RRB PRIVATE ITI v. STATE OF RAJASTHAN

Court: High Court of Rajasthan

Bench: VINIT KUMAR MATHUR

Judgment date: 2024-12-09

Case summary

High Court of Rajasthan judgment dated 2024-12-09. RRB PRIVATE ITI v. STATE OF RAJASTHAN. Read the judgment and case details on LawSphereX.

Judgment text

[2024:RJ-JD:50229] (1 of 11) [CW-16408/2024] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S. B. Civil Writ Petition No. 16408/2024 1. Maa Sanja Devi ITC, Bharatpur Road, Bayana, District Bharatpur, run and managed by Maa Sanja Devi Seva Sansthan, Vidyari, Tehsil Bayana, District Bharatpur, Through President Kedar Nath Sharma S/o Shri Ghiddaram Sharma Aed About 56 Years, R/ko Bidyari, Tehsil Bayana, District Bharatpur. 2. Maa Kameshwari ITC, Near Police Thana, Bhusawar, Weir, District Bharatpur, Run And Managed By Maa Kameshwari Technical Education And Educational Society, Tehsil Weir, District Bharatpur, Through Secretary Somprakash S/o Shri Chetram Sharma Aged About 56 Years, R/o Chaitoli, Bhusawar, District Bharatpur, Raj. 3. Cambridge Private ITI, Bhilwara Near Mahaprage College Negdiya Road Asind Rajasthan, Run And Managed By Shri Vidhyabharti Sansthan, Asind, District Bhilwara, Through Dinesh Sahu S/o Shri Shrawan Lal Sahu Aged About 32 Years, R/o Opp.

Gokul Dairy, Bsnl Road, Asind, District- Bhilwara. ----Petitioners Versus 1. State Of Rajasthan, Through The Secretary, Technical Education, Government Of Rajasthan, Jaipur. 2. The Director (Training), Directorate Technical Education Rajasthan, Jodhpur. ----Respondents Connected With 1. S. B. Civil Writ Petition No. 16453/2023 2. S. B. Civil Writ Petition No. 6414/2024 3. S. B. Civil Writ Petition No. 15450/2024 4. S. B. Civil Writ Petition No. 15518/2024 5. S. B. Civil Writ Petition No. 15662/2024 6. S. B. Civil Writ Petition No. 15675/2024 7. S. B. Civil Writ Petition No. 15684/2024 8. S. B. Civil Writ Petition No. 15695/2024 9. S. B. Civil Writ Petition No. 15773/2024 10. S. B. Civil Writ Petition No. 15785/2024 11. S. B. Civil Writ Petition No. 15835/2024 12. S. B. Civil Writ Petition No. 15874/2024 13. S. B. Civil Writ Petition No. 16079/2024 [2024:RJ-JD:50229] (2 of 11) [CW-16408/2024] 14. S. B. Civil Writ Petition No. 16082/2024 15. S. B. Civil Writ Petition No. 16086/2024 16.

S. B. Civil Writ Petition No. 16170/2024 17. S. B. Civil Writ Petition No. 16173/2024 18. S. B. Civil Writ Petition No. 16222/2024 19. S. B. Civil Writ Petition No. 16233/2024 20. S. B. Civil Writ Petition No. 16295/2024 21. S. B. Civil Writ Petition No. 16308/2024 22. S. B. Civil Writ Petition No. 16311/2024 23. S. B. Civil Writ Petition No. 16314/2024 24. S. B. Civil Writ Petition No. 16324/2024 25. S. B. Civil Writ Petition No. 16383/2024 26. S. B. Civil Writ Petition No. 16399/2024 27. S. B. Civil Writ Petition No. 16416/2024 28. S. B. Civil Writ Petition No. 16417/2024 29. S. B. Civil Writ Petition No. 16418/2024 30. S. B. Civil Writ Petition No. 16529/2024 31. S. B. Civil Writ Petition No. 16533/2024 32. S. B. Civil Writ Petition No. 16541/2024 33. S. B. Civil Writ Petition No. 16545/2024 34. S. B. Civil Writ Petition No. 16548/2024 35. S. B. Civil Writ Petition No. 16580/2024 36. S. B. Civil Writ Petition No. 16596/2024 37. S. B. Civil Writ Petition No. 16602/2024 38. S. B.

