Research › Search › Judgment

Rajasthan High Court · body

2025 DIGILAW 1567 (RAJ)

Mata Kitab Kaur Memorial Welfare Society v. State of Rajasthan

2025-09-10

KULDEEP MATHUR

body2025
ORDER : KULDEEP MATHUR, J. 1. Though the matters have come up on applications No.2/2022 and 1/2025 filed by the petitioner in S.B. CWP No.8432/2021, but since the present batch of petitions involves identical dispute, the same is being decided by the present common order. 2. Briefly stated the facts of the case are that the petitioner- institution was issued recognition order by the National Council for Teacher Education (NCTE) dated 06.02.2021 for conducting B.A. B.Ed./B.Sc. B.Ed Course with an annual intake of two units of 50 students each from the Academic Session 2021-22. The petitioner- institution despite being issued a permission for conducting aforementioned courses by the NCTE, was denied NOC by the State Government on the ground that the land on which the petitioner- institution is established is not converted by the competent authority for the purpose of establishing an educational institution. The petitioner- institution being aggrieved with the action of the State Government in denying an NOC to it filed S.B. CWP No.8432/2021 seeking a direction upon the State Government to issue NOC. 3. The co-ordinate Bench of this Court on 29.09.2021 after hearing learned counsel for the parties, was pleased to pass an interim order in favour of the petitioner- institution whereby the respondents were directed to include the name of the petitioner- institution in the list of affiliated colleges for the purpose of granting admission to the students in the four year B.A. B.Ed./B.Sc. B.Ed. integrated courses, however, a condition was also imposed upon the petitioner- institution to obtain land conversion order within a period of six months, failing which the petitioner- institution shall be required to deposit an amount of Rs.50,00,000/- with the respondent No.1. 4. It is the case of the petitioner- institution that despite sincere efforts being made, it could not get an order of land conversion within six months and, therefore, the petitioner- institution filed an application No.2/2022 before the co-ordinate Bench of this Court seeking extension of time for a further period of six months for obtaining the land conversion order. 5. The co-ordinate Bench of this Court on 05.04.2022 after hearing arguments on application No.2/2022 directed the petitioner- institution to procure the certified copies of the proceedings undertaken by the Revenue Department on the application filed by the petitioner- institution for conversion of the land. 6. 5. The co-ordinate Bench of this Court on 05.04.2022 after hearing arguments on application No.2/2022 directed the petitioner- institution to procure the certified copies of the proceedings undertaken by the Revenue Department on the application filed by the petitioner- institution for conversion of the land. 6. The petitioner- institution thereafter, filed another writ petition being S.B. CWP No.999/2022 stating therein that though the petitioner- institution has fulfilled all the formalities, the respondents are not issuing the NOC to the petitioner- institution only because the land belonging to the petitioner- institution has yet not been converted. The co-ordinate Bench of this Court, after hearing learned counsel for the petitioner on 19.01.2022, was pleased to direct respondent- State to issue provisional NOC to the petitioner- institution. The respondents were further directed to permit the petitioner- institution to admit the students in B.A. B.Ed./B.Sc. B.Ed courses upon such issuance. From the record of the case, it appears that the students who were admitted pursuant to the interim order passed by the co-ordinate Bench of Court for the Academic Year 2022-23 had completed their courses and they have accordingly been issued the requisite degree by the University. 7. The petitioner- institution filed another writ petition being S.B. CWP No.11893/2022 before this Court seeking inclusion of its name in the list for allotment of the students for Academic Session 2022-23 for B.A. B.Ed./B.Sc. B.Ed courses run by it. This Court on 08.08.2024, after finally hearing the S.B. CWP No.11893/2022 and keeping in view the fact that neither the petitioner- institution has obtained the land conversion order nor it has deposited Rs.50,00,000/- as undertaken by it with respondent No.1, dismissed the writ petition. 8. The order dated 08.08.2024 passed by this Court came to be challenged by the petitioner- institution before the Hon’ble Division Bench by way of filing Special Appeal Writ No.1095/2025. The hon’ble Division Bench after hearing the arguments of learned counsel, permitted the petitioner – institution to withdraw the Special Appeal with liberty to file Review petition before the learned Single Bench. 9. It is pertinent to note here that the State of Rajasthan has also filed a Contempt Petition being S.B. Writ Contempt Petition (Civil) No.802/2023 before this Court being aggrieved by the default on part of the petitioner in depositing Rs.50,00,000/-. 10. 9. It is pertinent to note here that the State of Rajasthan has also filed a Contempt Petition being S.B. Writ Contempt Petition (Civil) No.802/2023 before this Court being aggrieved by the default on part of the petitioner in depositing Rs.50,00,000/-. 10. Learned counsel for the petitioner while arguing Application Nos.2/2022 (seeking extension of time granted to the petitioner for obtaining land conversion order) and 1/2025 (seeking waiver of the condition of depositing Rs.50,00,000/-) vehemently and fervently submitted that this Court on 05.04.2022 had directed the petitioner- institution to produce the certified copies of the proceedings undertaken by the Revenue Department on the application filed by the petitioner for conversion of the land. They submitted that the documents filed by the petitioner- institution with the case file clearly indicate that despite bona fide and sincere efforts made by the petitioner- institution before the Revenue Authorities, it was not possible for the petitioner to get the land converted for educational purposes for reasons beyond its control. He submitted that at the time when the petitioner- institution applied for conversion of land, the powers to convert the land were falling within the jurisdiction of Revenue Department, however, during the pendency of the land conversion proceedings, due to coming in force of the Master Plan for Hanumangarh City, the land came under the jurisdiction of Municipal Council, Hanumangarh. In other words, the powers of conversion for the land falling in peripheral area of Hanumangarh City came to be transferred to Municipal Council, Hanumangarh. Learned counsel submitted that the petitioner- institution sincerely and dilingently pursued the matter with Municipal Council, Hanumangarh but due to administrative and procedural delays, which were beyond the control of the petitioner- institution, the petitioner- institution was unable to get the land converted for educational purposes within the stipulated time in accordance with the order dated 29.09.2021. 