Maa Sanja Devi ITC v. State Of Rajasthan, Through The Secretary, Technical Education
2024-12-09
VINIT KUMAR MATHUR
body2024
DigiLaw.ai
ORDER : Vinit Kumar Mathur, J. 1. Heard learned counsel for the parties. 2. The present batch of writ petitions arise out of an order/notice dated 04.09.2024 passed by the Director (Training), Directorate, Technical Education, Rajasthan, Jodhpur and involves common question of fact and law, therefore, the present batch of writ petitions is being disposed of by this common order. 3. Facts of S.B. Civil Writ Petition No.16408/2024 (Maa Sanja Devi ITC & Ors. V/s State of Rajasthan & Anr.) are being taken into consideration for deciding the controversy involved in these writ petitions. 4. The petitioner-Institutions are Private ITI Colleges established prior to 2018. These institutions are imparting technical education in different disciplines. While the technical institutions were imparting the technical education to the students admitted by them, the State Government has taken a decision that all the private technical institutions shall deposit a Bank Guarantee of Rs.50,000/- per unit in the prescribed proforma for a period of 05 years. This bank guarantee is required to be submitted before the Directorate, State Government within a period of one month. If any institution fails to deposit such Bank Guarantee, then appropriate action against that particular institution will be taken including the process of de-affiliation of that institution. Hence the present writ petitions have been filed. 5. Mr. M. A. Siddiqui, Mr. Bhawani Singh Ransi, Mr. KPS Bhati & Mr. Jayram Saran, learned counsel for the petitioners vehemently submitted before this Court that the petitioner-Institutions had been established prior to 2018 and, therefore, there is no question of asking for a Bank Guarantee of Rs.50,000/- per unit by the respondents. They submit that the institutions are running uninterruptedly for all these years and, therefore, they are credible and renowned in imparting technical education in the State of Rajasthan. 6. Learned counsel further submit that in the identical set of facts, a bunch of writ petitions led by S.B. Civil Writ Petition No.7378/2020 (Guru Kripa Pvt. ITI V/s State of Rajasthan & Anr.) was filed before Jaipur Bench of this Court and the same was disposed of by the learned Single Judge vide order dated 02.12.2020. As per the order dated 02.12.2020, the learned Single Judge held that colleges which are established prior to 2018 are not required to deposit the Bank Guarantee of Rs.50,000/-.
As per the order dated 02.12.2020, the learned Single Judge held that colleges which are established prior to 2018 are not required to deposit the Bank Guarantee of Rs.50,000/-. They submit that the order dated 02.12.2020 was challenged before the Hon’ble Division Bench of this Court at Jaipur Bench by way of filing an appeal being D.B. Special Appeal Writ No.147/2021 (The Deshraj Pvt. ITI & Ors. V/s State of Rajasthan & Ors.) and the Division Bench vide judgment dated 18.07.2023 affirmed the order dated 02.12.2020 by dismissing the appeal. 7. Learned counsel for the petitioners, therefore, submit that the State Government cannot insist upon the petitioners-Institutions to pay Bank Guarantee of Rs.50,000/- per unit as they have been established prior to 2018. Thus, they pray that the writ petitions may be allowed and the order/notice dated 04.09.2024 and other orders passed on the similar lines may be quashed and set-aside. 8. Per contra, Mr. I.R. Choudhary, learned Additional Advocate General submits that the order/notice dated 04.09.2024 and the orders passed on similar lines are perfectly justified as day-in and day-out, the private ITI colleges after establishment are closed for one reason or the other and the students who have taken admission in such colleges, are required to be adjusted in some other colleges at the cost of Public Exchequer by the State Government. He further submits that to ensure the completion of the technical education of the students admitted in the private institutions and to safeguard their interest, the order/notice dated 04.09.2024 has been passed by the State Government. 9. Learned counsel further submits that the amount asked for is also very reasonable and he submits that the finding recorded by the learned Single Judge in the case of Guru Kripa Pvt. ITI (supra) does not speak about creating any distinction among the institutions established prior to 2018 and the institutions established after 2018. 10. Learned counsel further submits that in case of Guru Kripa Pvt. ITI (supra), the exemption from deposition of Bank Guarantee was granted to the institutions only for the Session commencing from 2014 to 2017. No distinction can be created between the colleges established prior to 2018 and colleges established after 2018 as the parameters for charging Bank Guarantee of Rs.50,000/- per unit is equally applicable to both kinds of institutions.
