Rajasthan High Court - Jaipur
Sanskar T T College vs State (Education Department) Ors on 7 February, 2017
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
1. S.B.Civil Misc. Writ Petition No. 679 / 2017
Sanskar T.T. College, Phulera, District Jaipur (Rajasthan), Running
by Society of Sanskar Shikshan Sansthan at 83-A, Sanjay Nagar
Joshi Marg, Kalwar Road, Jhotwara, Jaipur, Rajasthan through its
President Shri Brij Mohan Sharma S/o Shri Late Nanag Ram
Sharma, aged 56 Years, R/o 83-A, Sanjay Nagar Joshi Marg,
Kalwar Road, Jhotwara, Jaipur, Rajasthan
----Petitioner
Versus
1. State of Rajasthan through its Principal Secretary, Higher
Education Department, Secretariat (Group-IV), Rajasthan, Jaipur
2. Coordinator, PTET 2016, Kota University, Kota, Rajasthan
3. Registrar University of Rajasthan, Jaipur
4. National Council for Teacher Education, Northern Region
Committee through its Regional Director, Office L.I.C. Investment
Building, Jeevan Nidhi-II, IVth Floor, Bhawani Singh Road, Jaipur
5. National Council for Teacher Education, through its Member
Secretary, Hans Bhawan, Wind-II, Bahadur Shah Zafar Marg, New
Delhi-110002
----Respondents
Connected With
2. S.B.Civil Misc. Writ Petition No. 680 / 2017
Brilliant Academy Shikshan Prashikshan Mahavidyalaya Chomu
Jaipur, running by Society of Brilliant Academy Shiksha Samiti,
Khasra No. 2844/1, Basant Daulat Shah Baba Mosque, Basant
Vihar, Chomu-303702 District Jaipur (Raj.) through its Secretary
Ramesh Vijay S/o late Shri Kistoor Chand Vijay, aged about 53
Years, R/o Khasra No. 2844/1, Basant Daulat Shah Baba Mosque,
Basant Vihar, Chomu 303702 District Jaipur (Raj.)
----Petitioner
Versus
1. State of Rajasthan through its Principal Secretary, Higher
Education Department, Secretariat (Group-IV), Rajasthan, Jaipur
2. Cordinator, PTET 2016, Kota University, Kota, Rajasthan
3. Registrar, University of Rajasthan, Jaipur
4. National Council for Teacher Education, Northern Region
Committee through its Regional Director, Office L.I.C. Investment
Building, Jeevan Nidhi-II, IVth Floor Bhawani Singh Road, Jaipur
5. National Council for Teacher Education, through its Member
(2 of 16)
[ CW-679/2017]
Secretary, Hans Bhawan, Wind-II, Bahadur Shah Zafar Marg, New
Delhi-110002
----Respondents
3. S.B.Civil Misc. Writ Petition No. 681 / 2017
Aravali T T College, Plot Khasra No. 211/2015,jeen Mata Road,
Tamakpura, Tehsil Danta Ramgarh, District Sikar (Raj.) Running by
Society of Aravali Shikshan & Anusandhan Sansthan, Plot Khasra
No. 211/2015, Jeen Mata Road, Tamakpura, Tehsil Dantaramgarh,
District Sikar (Raj.) through its Secretary Sabita Agarwal W/o Shri
Suresh Agarwal, aged about 36 Years, Resident of Shekhpura
Mohalla, Ward No. 14, Sikar Rajasthan
----Petitioner
Versus
1. State of Rajasthan through its Principal Secretary, Higher
Education Department, Secretariat (Group-IV, ) Rajasthan, Jaipur
2. Cordinator, PTET 2016, Kota University,, Kota, Rajasthan
3. Registrar, Shekhawati University, Sikar, Rajasthan
4. National Council for Teacher Education, Northern Region
Committee, through its Regional Director, Office LIC Investment
Building , Jeevan Nidhi-II, IVth Floor Bhawani Singh Road, Jaipur
