Rajasthan High Court - Jodhpur
Mahaveer Education And Social Welfare ... vs State Of Rajasthan on 11 November, 2020
Author: Vijay Bishnoi
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
(1) S.B. Civil Writ Petition No. 11595/2020
Marwar Shikshak Parikshan Mahavidhyalaya, Parental Body
Mayurakshi Shikshak Avam Vikas Sansthan, Magra-Punjla,
Jodhpur Through Its Secretary Atul Sankhla S/o Shri Sanwal
Singh Sankhla, Aged 40 Years, Resident Of Magra-Punjla,
Jodhpur.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Elementary
Education, Secretariat, Jaipur.
2. The Deputy Secretary, Elementary Education, Jaipur.
3. The Director, Elementary Education Rajasthan, Bikaner.
4. The Coordinator, Pre-D.el.ed. Exam And Registrar,
Education Department And Examinations Rajasthan,
Bikaner, Education Directorate Premises, Lalgarh, Bikaner.
----Respondents
Connected With
(2) S.B. Civil Writ Petition No. 11596/2020
Mahaveer Teachers Training College, Parental Body Mahaveer
Jain Vidhyalaya Sansthan, Plot No.554/1, Village Kir Chouki,
Badgaon, Bhinder, Udaipur Through Its Director Ashish Vaya S/o
Himmat Lal Vaya, Aged 31 Years, Resident Of 143, Tagor Nagar,
Kiran Magari, Sector-4, Udaipur.
----Petitioner
Versus
1. State Of Rajasthan, Through The Director, Elementary
Education, Secretariat, Jaipur.
2. The Deputy Director, Elementary Education, Jaipur.
3. The Director, Elementary Education Rajasthan, Bikaner.
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4. The Coordinator, Pre-D.el.ed. Exam And Registrar,
Education Department And Examinations Rajasthan,
Bikaner, Education Directorate Premises, Lalgarh, Bikaner.
----Respondents
(3) S.B. Civil Writ Petition No. 11597/2020
Surendra Kaur Memorial Teacher Training College, Parental Body
Surendra Kaur Memorial Educational And Social Welfare Sanstha,
Murabba No. 86, Street No. 3 Dd Road, Village 24 B.b., Tehsil
Padampur District Sriganganagar Through Its Secretary
Harvinder Singh S/o Shri Sarvan Singh Aged 47 Years, Resident
Of 10 Sjm, Tehsil Anoopgarh, District Sriganganagar.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Elementary
Education, Secretariat, Jaipur.
2. The Deputy Secretary, Elementary Education, Jaipur.
3. The Director, Elementary Education Rajasthan, Bikaner.
4. The Coordinator, Pre-D.el.ed. Exam And Registrar,
Education Department And Examinations Rajasthan,
Bikaner, Education Directorate Premises, Lalgarh, Bikaner.
----Respondents
(4) S.B. Civil Writ Petition No. 11598/2020
JMK Sikshan Sansthan, Parental Body Jai Marudhar Kesari
Education And Welfare Society, Near Ganesh Temple, Sikhwalon
Ka Mohalla, Village And Post Office Merta City, Tehsil Merta,
District Nagaur Through Its Secretary Anil Kumar S/o Ram
Chandra Choudhary, Aged 39 Years, Resident Of Near Ganesh
Temple, Sikhwalon Ka Mohalla, Village And Post Office Merta
City, Tehsil Merta, District Nagaur.
----Petitioner
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Versus
1. State Of Rajasthan, Through The Secretary, Elementary
Education, Secretariat, Jaipur.
2. The Deputy Secretary, Elementary Education, Jaipur.
3. The Director, Elementary Education Rajasthan, Bikaner.
4. The Coordinator, Pre-D.ei.ed. Exam And Registrar,
Education Department And Examinations Rajasthan,
Bikaner, Education Directorate Premises, Lalgarh, Bikaner.
