Rajasthan High Court Slams State For Sitting Over College NOC Despite Favourable Inspection, Affirms 'Right To Timely Service'

While rapping the State for “gross inaction” in issuing NOC even after 8 months of inspection, Rajasthan High Court held that such lapse in processing a routine clearance revealed a callous disregard for public interest and slackness in discharge of public duties.

Expressing displeasure and surprise over such inaction, the bench of Justice Sanjeet Purohit observed that such lapses compelled entities to approach courts for writ of mandamus, thereby perpetuating a vicious cycle of litigation, extracting multiple round of compliance from institutions while the executive remained unreactive.

“The authorities' high-handedness in sitting over NOC applications despite favourable inspection report, as exemplified in the present case, not only undermines the rule of law but transforms this Court into an unwilling de facto regulator of the process of grant of NOC.”

In this background, the Court opined that it was necessary that a detailed and comprehensive framework was prepared that delineated specific timelines for each distinct stage of application process. The State has been directed to formulate the Rajasthan Grant of NOC/Approval/Permission (Education) Framework 2026 within 8 weeks.

Petition was filed by an institution running bachelor of Nursing (B.Sc) course, with the contention that despite all necessary infrastructure in place, and inspection being conducted in July 2025, neither the inspection report nor the NOC was provided by the State.

After hearing the contentions, and failing to get any satisfactory reason for such delay by the State, the Court made reference to the guidelines 'Establishment of Nursing Schools/Colleges/Universities in the Private Sector' issued by the State in 2024.

It was opined that as per these, the entire process of issuance of NOC had to be completed within 90 days, and the application shall be disposed within 45 days of receipt of inspection report. It was held state that State's inaction was a clear defiance of their own guidelines.

A further reference was made to the Rajasthan Guaranteed Delivery of Public Services Act, 2011 (“Act”), and it was observed that the object of the Act was to ensure timely and accountable delivery of public services. Section 4 of the Act laid down “right to service” within the stipulated time limit.

In this background, the Court held that the present inaction was a complete derogation of the Act, frustrating its very purpose. Such unexplained delay not only violated citizen's right to timely service but also struck at the core of transparency, efficiency and public accountability.

“Once the inspecting committee records unqualified satisfaction with all requisite compliances and records a clear recommendation for NOC grant, the petitioner institution acquires a legitimate expectation of time-bound processing for issuance of formal NOC. The failure to honour this expectation breeds cynicism, compelling repeated judicial interventions and eroding public faith in administrative processes.”

The Court also said that the State's practice of collecting application fees and then sitting over such applications raised serious questions of fairness and accountability.

In this light, the Court held that mere guideline were insufficient to ensure expeditious disposal of applications, and a comprehensive framework was required for each distinct stage of application process.

The State was directed to formulate and notify the framework for grant of required NOC/approval/permission for all kinds of educational courses/establishment of colleges etc., by establishing a fully digitized online portal with real time tracking and strict timelines for all stages.

It was stated that the framework shall include nodal officers for accountability, mandatory inspections, uploading of inspection reports in time bound manner, and also penal provisions for delays.

In relation to the present matter, the Court granted a time of 15 days to the State for issuing the NOC, and held that any delay shall met with serious consequence like appropriate action, imposition of heavy costs personally on concerned officer.

The matter has been listed for March 9, 2026.

Title: Health and Education Care Society v The State of Rajasthan & Ors.

Citation: 2026 LiveLaw (Raj) 76

For Petitioners: Mr. Shreyansh Mardia

For Respondents: Mr. N.S. Rajpurohit, AAG

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