5. National Council for Teacher Education through its Member
Secretary, Hans Bhawan, Wing II, Bahadur Shah Zafar Marg, New
Delhi-110002
----Respondents
4. S.B.Civil Misc. Writ Petition No. 682 / 2017
Dau Baba T.T. College, Dhaurmui, Bharatpur (Rajasthan) Running
by Society of Shri Sikarwar Shiksha Samiti, Dhaurmui, Bharatpur
(Rajasthan), through its Secretary Shri Virendra Kumar S/o Shri
Jagannath Prasad, by Caste Sunar, aged about 46 Years, R/o
Bhimar Mohalla, Bharatpur Rajasthan
----Petitioner
Versus
1. State of Rajasthan through its Principal Secretary, Higher
Education Department, Secretariat (Group-IV), Rajasthan, Jaipur
2. Cordinator, PTET 2016, Kota University, Kota, Rajasthan
3. Vice Chansellor, Maharaja Shri Surajmal Braj Vishvidyalya,
Bharatpur Rajasthan
4. National Council for Teacher Education, Northern Region
Committee through its Regional Director, Office LIC Investment
Building, Jeevan Nidhi-II, IVth Floor Bhawani Singh Road, Jaipur
(3 of 16)
[ CW-679/2017]
5. National Council for Teacher Education through its Member
Secretary, Hans Bhawan, Wing II, Bahadur Shah Zafar Marg, New
Delhi- 110002
----Respondents
5. S.B.Civil Misc. Writ Petition No. 683 / 2017
Aryan B.Ed. College, Shyam Nagar Dabla Road, Kotputali Saruna
Jaipur, Raj., Running by Society of Vivek Vihar Public School Vikas
Samiti, at C-62, Chatrasal Nagar, Gator, Jaipur, through its
Secretary Shri Ramniwas Yadav S/o Shri Ranjeet Singh, aged
about 56 Years, R/o C-62, Chatrasal Nagar, Gator, District Jaipur
Rajasthan.
----Petitioner
Versus
1. State of Rajasthan through its Principal Secretary, Higher
Education Department, Secretariat (Group-IV), Rajasthan, Jaipur
2. Cordinator, PTET 2016, Kota University,, Kota, Rajasthan
3. Registrar, University of Rajasthan,, Jaipur
4. National Council for Teacher Education, Northern Region
Committee through its Regional Director, Office LIC Investment
Building, Jeevan Nidhi-II, IVth Floor Bhawani Singh Road, Jaipur
5. National Council for Teacher Education through its Member
Secretary, Hans Bhawan, Wing II, Bahadur Shah Zafar Marg, New
Delhi- 110002
----Respondents
6. S.B.Civil Misc. Writ Petition No. 684 / 2017
Gyan Kanwar Girls Teacher Training College,, Plot No. 24, Village-
Pasand Nagar, P.O. Pushkar Road, Distt. Ajmer- 305004,
Rajasthan, Running by Registered Society Samrat Public Shikshan
Sansthan at Near Dahar Sen Smarak, Hari Bhau Uppadhyaya
Nagar Pushkar Road, Ajmer (Rajasthan) through its Secretary Shri
Narpat Singh Shekhawat S/o Late Shri Onkar Singh Shekhawat
Sagar Vihar Colony Vaishali Nagar Ajmer
----Petitioner
Versus
1. State of Rajasthan through its Principal Secretary, Higher
Education Department, Secretariat (Group-IV), Rajasthan Jaipur
2. Cordinator, PTET 2016, Kota University, Kota, Rajasthan
3. Registrar, M.D.S. University, Ajmer Rajasthan
(4 of 16)
[ CW-679/2017]
4. National Council for Teacher Education, Northern Region
Committee through its Regional Director, Office LIC Investment
Building, Jeevan Nidhi-II, IVth Floor, Bhawani Singh Road, Jaipur
5. National Council for Teacher Education through its Member
Secretary, Hans Bhawan, Wing II, Bhadur Shah Zafar Marg, New
Delhi- 110002.
