Rajasthan High Court - Jodhpur
Lucky Institute Of Prof. Studies & Ors vs State Of Raj. & Ors on 22 December, 2010
Author: Dinesh Maheshwari
Bench: Dinesh Maheshwari
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
ORDER
1. S.B.Civil Writ Petition No.11056/2010
Jagrati Sansthan Society Vs. State of Rajasthan & Ors.
2. S.B.Civil Writ Petition No.10313/2010
Surendar Kaur Memorial Educational and Social Welfare
Sansthan & Ors. Vs. State of Rajasthan & Ors.
3. S.B.Civil Writ Petition No.10560/2010
Krishna Mahila Teacher's Training College & ors. Vs. State of
Rajasthan & Ors.
4. S.B.Civil Writ Petition No.10861/2010
Veer Teja Mahila T.T. College Vs. State of Rajasthan & Ors.
5. S.B.Civil Writ Petition No.10936/2010
Shri Shyam Pathshala Samiti, Bhadra & ors. Vs. State of
Rajasthan & Ors.
6. S.B.Civil Writ Petition No.10937/2010
Shri Dayanand Bal Vidhyalay Prabandhak Samiti & Ors. Vs.
State of Rajasthan & Ors.
7. S.B.Civil Writ Petition No.11583/2010
Swami Vivekanand College Vs. State of Rajasthan & Ors.
8. S.B.Civil Writ Petition No.11636/2010
Lucky Institute of Prof. Studies & Ors. Vs. State of Rajasthan &
Ors.
9. S.B.Civil Writ Petition No.11703/2010
Central Modern Women's B.Ed. College Vs. State of
Rajasthan & Ors.
Date of Order :: 22nd December 2010
PRESENT
HON'BLE MR.JUSTICE DINESH MAHESHWARI
Dr.P.S.Bhati )
Mr.B.S.Sandhu )
Mr.H.S.Choudhary )
Mr.Himmat Arora )
Mr.Nimesh Suthar )
Mr.L.K.Mathur for )
Mr.V.K.Mathur ) for the petitioners
2
Mr.P.R.Singh )
Mr.D.D.Chitlangi )
Mr.Sanjay Mathur )
Mr.G.R.Punia, Additional )
Advocate General ) for the respondents
BY THE COURT:
These petitions involving similar and akin issues have been considered together and are taken up for disposal by this common order.
The matter in issue relates to the admission in B.Ed. Course through Pre-Teacher Education Test, 2010 (PTET) conducted by the respondent Co-ordinator. After declaration of the result of the examination, the respondents carried out two rounds of counselling; and it stated that the second round of counselling was completed by 25.10.2010. The respondent State Government, thereafter, proceeded to issue the impugned order on 27.10.2010 stating thus:
"उपर क व षय न र सन र पत क कम म न श स र लख ह" कक ब%एड क( द* %य क उनसरल+र क पश- . ररक रह0 12140 स%ट2 क( प3न क रलए 4 %य क उनसरल+र क( आ शयक ह0+ ह" । अ : पत स3- र पवष ह" ।"
These writ petitions have been filed challenging the aforesaid order dated 27.10.2010 and it is the case of the petitioners that on one hand, the petitioners-Institutions, who have incurred huge expenditure for creating infrastructure and procuring the staff are having the number of seats vacant and have not got the students as per their intake capacity; and on the other hand, more than 12000 candidates are waiting in the line who could definitely be accommodated if third round of counselling is carried out. It is also 3 contended that the respondents and so also various other bodies are continuing with such counselling for other courses even beyond the month of October 2010 with the specific effort to fill up the maximum seats. It is submitted that the respondent-State suddenly has come out with the impugned order stating that third counselling was not requisite without any reason.
It is the stand of the respondents that the order impugned was required to be issued essentially in order to ensure that the mandate as per the Regulations of NCTE to undertake minimum 200 classes in an academic session with six hours study per day is adhered to.
It is not in dispute that similar nature cases were taken up by this Court at Jaipur Bench and were decided on 14.12.2010 by a common order passed in a batch of petitions led by CWP No.15131/2010: KMD Memorial College of Education & Ors. Vs. The State of Rajasthan & Ors. This Court in the said order dated 14.12.2010 has taken note of all the facts and circumstances and has directed and observed as under:-
"The issue raised in these writ petitions is regarding order of the State Government not to hold third counselling for admission to B.Ed. course. It is no doubt true that government has made a policy decision in consonance to the Regulations of the NCTE thus cannot be scraped casually. The fact, however, remains that while observing Regulations of NCTE, the government has to take into consideration number of vacant seats in recognised colleges. The institutions are required to have infrastructure and staff as per intake capacity granted by the NCTE and if seats are lying vacant in such institutions then it would be difficult for the institutions to run smoothly. Thus, to balance the equity between the parties and, at the same time, to follow the Regulations of the NCTE, I deem it proper to direct the respondent State 4 to reconsider the matter regarding third round of counselling for B.Ed. course more so when the State had already undertaken third round of counselling for admission to Shiksha Shastri and other courses.
Accordingly, all these writ petitions are disposed of with the direction to the State Government to reconsider the matter in regard to third round of counselling for admission to B.Ed. course looking to 12000 and more vacant seats in the institutions. The decision in this regard may be taken by the respondents within a period of fifteen days from receipt of copy of this order. It is expected that respondent State will take a sympathetic view keeping in mind that petitioner institutions are having their infrastructure and staff as per the intake capacity granted by the NCTE.
It is, made clear that observations of minimum 200 classes in academic session and six hours per day classes would not be ignored by the State Government and, accordingly take a proper view in consonance to the provision of law. In the past institutions were permitted to work on Sundays and to take extra classes to complete requirement of minimum 200 working days and six hours of study in a day. Respondent State would be free to look into all aspects for taking a proper view. Petitioners are directed to furnish copy of this order to the competent authority within a week from today so that compliance of the order aforesaid may be made by the respondent State within time frame given to them."
Looking to the subject-matter of these writ petitions, the learned Additional Advocate General appearing for the State was posed the question as to what steps have been taken by the respondent-State to comply with the writ issued in the said order dated 14.12.2010 passed by this Court at Jaipur Bench? The learned Additional Advocate General after taking instructions submits that the Government has already taken up the matter in compliance of the said order dated 14.12.2010; and the matter is presently under active consideration of the concerned authorities. The learned Additional Advocate General further submits on instructions that in any case, a concrete decision shall be taken in the matter by the State Government latest by tomorrow. 5
The learned counsel appearing for the petitioners submit that while taking such decisions, the Government is required to take note of the decision of this Court in the case of Bright Future Teacher Training Vs. State: 2009 (2) RLW 1197.
It is definitely expected of the State Government to reconsider the matter with reference to the observations already made by this Court in the aforesaid order dated 14.12.2010 and so also the above referred decision in Bright Future Teacher Training's case.
In view of the aforesaid, the impugned order as issued by the State Government on 27.10.2010 is required to be and is hereby annulled. The State Government is expected to take decision as assured before this Court latest by tomorrow keeping in view the observations made herein and the decisions referred hereinabove.
These writ petitions are allowed to the extent indicated above. No costs.
(DINESH MAHESHWARI),J.
MK 6 S.B.CIVIL WRIT PETITION NO.
Dated: 22nd December 2010
HON'BLE MR.JUSTICE DINESH MAHESHWARI
::::
The writ petition is allowed to the extent as indicated in the common order made in S.B.Civil Petition No.11056/2010: Jagrati Sansthan Society Vs. State of Rajasthan & Ors.
(DINESH MAHESHWARI),J.
MK