----Respondents
(5) S.B. Civil Writ Petition No. 11606/2020
Global Education Institute, Plot No. 1065/409, Village Dedwa
Khurd, N.h.68, P.o. Jakhal, Tehsil Sanchore, District Jalore
Parental Body Global Education Society, Plot No. 04, Vishnoi
Dharmshala, P.w.d. Road, Sanchore, Tehsil Sanchore, District
Jalore Through Its Secretary Smt. Sharwan Bishnoi W/o
Surender Sahu, Aged 37 Years, Resident Of Village Dawal, Tehsil
Chitalwana, District Jalore.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Elementary
Education, Secretariat, Jaipur.
2. The Deputy Secretary, Elementary Education, Jaipur.
3. The Director, Elementary Education Rajasthan, Bikaner.
4. The Coordinator, Pre-D.el.ed. Exam And Registrar,
Education Department And Examinations Rajasthan,
Bikaner, Education Directorate Premises, Lalgarh, Bikaner.
----Respondents
(6) S.B. Civil Writ Petition No. 11608/2020
Mahaveer Education And Social Welfare Trust College, Parental
Body Mahaveer Educational And Welfare Trust 84/22, Kulpi Road,
Tehsil And P.o. New Gharsana, District Sriganganagar Through
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Its Secretary Satpal Swami S/o Shri Om Prakash Swami Aged
49, Years, Resident Of 84/22, Kulpi Road, Tehsil And P.o. New
Gharsana, District Sriganganagar.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Elementary
Education, Secretariat, Jaipur.
2. The Deputy Secretary, Elementary Education, Jaipur.
3. The Director, Elementary Education Rajasthan, Bikaner.
4. The Coordinator, Pre-D.el.ed. Exam And Registrar,
Education Department And Examinations Rajasthan,
Bikaner, Education Directorate Premises, Lalgarh, Bikaner.
----Respondents
(7) S.B. Civil Writ Petition No. 11612/2020
Patel Co-Education Teacher Training College, Parental Body Patel
Educational And Social Welfare Trust, Kila No.24,25 And 64/67,
Chak 3Str, Tehsil Gharsana, District Sriganganagar Through Its
Secretary Nihal Chand S/o Ranjeet Ram, Aged 64 Years,
Resident Of Nai Mandi, Gharsana, District Sriganganagar.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Elementary
Education, Secretariat, Jaipur.
2. The Deputy Secretary, Elementary Education, Jaipur.
3. The Director, Elementary Education Rajasthan, Bikaner.
4. The Coordinator, Pre-D.ei.ed. Exam And Registrar,
Education Department And Examinations Rajasthan,
Bikaner, Education Directorate Premises, Lalgarh, Bikaner.
----Respondents
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(8) S.B. Civil Writ Petition No. 11613/2020
Maa Karni Bstc Parental Body New Millenium Public Samiti,
Village Nal, Tehsil And District Bikaner Through Its Secretary
Sangeeta Vyas W/o Manak Chand Vyas, Aged 49 Years, Resident
Of Outside Jassusar Gate, Bikaner.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Elementary
Education, Secretariat, Jaipur.
2. The Deputy Secretary, Elementary Education, Jaipur.
3. The Director, Elementary Education Rajasthan, Bikaner.
4. The Coordinator, Pre-D.el.ed. Exam And Registrar,
Education Department And Examinations Rajasthan,
Bikaner, Education Directorate Premises, Lalgarh, Bikaner.
----Respondents
(9) S.B. Civil Writ Petition No. 9779/2019
Shreenath Bstc School, Plot No. 598/2 And 346, Street Road,
Village Badisadri, Taluka / Mandal Badisadri, City Badisadri,
District Chittrogarh Through Its Secretary Pankaj Choudhary
S/o Shri Basanti Lal Choudhary Aged 40 Year, Resident Of
Kalka Mata Road, Udaipur.
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary, Elementary
Education, Secretariat, Jaipur.
2. The Deputy Secretary, Elementary Education, Jaipur.
3. The Director, Elementary Education, Rajasthan, Bikaner.
4. The Coordinate, Pre D.l.e.d. Exam And Registrar,
Education Department And Examinations Rajasthan
Bikaner, Education Directorate Premises, Lalgarh,
Bikaner.