Civil Writ Petition No. 16603/2024 39. S. B. Civil Writ Petition No. 16620/2024 40. S. B. Civil Writ Petition No. 16625/2024 41. S. B. Civil Writ Petition No. 16627/2024 42. S. B. Civil Writ Petition No. 16628/2024 43. S. B. Civil Writ Petition No. 16633/2024 44. S. B. Civil Writ Petition No. 16637/2024 45. S. B. Civil Writ Petition No. 16639/2024 46. S. B. Civil Writ Petition No. 16641/2024 47. S. B. Civil Writ Petition No. 16644/2024 48. S. B. Civil Writ Petition No. 16647/2024 49. S. B. Civil Writ Petition No. 16664/2024 [2024:RJ-JD:50229] (3 of 11) [CW-16408/2024] 50. S. B. Civil Writ Petition No. 16674/2024 51. S. B. Civil Writ Petition No. 16716/2024 52. S. B. Civil Writ Petition No. 16720/2024 53. S. B. Civil Writ Petition No. 16724/2024 54. S. B. Civil Writ Petition No. 16726/2024 55. S. B. Civil Writ Petition No. 16735/2024 56. S. B. Civil Writ Petition No. 16736/2024 57. S. B. Civil Writ Petition No. 16737/2024 58. S. B. Civil Writ Petition No. 16738/2024 59. S. B.

Civil Writ Petition No. 16739/2024 60. S. B. Civil Writ Petition No. 16754/2024 61. S. B. Civil Writ Petition No. 16848/2024 62. S. B. Civil Writ Petition No. 16850/2024 63. S. B. Civil Writ Petition No. 16851/2024 64. S. B. Civil Writ Petition No. 16853/2024 65. S. B. Civil Writ Petition No. 17160/2024 66. S. B. Civil Writ Petition No. 17179/2024 67. S. B. Civil Writ Petition No. 17182/2024 68. S. B. Civil Writ Petition No. 17184/2024 69. S. B. Civil Writ Petition No. 17394/2024 70. S. B. Civil Writ Petition No. 17404/2024 71. S. B. Civil Writ Petition No. 17408/2024 72. S. B. Civil Writ Petition No. 17413/2024 73. S. B. Civil Writ Petition No. 17416/2024 74. S. B. Civil Writ Petition No. 17418/2024 75. S. B. Civil Writ Petition No. 17421/2024 76. S. B. Civil Writ Petition No. 17422/2024 77. S. B. Civil Writ Petition No. 17433/2024 78. S. B. Civil Writ Petition No. 17458/2024 79. S. B. Civil Writ Petition No. 17464/2024 80. S. B. Civil Writ Petition No. 17472/2024 81. S. B.

Civil Writ Petition No. 17475/2024 82. S. B. Civil Writ Petition No. 17489/2024 83. S. B. Civil Writ Petition No. 17498/2024 84. S. B. Civil Writ Petition No. 17505/2024 85. S. B. Civil Writ Petition No. 17510/2024 [2024:RJ-JD:50229] (4 of 11) [CW-16408/2024] 86. S. B. Civil Writ Petition No. 17618/2024 87. S. B. Civil Writ Petition No. 17656/2024 88. S. B. Civil Writ Petition No. 17663/2024 89. S. B. Civil Writ Petition No. 17675/2024 90. S. B. Civil Writ Petition No. 17688/2024 91. S. B. Civil Writ Petition No. 17693/2024 92. S. B. Civil Writ Petition No. 17705/2024 93. S. B. Civil Writ Petition No. 17706/2024 94. S. B. Civil Writ Petition No. 17707/2024 95. S. B. Civil Writ Petition No. 17708/2024 96. S. B. Civil Writ Petition No. 17709/2024 97. S. B. Civil Writ Petition No. 17733/2024 98. S. B. Civil Writ Petition No. 17735/2024 99. S. B. Civil Writ Petition No. 17736/2024 100. S. B. Civil Writ Petition No. 17739/2024 101. S. B. Civil Writ Petition No. 17741/2024 102. S. B.

