, while treating the same as a lead case. 3.1 The petitioners took admission in B.A. First Year and B.Com First Year in the year 2022, in the respondent no.5-Dr. Radha Krishnan Girls College, Sri Ganganagar, affiliated with respondent no.3-Maharaja Ganga Singh University, Bikaner. 3.2 The respondent no.3-Maharaja Ganga Singh University, Bikaner issued a notification on 05.01.2023 regarding filling-up and submission of the examination form for main examination 2023 through online mode on the web portal of the University. Radha Krishnan Girls College, Sri Ganganagar, affiliated with respondent no.3-Maharaja Ganga Singh University, Bikaner. 3.2 The respondent no.3-Maharaja Ganga Singh University, Bikaner issued a notification on 05.01.2023 regarding filling-up and submission of the examination form for main examination 2023 through online mode on the web portal of the University. The petitioners tried to submit the examination form, but the same could not be submitted, on count of the fact that the name of respondent No.5-College was not appearing in the related tab on the web portal of the respondent no.3 -University. Hence, the petitioner's father filed an application before the respondent no.3– University on 28.01.2023 for opening the online portal so as to enable the students to fill-up and submit the form of the main examination. However, since, as per the petitioners, the respondents did not pay any heed to the repeated requests made to them by the petitioners, therefore, the present petitioners are before this Court seeking redress. 4. As regards, S.B. Civil Writ Petition no.10855 of 2022, S.B. Civil Writ Petition no. 12065 of 2022, S.B. Civil Writ Petition no. 14442 of 2022 and S.B. Civil Writ Petition no. 1099 of 2023, the facts are being taken from the above-numbered S.B. Civil Writ Petition No.10855/2022, while treating the same as a lead case. 4.1 The petitioner-College applied for issuance of No Objection Certificate (NOC) for various courses at graduation level, and the same was issued in favor of the petitioner in regard to the academic session 2012-13; the said NOC was temporarily extended for the academic sessions 2013-14, 2014-15 and 201516, vide orders dated 30.07.2013, 25.07.2014, and 07.06.2016, respectively. 4.2. Thereafter, vide communication dated 18.01.2017, the petitioner, through its authorized representative, was asked to appear in the office of Commissionerate, Department of College Education, Rajasthan, Jaipur, for the purpose of removing the defects, as pointed out, so as to enable the petitioner-College to obtain temporary extension of NOC for the academic session 2016-17; in pursuance of the said communication, the Principal of the petitioner-Institution appeared before the concerned authority of the department on 27.01.2017 and removed all the defects; thereafter, the petitioner made several requests for extension of the said NOC vide communications dated 26.07.2019, 27.05.2020 and 04.01.2021, but nothing was done by the authorities concerned in that regard. 4.3. 4.3. However, the respondents issued notice on 04.02.2022 seeking the explanation from the petitioner as to why the proceeding for cancellation of NOC be not initiated, due nonfulfillment of the requisites. Thereafter, vide order dated 28.02.2022, the NOC was cancelled from the academic session 2020-21, completely closing the running of the petitioner-College from the academic session 2022-23, while imposing a penalty of a sum of Rs.5,00,000/-upon the petitioner, due to running of the institution without NOC, during the academic session 2016-17 to 2019-20. 5. Learned counsel for the petitioners submits that the respondent-University has received the affiliation fee to the tune of Rs.1,80,000/-on 18.02.2022 for the session 2022-23 from the petitioner’s college (respondent no.5 in CW No.2229/2023) and the Department of College Education has also received fees in a sum of Rs.95,000/-on 16.03.2022 through e-challan for the purpose of issuance of the temporary No objection Certificate for the session 2022-23, and therefore the impugned action of the respondent authorities in not opening the online portal for submission of the examination form, is apparently contrary to law. 6. Learned counsel for the petitioners further submits that the respondent-University are bound to open the online portal for submission of the examination form relate to their affiliated colleges; thus, the impugned action of the respondent-University is illegal, arbitrary and not cannot be sustained in the eye of law. 7. Learned counsel for the petitioner-College in S.B. Civil Writ Petition No.10855/2022 submits that the amount of penalty, as demanded, has already been deposited by the petitioner, and therefore, the penalty order issued by the respondents is illegal and arbitrary. 7.1. He further submits that the power to impose the penalty, in the given circumstances, is clearly violative of the provisions as contained in Sections 33 & 34 of the Rajasthan Non-Government Educational Institutions Act, 1989. 7.2 In support of his submission, learned counsel relied upon the judgment rendered by a Coordinate Bench of this Hon’ble Court at Jaipur Bench in the case of Sita Devi Educational Society, Bhilwara Vs. State of Rajasthan (S.B. Civil Writ Petition No. 13200/2019 and other connected matters decided on 11.03.2023). 8. 7.2 In support of his submission, learned counsel relied upon the judgment rendered by a Coordinate Bench of this Hon’ble Court at Jaipur Bench in the case of Sita Devi Educational Society, Bhilwara Vs. State of Rajasthan (S.B. Civil Writ Petition No. 13200/2019 and other connected matters decided on 11.03.2023). 