HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT

JAIPUR
D.B. Civil Writ Petition No. 1329 / 2016
All Raj Coaching Institutes Association having its registered office
at A-10, Indrapuri Colony, behind Apex Mall, Lalkothi, Tonk Road,
Jaipur through its authorized signatory, Shri Navneet Singh
Rajpurohit son of Shri P.D. Purohit R/o B-201 Manglam Achrol
Apartment Kalwad Road Jaipur.
----Petitioner
Versus
1. State of Rajasthan through its Principal Secretary Addl. Chief
Secretary, Urban Development and Housing Department,
Rajasthan Jaipur.
2. Jaipur Development Authority through its secretary, India
Circle, JLN Marg, Jaipur.
3. Enforcement Officer Zone 3, Jaipur Development Authority,
Jaipur, Indira Circile, JLN Marg, Jaipur
----Respondents
_____________________________________________________
For Petitioner(s) : Mr. Madhusudhan Rajpurohit, Adv.
For Respondent(s) : Mr. M. Shiromani Sharma, Adv. for
Mr. Rajendra Prasad, AAG.
_____________________________________________________
HON'BLE MR. JUSTICE AJAY RASTOGI
HON'BLE MR. JUSTICE DEEPAK MAHESHWARI
Order
01/12/2017

The association of All Rajasthan Coaching Institutions has

been formed which is registered under the provisions of the

Rajasthan Non-Trading Companies Act, 1960 has approached this

Court assailing certain conditions which has been incorporated by

the Urban development and Housing Department vide its circular

dt.28.05.2015 to be universally followed by the coaching

institutions. It is not the case of the petitioner that any action has

been taken by the development authority against individual

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[CW-1329/2016]

coaching institution pursuant to the circular dt.28.05.2015 and it

appears that the association wants to project the unreasonability

of the certain conditions of the circular which may not be possible

for an individual institute to comply with & further wants to project

that certain conditions of the circular has no nexus with the object

sought to be achieved and needs interference of this Court.

Although few notices have been placed on record in compliance

thereof but what action has been taken by the development

authority pursuant thereto is neither being projected nor available

on record.

We are of the view that any action if taken against the

coaching institute by the Authority for violation or non- compliance

of the circular dt.28.05.2015, the institution certainly at liberty to

avail remedy permitted under the law but we find no justification

for the association to question in generalizing & assailing the

validity of circular dt.28.05.2015.

We made it clear that we are not examining the validity

of the circular dt.28.05.2015 on merits & leave it open to

examine in the appropriate proceedings initiated by individual

institute, if so aggrieved.

The writ petition is dismissed with the observations (supra).

(DEEPAK MAHESHWARI),J. (AJAY RASTOGI),J.

R.Vaishnav

8.