[2025:RJ-JD:2892-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Spl. Appl. Writ No. 764/2023 Shree Devi Pvt. ITI, (Old Address) Plot No. 1(45), New Halland Tractor Showroom Ki Gali, New Colony, District Bundi (New Address) Jodhya Choraha, Tehsil Sikrai, District Dausa Through Society Shree Devi Shikshan Sansthan, Bundi, District Dausa, Through Secretary Pappuram Meena S/o Sh. Hazari Lal Meena, Aged 30 Years, R/o Jodhya Tehsil Sikrai, District Dausa (Raj.). ----Appellant Versus 1. State Of Rajasthan, Through Principal Secretary, Technical Education, State Of Rajasthan, Jaipur. 2. Director, Technical Education, Rajasthan W-6, Residency Road, Jodhpur - 342001. 3. The Director, Directorate Of Technical Education, W-6, Residency Road, Jodhpur (Rajasthan). 4. The Commissioner (See), Commissioner Of Skill, Employment And Entrepreneurship Department, Rajasthan Koushal Bhawan, Emi, Campus, J-Ba, Jhalana Industrial Area, Jaipur. 5. Director General (Affiliation), Prashishan Mahanideshalaya, Skill Development And Entrepreneurship Ministry, Room No. 15, 1St Floor, Cirtus Building, Iari Campus, Poosa New Delhi - 100012. ----Respondents For Appellant(s) : Ms. Khurshid Khan, through V.C. For Respondent(s) : Mr. Mukesh Rajpurohit, Dy.S.G. with Ms. Aditi Sharma & Ms. Dimple Rajpurohit Mr. Pawan Bharti and Ms. Aashi Chouhan for Mr. I. R. Choudhary, AAG HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT Order 16/01/2025 This Special Appeal is directed against the order dated 24th August 2023 passed in S.B. Civil Writ Petition No.15332 of 2022 by which the following prayers made by the Institute had been declined by the writ Court: [2025:RJ-JD:2892-DB] (2 of 3) [SAW-764/2023] “(i) The impugned letter dated 15.02.2022 (Annex-15) issued by the respondent DGT may kindly be quashed and set aside and restore the letter dated 20.09.2021 (Annex- 14) and issue a direction to the department to conduct the inspection and proceed further. (ii) The Agenda item no. 7.08 of minutes of the 7th meeting of recommendation committee of DGT held on 27.08.2019 (Annex- 22) and letter dated 18.09.2019 (Annex-23) deserve to be declared illegal and set aside. (iii) The respondent DGT and State Directorate after inspection may kindly be directed to issue affiliation for shifting to the appellant institution at new location i.e. Jodhya Choraha, Tehsil Sikrai, District Dausa as requested in shifting application Dated 28.02.2020 (Annex-3) and upload the data of the student/trainees of the appellant institute and allow the student/trainees of the appellant institute to participate in the upcoming examination. (iv) Respondents may kindly be further directed to include the name of the appellant institution in the seat matrix of academic session 2021-22 and subsequent to it and further issued a direction to upload the data of the 120 students/trainees as per the annexure-29 and further permit the student/trainees of the appellant institution to continue their studies at new location Jodhya Choraha, Tehsil Sikrai, District Dausa. (v) Appellant intuition also permitted for assessing the NCVT MIS portal as well as Scholarship portal for uploading the dates of the admitted trainees.” 2. Ms. Khurshid Khan, the learned counsel for the appellant refers to the decision of this Court in “Shree Devi Pvt. ITI v. State of Rajasthan & Ors.” (S.B. Civil Writ Petition No.9214 of 2021) and the decision of Himachal Pradesh High Court titled “Galaxy Pvt. ITI v. Union of India & Ors.” (Civil Writ Petition No.3946 of 2022) to challenge the writ Court’s order dated 24th August 2023 on the ground that in similar cases the respondents had permitted shifting of the Institute to a different location. 3. The learned counsel for the appellant has also referred to the document as page 119 of the paper book to submit that the respondents have discriminated against the appellant-Institute inasmuch as the respondents had permitted shifting of the Institute in the past but in the present case they have taken a plea that such shifting is not permissible. [2025:RJ-JD:2892-DB] (3 of 3) [SAW-764/2023] 4. The writ Court referred to the decision of this Court in “Shree Devi Pvt. ITI” and also took note of the decision rendered in “Galaxy Pvt. ITI” and held that in view of the coming into force of new norms shifting of the Institute is not permissible. The learned counsel for the appellant, however, submits that the respondent had decided to permit the appellant-Institute to shift its infrastructure but later on arbitrarily withdrew that order and thereby caused serious prejudice to the appellant-Institute. On this issue, we are inclined to indicate that if on account of some arbitrary action of the respondents the appellant-Institute has suffered losses it has appropriate remedy in law. In view of coming into force of new norms which do not permit shifting of the institute, we are not inclined to interfere in this matter and accordingly, D.B. Special Appeal Writ No.764 of 2023 is dismissed. 5. However, we would indicate that dismissal of this Special Appeal shall not cause any prejudice to the appellant-Institute insofar as its right to make a fresh application under the new norms is concerned. (YOGENDRA KUMAR PUROHIT),J (SHREE CHANDRASHEKHAR),J 9-DivyaTak/-