----Respondents
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(10) S.B. Civil Writ Petition No. 7313/2019
J.m.k. Shikshan Sansthan, Parental Body Jai Marudhar Kesari
Educational And Welfare Society, Near Ganesh Temple,
Sikhwalon Ka Mohalla, Village And Post Office Merta City, Tehsil
Merta, District Nagaur Through Its Secretary Anil Kumar S/o
Ramchandra Choudhary, Aged 38 Years, Resident Of Near
Ganesh Temple, Sikhwalon Ka Mohalla, Village And Post Office
Merta City, Tehsil Merta, District Nagaur.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Elementary
Education, Secretariat, Jaipur.
2. The Deputy Secretary, Elementary Education, Jaipur.
3. The Director, Elementary Education Rajasthan, Bikaner.
4. The Coordinator, Pre-D.l.ed. Exam And Registrar,
Education Department And Examinations Rajasthan,
Bikaner, Education Directorate Premises, Lalgarh,
Bikaner.
----Respondents
(11) S.B. Civil Writ Petition No. 7331/2019
Mahaveer Education And Social Welfare Trust College, Parental
Body Mahaveer Educational And Welfare Trust, 84/22, Kulpi
Road, Tehsil And P.o. New Gharsana, District Sriganganagar
Through Its Secretary Satpal Swami S/o Shri Om Prakash
Swami, Aged 48 Years, Resident Of 84/22, Kulpi Road, Tehsil
And P.o. New Gharsana, District Sriganganagar.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Elementary
Education, Secretariat, Jaipur.
2. The Deputy Secretary, Elementary Education, Jaipur.
3. The Director, Elementary Education, Rajasthan, Bikaner.
4. The Coordinator, Pre-D.l.ed. Exam And Registrar,
Education Department And Examinations, Rajasthan,
Bikaner, Education, Directorate Premises, Lalgarh,
Bikaner.
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----Respondents
(12) S.B. Civil Writ Petition No. 7293/2019
Patel Co-Education Teacher Training College, Parental Body
Patel Educational And Social Welfare Trust, Kila No. 24, 25 And
64/67, Chak 3Str, Tehsil Gharsana, District Sriganganagar
Through Its Secretary Nihal Chand S/o Shri Ranjeet Ram, Aged
63 Years, Resident Of Nai Mandi, Gharsana, District
Sriganganagar.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Elementary
Education, Secretariat, Jaipur.
2. The Deputy Secretary, Elementary Education, Jaipur.
3. The Director, Elementary Education Rajasthan, Bikaner.
4. The Coordinator, Pre-D.l.ed. Exam And Registrar,
Education Department And Examinations Rajasthan,
Bikaner, Education Directorate Premises, Lalgarh,
Bikaner.
----Respondents
(13) S.B. Civil Writ Petition No. 7310/2019
Marwar Shikshak Parikshan Mahavidhyalaya, Parental Boday
Mayurakshi Shikshak Avam Vikas Sansthan, Magra-Punjla,
Jodhpur Through Its Secretary, Atul Sankhla S/o Shri Sanwal
Singh Sankhla, Aged 39 Yeass, Resident Of Magra-Punjla,
Jodhpur.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Eleemtary
Education, Secretariat, Jaipur.
2. The Deputy Secretary, Elementary Education, Jaipur.
3. The Director, Elementary Education Rajasthan, Bikaner.
4. The Coordinator, Pre-D.l.ed. Exam And Registrar,
Education Department And Examinations Rajasthan,
Bikaner, Education Directorate Premises, Lalgarh,
Bikaner.
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----Respondents
(14) S.B. Civil Writ Petition No. 7330/2019
Surendra Kaur Memorial Teacher Training College, Parental
Body Surendra Kaur Memorial Educational And Social Welfre
Sanstha, Murabba N0. 86, Street No 3 Dd Road, Village 24
B.b., Tehsil Padmpur, District Sriganganagar Through Its
Secretary Harvinder Singh S/o Shri Sarvan Singh, Aged 46
Years, Resident Of 10 Sjm, Tehsil Anoopgarh, District
Sriganganagar.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Elementary
Education, Secretariat, Jaipur.