Civil Writ Petition No. 17818/2024 103. S. B. Civil Writ Petition No. 17836/2024 104. S. B. Civil Writ Petition No. 17863/2024 105. S. B. Civil Writ Petition No. 17879/2024 106. S. B. Civil Writ Petition No. 17882/2024 107. S. B. Civil Writ Petition No. 17903/2024 108. S. B. Civil Writ Petition No. 17949/2024 109. S. B. Civil Writ Petition No. 17950/2024 110. S. B. Civil Writ Petition No. 17952/2024 111. S. B. Civil Writ Petition No. 17953/2024 112. S. B. Civil Writ Petition No. 17955/2024 113. S. B. Civil Writ Petition No. 17958/2024 114. S. B. Civil Writ Petition No. 17961/2024 115. S. B. Civil Writ Petition No. 17964/2024 116. S. B. Civil Writ Petition No. 17969/2024 117. S. B. Civil Writ Petition No. 17993/2024 118. S. B. Civil Writ Petition No. 18002/2024 119. S. B. Civil Writ Petition No. 18009/2024 120. S. B. Civil Writ Petition No. 18030/2024 121. S. B. Civil Writ Petition No. 18037/2024 [2024:RJ-JD:50229] (5 of 11) [CW-16408/2024] 122. S. B. Civil Writ Petition No.

18041/2024 123. S. B. Civil Writ Petition No. 18043/2024 124. S. B. Civil Writ Petition No. 18124/2024 125. S. B. Civil Writ Petition No. 18125/2024 126. S. B. Civil Writ Petition No. 18126/2024 127. S. B. Civil Writ Petition No. 18128/2024 128. S. B. Civil Writ Petition No. 18129/2024 129. S. B. Civil Writ Petition No. 18175/2024 130. S. B. Civil Writ Petition No. 18179/2024 131. S. B. Civil Writ Petition No. 18186/2024 132. S. B. Civil Writ Petition No. 18197/2024 133. S. B. Civil Writ Petition No. 18454/2024 134. S. B. Civil Writ Petition No. 18458/2024 135. S. B. Civil Writ Petition No. 18472/2024 136. S. B. Civil Writ Petition No. 18852/2024 137. S. B. Civil Writ Petition No. 18864/2024 138. S. B. Civil Writ Petition No. 19695/2024 For Petitioner(s) : Mr. Mansoor Ahmed Siddiqui, Mr. Bhawani Singh Ransi, Mr. KPS Bhati Mr. Jayram Saran For Respondent(s) : Mr. IR Choudhary, AAG with Mr. Vinay Baghmar & Mr. Pawan Bharti HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order 09/12/2024 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 [2024:RJ-JD:50229] (6 of 11) [CW-16408/2024] 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 [2024:RJ-JD:50229] (7 of 11) [CW-16408/2024] 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/-. 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 [2024:RJ-JD:50229] (8 of 11) [CW-16408/2024] 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. 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. [2024:RJ-JD:50229] (9 of 11) [CW-16408/2024] 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 [2024:RJ-JD:50229] (10 of 11) [CW-16408/2024] 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 [2024:RJ-JD:50229] (11 of 11) [CW-16408/2024] 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. 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. (VINIT KUMAR MATHUR),J 25-164 (except 158)SunilS/Anil Arora/-

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