No distinction can be created between the colleges established prior to 2018 and colleges established after 2018 as the parameters for charging Bank Guarantee of Rs.50,000/- per unit is equally applicable to both kinds of institutions. Learned counsel also submits that the direction issued by the State Government for deposition of Bank Guarantee of Rs.50,000/- per unit by the private ITI Colleges does not suffer from any infirmity and, therefore, no interference is warranted in the present writ petitions. 11. I have considered the submissions made at the Bar and gone through the relevant record of the cases including the orders impugned passed in all these writ petitions. 12. The undisputed facts disclosed in the present writ petition and other connected matters are that the petitioners are private ITI colleges established at different period of time prior to 2018. The institutions are running and rendering technical education to the students in the State of Rajasthan. The State Government has issued the directions to all those private institutions for deposition of Bank Guarantee of Rs.50,000/- per unit, keeping in mind the fact that if an institution is closed in mid session, the students admitted by that particular institution are required to be adjusted in some other institute including Government institute to safeguard the future of those students and in the process, the expenditure is incurred. In order to prevent such a situation, the order of deposition of Bank Guarantee of Rs.50,000/- per unit has been passed by the State Government. In the opinion of this Court, the intention of the State Government appears to be just, proper and pious. 13. The argument of the learned counsel for the petitioners that the order passed in the case of Guru Kripa Pvt. ITI (supra) is only to the extent that the private institutions which are established after 2018, are required to deposit Bank Guarantee of Rs.50,000/- per unit and not the institutions which are established prior to 2018. A bare perusal of the order rendered by the co-ordinate Bench in the case of Guru Kripa Pvt. ITI (supra) clearly goes to show that the argument of the learned counsel for the petitioners is untenable and incorrect.
A bare perusal of the order rendered by the co-ordinate Bench in the case of Guru Kripa Pvt. ITI (supra) clearly goes to show that the argument of the learned counsel for the petitioners is untenable and incorrect. The co-ordinate Bench has held as under :- “This Court does not not find any substance in the submission of learned counsel for the petitioners that the institutes/private colleges, who were to be established after 2018, were alone required to give bank guarantee. This Court finds that all colleges either they were already running or if new colleges were to be set up, the requirement of bank guarantee, was to be complied with by all such institutes .” The above finding clearly goes to show that the distinction which the learned counsel for the petitioners is trying to make has already been rejected by the co-ordinate Bench. 14. The said order dated 02.12.2020 has been affirmed by the Hon’ble Division Bench of this Court at Jaipur Bench vide judgment dated 18.07.2023 in the case of the Deshraj Pvt. ITI & Ors. (supra). 15. This Court is firmly of the view that the order/notice dated 04.09.2024 asking for deposition of the Bank Guarantee of Rs.50,000/- per unit is perfectly justified to secure the future of the students who are undertaking technical education in these private institutions. 16. This Court is of the opinion that imposition of such condition with a pious object will only enhance the confidence of the students as well as the institutions, who are genuinely involved in imparting technical education. Such condition shall also operate as a deterrent to the bogus entrepreneurs and will only encourage the genuine entrepreneurs to establish the private ITI institutions in the State of Rajasthan. 17. In the order passed by the co-ordinate Bench of this Court at Jaipur Bench, there is no stipulation that the condition of deposition of Bank Guarantee of Rs.50,000/- per unit is applicable only on those institutions who have been established after 2018 and, therefore, even the institutions which are established prior to 2018 are under an obligation to deposit Bank Guarantee of Rs.50,000/- per unit as ordered by the respondents vide order/notice dated 04.09.2024 and other orders issued from time to time. 18. In view of the discussions made above, no interference is warranted in these writ petitions and the same are devoid of any force.
18. In view of the discussions made above, no interference is warranted in these writ petitions and the same are devoid of any force. Hence, the present writ petitions are dismissed. 19. The stay petitions as well as other pending misc. applications, if any, stand disposed of accordingly. 20. A copy of this order be separately placed in each petition.