2. The Deputy Secretary, Elementary Education, Jaipur.
3. The Director, Elementary Education Rajasthan, Bikaner.
4. The Coordinator, Pre-D.l.ed. Exam And Registrar,
Education Department And Examinations Rajasthan,
Bikaner, Education Directorate Premises, Lalgarh,
Bikaner.
----Respondents
(15) S.B. Civil Writ Petition No. 11283/2019
Maa Karni Bstc, Village Nai, Tehsil And District Bikaner Parental
Body New Millenium Public Samiti, Village Nai, Tehsil And
District Bikaner Through Its Secretary Sangeeta Vyas W/o
Manak Chand Vyas, Aged 48 Years, Resident Of Outside
Jassusar Gate, Bikaner.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Elementary
Education, Secretariat, Jaipur.
2. The Deputy Secretary, Elementary Education, Jaipur.
3. The Director, Elementary Education Rajasthan, Bikaner.
4. The Coordinator, Pre-D.l.ed. Exam And Registrar,
Education Department And Examination Rajasthan,
Bikaner, Education Directorate Premises, Lalgarh,
Bikaner.
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----Respondents
For Petitioner(s) : Mr. C.S. Kotwani
For Respondent(s) : Mr. Manish Vyas, AAG, Mr. Bhavit
Sharma
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order 11/11/2020 These writ petitions have been filed on behalf of the petitioner-institutions seeking direction to the respondents to grant NOC to the petitioner-institutions for conducting D.El.Ed. (Diploma in Elementary Education) Course. It is also prayed that the respondents may be further directed to allow students for admission in the petitioner-institutions for the academic sessions 2019-2020 and 2020-21. Further prayer is made for a direction to respondents to permit the petitioner- institutions to admit the students in subsequent years also for the above referred course.
It is the case of the petitioner-institutions that they are recognized by the concerned authority of the National Council of Teacher Education (for short 'NCTE') to conduct the above referred course, but the State Government is not granting NOC to the petitioner-institutions to conduct the said course and the Director, Elementary Education, Rajasthan, Bikaner is also not granting affiliation to the petitioner-institutions for conducting D.El.Ed. Course of two years.
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(10 of 14) [CW-11595/2020] Learned counsel for the petitioner-institutions have argued that once recognition is granted by the NCTE for conducting the above referred course, the role of the State Government is very formal one and State Government is not expected to put hindrances in admission process for the academic courses, for which, once recognition is granted. Learned counsel for the petitioner-institutions have also submitted that every year, as the State Government is not granting NOC and the affiliating body i.e. the Director, Elementary Education, Rajasthan, Bikaner is also not granting affiliation to the petitioner-institutions, they are forced to approach this Court for the same cause every year.
Learned counsel for the petitioner-institutions while placing reliance on the decision of this Court at Jaipur Bench rendered in the case of Sanskar T.T. College Vs. State of Rajasthan & Ors. (S.B. Civil Misc. Writ Petition No.679/2017) and other connected writ petitions decided on 7.2.2017 has argued that identical controversy involved in these writ petitions has already been settled by the above referred decision. Learned counsel for the petitioner-institutions, thus, prayed that these writ petitions may be allowed in terms of the above referred judgment.
Learned counsel for the respondents though opposed the writ petitions, however, they are not in a position to dispute the fact that the controversy involved in these writ petitions is identical to the controversy involved in (Downloaded on 12/11/2020 at 09:18:12 PM) (11 of 14) [CW-11595/2020] the case of Sanskar T.T. College (supra) and other connected writ petitions.