8. On the other hand, learned counsel appearing on behalf of the respondents, while opposing the aforesaid submissions made on behalf of the petitioners, submit that the affiliated colleges running various courses only after getting recognition and No Objection Certificate (NOC) from the State Government after inspection of the basic infrastructure, staff etc. The educational institution in which petitioner-students are pursuing their courses has not been granted recognition/NOC by the State Government, and that, in absence of the same, the impugned action has been taken by the respondents. 9. Learned counsel for the respondents further submit that vide letter dated 07.11.2021, directed Dr. Radha Krishnan Girls College, Sriganganagar, herein, to submit various documents including NOC issued by the State Government; thereafter again the respondent-University directed to the said College to submit the NOC but till date no such NOC issued by the State Government for the academic session 2014-15 was produced. 10. Learned counsel for the respondents also submit that the meeting of the Academic Council as well as Board of Management (BOM) of the respondent-University vide office order dated 29.01.2022 restrained the College from giving admission to ethe students in the first year for the academic session 2022-23 due to non-grant of NOC by the State Government. 11. Learned counsel for the respondents in S.B. Writ. Petition 10855/2022 submits that the petitioner-College therein failed to cure all the deficiencies as pointed out by the respondents, but owing to the best interest of the students, a further opportunity was granted to cure the defects along with deposition of the penalty amount, but despite that, the petitioner-College failed to do the needful. 11.1. He further submitted that the respondents vide letter dated 09.01.2020, 22.05.2020 and 07.12.2020, informed the petitioner to removed the defects, but thereafter also, the petitioner did not cure the defects. He also submits that the judgment rendered in the case of Sita Devi Educational Society (Supra), as relied upon on behalf of the petitioners, came to be challenged before the Division Bench of this Hon’ble Court in the case of State of Rajasthan & Ors. Vs. He also submits that the judgment rendered in the case of Sita Devi Educational Society (Supra), as relied upon on behalf of the petitioners, came to be challenged before the Division Bench of this Hon’ble Court in the case of State of Rajasthan & Ors. Vs. Sita Devi Educational Society & Anr. (D.B. Civil Special Appeal (Writ) No. 526/2022 and connected matters), wherein, vide order dated 19.05.2022, the effect and operation of the judgment dated 11.03.2022 passed by the Hon’ble Single Bench in Sita Devi Educational Society (Supra) was stayed. 12. Heard learned counsel for the parties as well as perused the record of the case, alongwith the judgments cited at the Bar. 13. This Court finds that all the present petitions involve a common controversy, wherein the petitioner-institutions are running college without NOC, due to which the respondent authorities imposed the penalty upon the institutions, and petitioner-students are pursuing their courses in the said educational institution, which was being run without the requisite NOC. 14. This Court further finds that the petitioner-institutions are being run without NOC for last many years and the respondents have pointed out various defects in running of the educational institutions, while giving various opportunities for removal of such defects pointed out by the respondents, but the petitioner-institutions did not comply with the same. Thereafter, the respondents have completely cancelled the NOC, while imposing the penalty against the petitioner-institutions. 15. This Court also finds that the petitioners-students took admission in the concerned institution, and that institution are functioning without the requisite NOC, for last many years, and therefore, the respondents are not opening the online portal for submission of the examination form, due to non-fulfillment of mandatory requirement by the concerned institutions, and that, the respondents also did not issue the requisite NOC on that count. 16. This Court also finds that running of the institutions without NOC is a clear violation of the norms laid down in the Rajasthan Non-Government Educational Institutions Act, 1989 and Rajasthan Non-Government Educational Institutions (Recognition, Grant-In-Aid and Service Conditions Etc.) Rules, 1993 and other respective laws. 16. This Court also finds that running of the institutions without NOC is a clear violation of the norms laid down in the Rajasthan Non-Government Educational Institutions Act, 1989 and Rajasthan Non-Government Educational Institutions (Recognition, Grant-In-Aid and Service Conditions Etc.) Rules, 1993 and other respective laws. This Court further finds that the defects pointed out by the respondents as per the provision laid down in the aforesaid statutes are justified in law, and therefore the petitioners-institutions are bound to remove such defects, so as to become entitled for issuance of the requisite NOC, but the same was not done by the petitioners-institutions. 17. This Court also finds that such failure on the part of the institutions is adversely affecting the future prospects of the students community at large. 18. This Court further finds the judgment cited at the Bar by the learned counsel for the petitioners does not render any assistance to the case of the petitioners. 19. In light of the aforesaid observations and looking in the given factual matrix, this Court does not find it a fit case so as to grant any relief to the petitioners in the present petitions. 20. Consequently, the present petitions are dismissed. However, it is made clear that if the defects pointed out by the respondents are again informed to the petitioners and they are able to cure the same, it shall be open for the respondents to pass fresh orders regarding grant of No-Objection Certificate prospectively only, strictly accordance with law. All pending applications stand disposed of.