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Judgment
These writ petitions have been filed by the petitioners seeking directions to the respondent-State of Rajasthan to issue 'No Objection Certificate' ('NOC') in favour of the petitioners-Institutions for conducting Two Years Animal Husbandry Diploma Programme for Academic Session 2018-19 as also for subsequent academic sessions. The petitioners have also questioned policy decision of the State not to issue any NOC for establishment of Veterinary Training Schools/Veterinary Colleges in the State of Rajasthan. That apart, the notification dated 7.6.18 issued by the Rajasthan University of Veterinary and Animal Sciences, Bikaner, implementing "Minimum norms for affiliation with Rajasthan University of Veterinary and Animal Sciences, Bikaner for two years Animal Husbandry Diploma Programme" to the extent it makes NOC of the State Government necessary for grant of affiliation to new institutes for conducting two years Animal Husbandry Diploma Programme, is also challenged.
In the petitions filed, the petitioners have not even set out essential facts as to when the applications were submitted by them for grant of NOC to the State Government or the applications seeking affiliation to the respondent-University. The copies of the applications alleged to have been submitted obviously in the prescribed proforma are not even placed on record.
In the writ petition filed by the petitioner-Murali Singh Yadav Memorial Prashikshan Sansthan (S.B. Civil Writ Petition No.7604/19), it is averred that after submitting the application to the respondent-University for grant of affiliation, the petitioner institution submitted an application to the Director, Agriculture and Animal Husbandry for grant of NOC to conduct Two Years Animal Husbandry Diploma Programme for intake capacity of 100 seats for Academic Session 2018-19. Neither the application filed seeking affiliation from the respondent-University nor the application seeking NOC from the State Government is placed on record. However, by way of an additional affidavit, an application form alleged to have been submitted by the petitioner for grant of NOC is placed on record but, it does not bear the date of submission of the application. No details regarding the application filed are set out in the additional affidavit either.
Similarly, all other writ petitions preferred also lack the necessary details regarding the applications preferred on behalf of the petitioners for grant of affiliation or NOC. It has not been clarified in the writ petitions that if the applications are filed by the petitioners seeking affiliation long back in the year 2009, why the applications were not pursued for all these years. To say the least, the writ petitions filed are absolutely vague and laconic.
At the outset, learned Additional Advocate General appearing for the State of Rajasthan raised an objection that the petitioners herein, had preferred writ petitions before the Jaipur Bench of this Court against the respondents, claiming identical relief for affiliation and NOC for academic session 2018-19, which were permitted to be withdrawn by the Court with liberty to the petitioners herein to apply afresh to the State for consideration of their case for the academic session 2019-20 and thus, the fresh writ petitions filed by the petitioners claiming the identical relief for academic session 2018-19, as claimed in the petition filed before the Jaipur Bench of this Court, are not maintainable and deserve to be dismissed on this count alone. Learned AAG submitted that the petitioners have deliberately concealed the factum of filing of earlier writ petitions before the Jaipur Bench of this Court, which were later withdrawn as aforesaid and thus, their conduct dis-entitle them from invoking extraordinary jurisdiction of this Court under Article 226 of the Constitution of India. As a matter of fact, the act of the petitioners in filing the fresh petitions before this Court while concealing the factum of withdrawal of the writ petitions earlier filed, is gross misuse of process of the Court and therefore, the writ petitions deserve to be dismissed with exemplary costs. Learned AAG has produced the copy of the order dated 11.4.19 passed by a coordinate Bench of this Court at Jaipur, whereby a batch of writ petitions including the writ petitions filed by the petitioners herein, were dismissed as withdrawn with liberty, as prayed for. The order reads as under :
"Learned counsel for the petitioner(s) submits that for the present academic session with reference to the course involved herein, has ended on 30th March, 2019. Hence, the writ application(s) with liberty reserved to the petitioner(s) to apply afresh to the State-respondents for consideration of the case of the petitioner-institution(s), for the academic session 2019-20.
In view of the statement made; the writ proceedings stand closed with liberty as prayed for.
A copy of this order be placed in each of the file."
The factum of the petitioners filing the writ petitions before Jaipur Bench of this Court seeking identical relief and the same being dismissed by the aforesaid order dated 8.4.19 as withdrawn with liberty to the petitioners to apply afresh to the respondent-State for consideration of the petitioners' case for grant of NOC for academic session 2019-20, is not disputed by the learned counsel before this Court.
On being asked by the Court as to why the factum of withdrawal of earlier writ petitions is not disclosed by the petitioners in these petitions and how the fresh petitions filed for identical relief are maintainable, the learned counsel had no answer. Rather, the learned counsel made the prayer for withdrawal of the writ petitions, which was declined by this Court.
Apparently, the petitioners have not only concealed the material fact regarding earlier writ petitions filed claiming identical relief being withdrawn with liberty to apply afresh to the respondent for consideration of their case for grant of sanction to conduct the course for academic session 2019-20 and thus, misled this Court and obtained interim order in their favour, rather they have indulged in sheer falsehood inasmuch as while filing the writ petitions at the foot note they have made a declaration in terms that "No such writ petition has been filed previously before this Hon'ble Court on the subject matter prior to this". Moreover, it is a case wherein the petitioners have indulged in forum shopping inasmuch as having failed to obtain the relief from Jaipur Bench of this Court and withdrawn the petitions filed, they have dared to file petitions afresh seeking identical relief in respect whereof the writ petitions earlier filed were withdrawn as aforesaid and accordingly, while closing the writ proceedings, the liberty was extended to the petitioners only to apply afresh to the respondents for consideration of their case for academic session 2019-20. Thus, the conduct of the petitioners in abusing the process of the Court and attempt to deceive the court as aforesaid, deserves to be highly deprecated and the writ petitions filed deserve to be dismissed with exemplary costs.
Accordingly, the writ petitions are dismissed with costs Rs.1,00,000/- each, to be deposited by the each of the petitioners with the Rajasthan Legal Services Authority within a period of two weeks.