This Court at Jaipur Bench in Sanskar T.T. College's case (supra) while dealing with the identical controversy has held as under :-
"Let us begin taking note of the judgment of the Supreme Court in State of Rajasthan Vs. LBS B.Ed. College and Others, supra, wherein reference was made of its earlier judgment in Maa Vaishno Devi Mahila Mahavidyalaya Vs. State of Uttar Pradesh and Others - (2013) 2 SCC 617, and authoritatively pronounced that that the role of the State is very formal one and State is not expected to obstruct the commencement of admission process and academic courses once recognition is granted and affiliation is found to be acceptable. The Supreme Court in para 13 of that judgment referred its earlier two- Judge Bench judgment in Maa Vaishno Devi Mahila Mahavidyalaya Vs. State of Uttar Pradesh and Others, supra, wherein it was held that Regulations framed under the National Council for Teacher Education Act, 1993 clearly show that upon receiving an application for recommendation, the NCTE shall send a copy of the application with its letter inviting recommendations/comments of the State Government on all aspects within a period of 30 days. To such application, the State is expected to respond with its complete commendts within a period of 60 days. In other words, the opinion of the State on all matters that may concern it in any of the specified fields are called for. The Supreme Court observed that this is the stage where the State and its Department should play a vital role and they must take all precautions to offer proper comments supported by due reasoning. Once these comments are sent (Downloaded on 12/11/2020 at 09:18:12 PM) (12 of 14) [CW-11595/2020] and the State Government gives its opinion which is considered by the NCTE and examined in conjunction with the report of the experts, it may grant or refuse recognition. Once it grants recognition, then such grant attains supremacy vis-a- vis the State Government as well as the affiliating body. The Supreme Court further observed that normally these questions cannot be re-agitated at the time of grant of affiliation. Once the University conducts inspection in terms of its Statutes or Act, without offending the provisions of the Act and conditions of recognition, then the opinion of the State Government at the second stage is a mere formality unless there was a drastic and unacceptable mistake or the entire process was vitiated by fraud or there was patently eminent danger to life of the students in the school because of non-compliance of a substantive condition imposed by either of the bodies but in the normal circumstances, the role of the State is a very formal one and the State is not expected to obstruct the commencement of admission process and academic courses once recognition is granted and affiliation is found to be acceptable. In para 15 of the judgment 08.09.2016, supra, again the Supreme Court has observed that controversy with regard to such institutions wherefor the NCTE has already granted recognition, shall stand closed."
From perusal of the above decision, it is clear that role of the State Government in granting NOC and affiliation is very formal one and once the institutions are recognized by the NCTE for running any course normally the State Government cannot refuse to grant NOC until and unless exceptional circumstance exits. (Downloaded on 12/11/2020 at 09:18:12 PM)
(13 of 14) [CW-11595/2020] Mr. Manish Vyas, learned AAG has submitted that some of the petitioner-institutions have applied for recognition and affiliation with the respondents and there applications are pending consideration and the respondents will consider and decide the same at the earliest. It is also submitted by Mr. Vyas that some of the institutions have not even applied for grant of NOC or affiliation with the respondents and if they will apply for the same, the same shall be considered and decided expeditiously.
It is noticed that in the writ petitions filed by the petitioner-institutions in the year 2019, this Court while issuing notices to the respondents has already passed interim orders directing them to allow the petitioner- institutions to admit students in D.El.Ed Course in the academic session 2019-20, however, in some of the writ petitions filed by the petitioner-institutions in the year 2020, this Court has already stayed all the further proceedings pursuant to the counselling calendar issued by the respondent No.4.
In such circumstances, these writ petitions are disposed of with liberty to the petitioner-institutions to submit applications before the respondent - State Government for grant of NOC to them and affiliation of the petitioner-institutions with the Director, Elementary Education, Rajasthan, Bikaner by 20.11.2020. On receiving said applications, the respondents including the Director, Elementary Education, Rajasthan, Bikaner are directed to take decision regarding grant of NOC and (Downloaded on 12/11/2020 at 09:18:12 PM) (14 of 14) [CW-11595/2020] affiliation to the petitioner-institutions to conduct the D.El.Ed (Diploma in Elementary Education) Course of two years by 30.11.2020 while keeping in mind the observations made by this Court in Sanskar T.T. College's case (supra).
The institutions to which NOC and affiliation is granted be included in the list of eligible institutions and the students be allotted those institutions for admitting in D.El.Ed (Diploma in Elementary Education) Course for the academic years 2020-21.
The respondents are free to carry out the counselling process after deciding the applications of the petitioner- institutions to grant them NOC and affiliation.
(VIJAY BISHNOI),J ms rathore (Downloaded on 12/11/2020 at 09:18:12 PM) Powered by TCPDF (www.tcpdf.org)