11. Learned counsel submitted that on 15.03.2024, the Municipal Council, Hanumangarh has finally issued land conversion order in favour of the petitioner- institution and accordingly a patta came to be issued in its favour. Learned counsel submitted that now since the land conversion order/patta for establishment of educational institution has already been issued in favour of the petitioner, there is no reason available with the respondent- State Government to deny NOC for establishment of B.A. B.Ed./B.Sc. B.Ed College in favour of the petitioner- institution. 12. Learned counsel submitted that now since the land conversion order/patta for establishment of educational institution has already been issued in favour of the petitioner, there is no reason available with the respondent- State Government to deny NOC for establishment of B.A. B.Ed./B.Sc. B.Ed College in favour of the petitioner- institution. 12. Learned counsel submitted that the petitioner is a bona fide litigant and the record of the case clearly indicates that it has not flaunted the interim order dated 29.09.2021 passed by co- ordinate Bench of this Court deliberately, therefore, the applications No.2/2022 and 1/2025 deserve to be accepted and further prayed that a direction be issued to the State Government to issue NOC in favour of the petitioner- institution forthwith. 13. Per contra, learned counsel for the respondents- State submitted that the interim order dated 29.09.2021 was obtained by the petitioner- institution by making a false statement that it will procure land conversion order within six months. Learned counsel submitted that had the petitioner not made such statements, he would not have been able to secure the interim order granted the co-ordinate Bench of this Court. He submitted that action of the petitioner of making false statement before co- ordinate Bench of this Court and non-deposition of Rs.50,00,000/- with the State Government is not pardonable, and therefore, the State Government has already preferred a contempt petition against the present petitioner for willfully violating the undertaking given by it before this Court for securing the interim order. He thus prayed that the Applications No.2/2022 and 1/2025 so also the Writ Petitions filed by the petitioner- institution be dismissed. 14. However, on being questioned by this Court, learned counsel for the State Government was not in a position to refute the fact that the land conversion order has now been passed by the Municipal Council, Hanumangarh and patta has been issued in favour of the petitioner- institution, by the competent authority and, therefore, now the petitioner- institution does not suffer from any inellegibility/impediment for issuance of NOC by the State Government. 15. Heard learned counsel for the parties at Bar. Perused the material available on record. 16. It is not in dispute before this Court that the petitioner- institution was issued recognition order by the NCTE for establishment of B.A. B.Ed./B.Sc. B.Ed institution on 06.02.2021 as per the procedure provided under NCTE (Recognition Norms and Procedure) Regulations, 2014. 15. Heard learned counsel for the parties at Bar. Perused the material available on record. 16. It is not in dispute before this Court that the petitioner- institution was issued recognition order by the NCTE for establishment of B.A. B.Ed./B.Sc. B.Ed institution on 06.02.2021 as per the procedure provided under NCTE (Recognition Norms and Procedure) Regulations, 2014. The State Government after issuance of recognition order by NCTE in favour of the petitioner- institution denied it permission to establish College with sanctioned courses for want of land conversion order. The fact with regards to application filed by the petitioner for land conversion before Revenue Authorities as per the rules at the time of filing S.B. CWP No.8432/2021 was not disputed by any of the respondents. The co-ordinate Bench of this Court in the aforesaid circumstances granted permission to the petitioner- institution to admit students in four years B.A. B.Ed./B.Sc. B.Ed integrated courses with a rider that petitioner- institution shall obtain and furnish a land conversion order within six months and failing which he shall deposit an amount of Rs.50,00,000/-. 17. This Court upon perusal of the case file finds that the petitioner was pursuing the matter of land conversion with concerned authorities regularly and was not negligent in doing so. However, it appears that due to change in administrative setup for grant of land conversion permission, the matter got delayed and it was not possible for the petitioner- institution to obtain land conversion order within the stipulated time. In the opinion of this Court, where compliance with the interim order dated 29.09.2021 could not be effected by the petitioner despite regular, diligent, and sincere efforts, owing to circumstances beyond its control, the delay cannot be attributed to it alone. To direct the petitioner- institution to deposit a sum of Rs.50,00,000/- with the State Government for the alleged non-compliance of the order dated 29.09.2021 would be unduly harsh, especially when it remains undisputed that the students admitted pursuant to the said interim order have already completed their B.A. B.Ed./ Bs.C. B.Ed. courses and that an order of land conversion has moreover been issued in favour of the petitioner-institution by the competent revenue authorities. 18. courses and that an order of land conversion has moreover been issued in favour of the petitioner-institution by the competent revenue authorities. 18. Consequently, the writ petitions No.8432/2021, 2644/2023, 5941/2025, 13542/2025 and 999/2022 stand disposed of with a direction to the petitioner- institution to deposit an amount of Rs.10,00,000/- instead of Rs.50,00,000/- with the respondent No.1- State Government through the Director College Education, Jaipur within a period of 30 days from today. Upon receipt of Rs.10,00,000/-, the respondent No.1 shall issue an NOC in favour of the petitioner- institution forthwith. The petitioner- institution after issuance of NOC in its favour shall be entitled to admit students in B.A. B.Ed./B.Sc. B.Ed courses qua Academic Session 2025-26 in accordance with law. 19. The S.B. Writ Contempt No.802/2023 filed on behalf of the State of Rajasthan stands rejected. 20. A copy of this order be placed in each file.