Dausa v. State Of Rajasthan, Through Principal Secretary, Department Of

Shri Yadram Tulsiram Maderna Shiksha Samiti, Village Mahua, Sinpini, Mahua, Tehsil And District Bharatpur Through Its Secretary Ranveer Singh Son Sh. Tulsiram Maderna, Aged 38 Years, Resident Of Village Rahimpur, Tehsil Roopbas, District Bharatpur. Versus ----Petitioner

1. The State Of Rajasthan, Through Principal Secretary, Animal Husbandry Department, Secretariat, Jaipur.

2. The State Of Rajasthan, Through Principal Secretary, Department Of College Education, Secretariat, Jaipur. ----Respondents S.B. Civil Writ Petition No. 14797/2024 Gulpadiya Livestock Assistant Training College, Rashidpur Run By The Sanshkriti Shiksha Avm Vikash Samiti Karoli Through Its Secretary Radheshyam Sharma S/o Sh. Bhagwati Prasad Sharma Aged About 55 Years, R/o Rashidpur, Teh. Mahwa, Distt. Dausa. Versus ----Petitioner State Of Rajasthan, Through Principal Secretary, Department Of Animal Husbandry, Government Of Rajasthan, Secretariat, Jaipur. [2025:RJ-JP:30762] (2 of 5) [CW-14772/2024] ----Respondent For Petitioner(s) : Mr.Indresh Sharma & Mr.Vinay Mathur For Respondent(s) : Ms.Mahi Yadav, AAG with Mr.Aditya Godara JUSTICE ANOOP KUMAR DHAND Order 08/08/2025

1. Since, common question of law and facts are involved in these writ petitions, hence, with the consent of counsel for the parties, arguments have been heard together and all these writ petitions are heard together and decided by this common order.

2. For convenience, the facts and prayer pleaded in S.B. Civil Writ Petition No.14772/2024 are taken into consideration.

3. The instant writ petition has been preferred with the following prayer:- “It is, therefore, most respectfully prayed that this Hon’ble Court may kindly be please to acceptt and allow the writ petition:- By an appropriate writ order or direction, A) respondents be directed to consider the application offline or allow it for final submission of the online application to set up two years diploma course in animal husbandary in the advertisement dated pursuance of 12.06.2024. By an appropriate writ order or direction, B) respondent may be directed to grant NOC if the petitioner college fulfill all the criteria as per the policy to set up two year diploma course in animal husbandary in pursuance of the advertisement dated 12.06.2024. Any other appropriate writ, order or C) direction to which the Petitioners may be entitled [2025:RJ-JP:30762] (3 of 5) [CW-14772/2024] to in the facts and circumstances of the case may kindly be passed.”

4. Learned counsel for the petitioners submits that the petitioners are desirous in seeking No Objection Certificate to set up two years Diploma Course in Animal Husbandry pursuant to the advertisement dated 12.06.2024. Counsel submits that the last date for submission of the online application form was 23.07.2024 till 5:00PM in the evening. Counsel submits that several attempts were made to submit the online application, but on account of failure of the server, their applications were not submitted, though the requisite amount, i.e., Rs.5,00,000/- were transmitted in the account of the respondent. Counsel submits that if the online application submitted by the petitioners could not be uploaded on account of failure of the server, the petitioners cannot be blamed for that, hence, under these circumstances, a direction be issued to the respondents consider their offline application and consider for the purpose of granting of NOC to run two years Diploma Course in Animal Husbandry pursuant to the aforesaid advertisement.

5. Per contra, learned counsel for the respondents opposes the arguments raised by counsel for the petitioners and submits that the documents annexed with the writ petition indicate that the requisite payment was deposited by the petitioners well within time on the last date, i.e., 23.07.2024 prior to 5:00PM meaning thereby server was working and if the petitioners have failed to submit the online application on or before the last date and time fixed for the said purpose, the petitioners cannot be granted any liberty to submit the offline application as there is no such [2025:RJ-JP:30762] (4 of 5) [CW-14772/2024] procedure for accepting the offline applications, hence, under these circumstances, interference of this Court is not warranted.

6. Heard and considered the submissions made at the Bar and perused the material available on record.

7. Perusal of the record indicates that the respondents issued an advertisement on 12.06.2024 inviting applications from the desiring private institutions for submitting application forms for running two year Diploma Course for Animal Husbandry. For the said purpose, the last date and time was fixed as 23.07.2024 at 5:00PM, the documents annexed with these writ petitions indicate that the petitioners were desirous of submitting their online application form with the requisite fee of Rs.5,00,000/-, the documents indicate that the requisite fee was deposited prior to the cut off time and date. It is the case of the petitioners that because of the failure or non-working of the server properly, their applications could not be submitted and even screenshots in this regard have been placed on record, if the server of the system was not working properly and because of non-performance of the server, if the petitioners failed to submit the online application, the petitioners cannot be blamed for that.

8. In some of the writ petitions, the petitioners have approached the respondents by way of filing applications/ representations for considering their offline application, but the applications/ representations of the petitioners have not been considered.

9. Looking to the overall facts and circumstances of the case, when the requisite fee has been deposited by the petitioners well- within time, which indicates their intention to submit the online [2025:RJ-JP:30762] (5 of 5) [CW-14772/2024] application and if the same could not be submitted because of the system failure or non-working of server, the petitioners cannot be blamed for that.

10. In S.B. Civil Writ Petition No.14704/2024, the applications could not be submitted because of the non-functioning of the server, hence, the petitioners could not deposit the requisite fee.

11. Considering the above facts and circumstances of the case, these writ petitions stand disposed of granting liberty to the petitioners to submit detailed representation with the aforesaid facts mentioned therein. In case, such representation is submitted by the petitioners within a period of one week from today, it is expected from the respondents to decide the same sympathetically, expeditiously as early as possible within a period of three weeks thereafter.

12. Accordingly, the instant writ petition stands disposed of. Stay application(s) and other pending application(s), if any, also stand disposed of. Aayush Sharma /44-46 (ANOOP KUMAR DHAND),J