Mere Formation of Committee Can't Take Away Rights of A Private College Eligible For Enhancement of Intake Capacity: Rajasthan High Court

The court opined that the decision of forming a five member committee of the Ministers of the State Government, in order to take policy decisions in relation to establishment of and setting standard for private colleges, is absolutely misplaced.

The court observed that the state's action of not permitting the enhancement of the intake capacity of the petitioner institution is arbitrary and illegal.

In the present matter, petitioner-institution submitted an application for grant of NOC and also for seeking approval for increasing the capacity of students from 60 to 120 in its Agriculture college. However, on 04.08.2021, the competent committee formed by the State Government, in its decision granted NOC for academic session 2021-22, while completely withholding the sanction of enhancement of seats from 60 to 120. Being aggrieved, the petitioner has challenged the said decision.

While allowing the writ petition, Justice Dinesh Mehta, observed, "A committee has been constituted and such a committee as of today has not given any recommendation or framed any policy or guidelines. That apart, if any policy is framed by the State Government, the same will apply prospectively. In absence of any guideline, rights of the petitioner-institution, which have accrued, cannot be stalled by the State Government, more particularly in the face of the recommendation".

The court opined that once the State Government has constituted a committee and such committee has made favourable recommendations, there was no reason for the State Government to deny or withhold grant of permission or NOC for increasing the capacity from 60 to 120.

The court also observed that the state was required to assign valid reasons, if it was of the view that the petitioner-institution is not entitled for enhancement of the intake capacity.

The court finds that neither in the impugned order, nor in the reply, any reason worth the name has been given, owing to which, the request of the petitioner-institution for enhancement of the intake capacity has been turned down. The impugned order is silent in relation to petitioner's request for enhancing the student capacity from 60 to 120 students, added the court.

Adv. K.R. Saharan, counsel for the petitioner, highlighted that the committee's recommendation had categorically pointed out that the petitioner-institution has been functioning in accordance with law/norms and hence, its NOC be extended. He further submitted the recommendation recorded that the petitioner-institution is having requisite infrastructure for enhanced intake capacity from 60 to 120 seats and, therefore, seat allocation of petitioner-institution be enhanced to 120 seats.

In response, on behalf of the state, AAG K.S. Rajpurohit submitted that the recommendation made by the committee is not binding upon the State Government and the State Government has a power to refuse enhancement of seats.

He further invited Court's attention towards the communication dated 12.07.2021 and argued that the State Government has constituted a five member committee and thus, the enhancement of the intake capacity was kept in abeyance.