NOC for running BA Course cancelled twice without giving reasons: Rajasthan High Court imposes costs on state govt

The Rajasthan High Court last week imposed costs on the State Government for withdrawing the temporary/permanent No Objection Certificate (“NOC”) issued to colleges in the State for running B.A. Course in Arts faculty, without giving any reasons for their decision.

Earlier in February, when the state authority had passed the first order for withdrawing the NOC, without giving any reasons, the High Court had directed it to pass a reasoned order.

In May this year, while withdrawing the NOC issued in favour of the colleges from the Sessions 2022-23 again, two more orders were issued by the Commissioner, Commissionerate College Education, Rajasthan, whereby, the students of the petitioners-colleges were sought to be transferred to other colleges.

The High Court noted that, in the first round of litigation, it had clearly directed the State authorities to withdraw the order issued in February and pass a fresh reasoned order after affording the petitioners an opportunity of hearing.

Since the same was not complied with, the aggrieved colleges had re-approached the High Court.

While noting such flagrant disrespect to the Court's orders, a single judge bench of Justice Mahendra Kumar Goyal said,

"It is trite law that before affecting civil rights of a person adversely, the State is required to adhere to the principles of natural justice. In the present case, there has been wholesale violation of the cardinal principles of natural justice while withdrawing the NOC granted in favour of the petitioners....".

Justice Goyal further said that generally, while setting aside the order passed by the State/Public Authority in violation of principles of natural justice, the matter is remanded back for decision afresh; however, keeping in view the singular facts of the case, he did not deem it just and proper to grant the respondents yet another opportunity to pass a fresh order.

Accordingly, the high court ordered costs of Rs.15,000 payable by the Secretary, Higher Education And Technical Education Department to each of the petitioner colleges.

The impugned orders of the Department withdrawing the NOC on two accounts without giving any explanations for the same, have also been set aside.

Three colleges, that had approached the High Court were represented by Senior Advocates RN Mathur and RB Mathur along with Advocates Shovit Jhajharia, Hemant Singh Yadav, Dheeraj Palia, Salim Khan Gori and Amit Malani.

Case Title: Maharaja Hameer College vs. State of Rajasthan