----Respondents
7. S.B.Civil Misc. Writ Petition No. 685 / 2017
Shekhawati Teacher Training Institute, Behind Circuit House,
Jaipur Road, Sikar (Rajasthan) running by Society / Trust Gurukul
Shikshan Sansthan, Opposite Shiv Mandir Cinema, Fatehpur Road,
Sikar through its President Shri Ranjit Singh S/o Shri Narayan
Singh, aged about 37 Years, R/o B-5, Todi Nagar, Sikar
(Rajasthan)
----Petitioner
Versus
1. State of Rajasthan through its Principal Secretary, Higher
Education (Sanskrit) Department, Secretariat, Rajasthan, Jaipur
2. The Director Sanskrit Shiksha, Directorate, Jaipur
3. Jagadguru Ramanandacharya Rajasthan Sanskrit University,
Mandau, Bhakrota, Jaipur through its Cordinator PSST-2016
4. National Council for Teacher Education, Northern Region
Committee, through its Regional Director, Office L.I.C. Investment
Building Jeevan Nidhi-II, IVth Floor, Bhawani Singh Road, Jaipur
5. National Council for Teacher Education through its Member
Secretary, Hans Bhawan, Wing II, Bahadur Shah Zafar Marg, New
Delhi-110002
----Respondents
8. S.B.Civil Misc. Writ Petition No. 941 / 2017
Shri Shyam Shikshan Sansthan, Khatu Road, Reengus, Sikar
through its Secretary, Vishal Mahala S/o Bhagirath Singh, aged
about 40 Years, B-4, Jamnapuri, Murlipura Scheme, Jaipur
(Rajasthan)
----Petitioner
Versus
1. The State of Rajasthan, through Principal Secretary to the
Government, School Education, Secretariat, Jaipur
2. The Director, Elementary Education,, Bikaner
3. Nation Council for Teacher Education, Hans Bhawan, Wing II,
(5 of 16)
[ CW-679/2017]
Bahadur Shah Zafar Marg, New Delhi
4. Northern Region Committee of National Council for Teacher
Education through its Regional Director,, 22/198, Kaveri Path,
Near Mansarovar Stadium, Jaipur, Rajasthan
----Respondents
9. S.B.Civil Misc. Writ Petition No. 865 / 2017
Shree Prahalad Gupta Smriti Welfare Society, Thingala, Sawai
Madhopur, through its Secretary Abhishek Gupta, Son of Shri
Babulal Gupta, aged 37 Years, Resident of Village Thingala, P.O.
Sawai Madhopur, District Sawai Madhopur, Rajasthan
----Petitioner
Versus
1. The State of Rajasthan through Principal Secretary to
Government, Higher Education, Secretariat, Jaipur (Rajasthan)
2. Director, College Education, Directorate of College Education,
Jaipur
3. National Council for Teacher Education, Wing -II, Hans Bhawan,
1, Bahadur Shah Zafar Marg, New Delhi through its Chairperson
4. Northern Regional Committee of National Council for Teacher
Education, 4th Floor, Jeevan Nidhi II, LIC Building, Ambedkar
Circle, Bhawani Singh Marg, Jaipur, through its Regional Director
5. Kota University, Kota, through its Registrar
----Respondents
10. S.B.Civil Misc. Writ Petition No. 1320 / 2017
S.B.N. Shikshan Samiti, Shrimadhopur, Sikar, through its President
Shri Sagar Mal Son of Shri Padma Ram, age about 41 years,
Resident of Ward No.22, Shrimadhopur, Sikar, Rajasthan
----Petitioner
Versus
1. The State of Rajasthan through Secretary to the Government,
School Education, Secretariat, Jaipur-302005
2. The Director, Elementary Education, Bikaner
3. National Council for Teacher Education, Office - Hans Bhawan,
Wingh-II, 1, Bahadur Shah Zafar Marg, New Delhi - 110 002
through its Member Secretary
4. Northern Regional Committee of National Council for Teacher
Education, Office - 4th Floor, Jeevan Nidhi-II, LIC Building,
(6 of 16)
[ CW-679/2017]
Bhawani Singh Marg, Ambedkar Circle, Bhawani Singh Marg,
Jaipur, through its Regional Director
----Respondents
11. S.B.Civil Misc. Writ Petition No. 1143 / 2017
Shree Devilal Chaturvedi Education Society, Rangbari Road,
District Kota through its President Jitendra Chaturvedi, S/o Shri
Radheshyam Chaturvedi, Age 38 Years, Resident of House No.601,
Mahaveer Nagar, Kota, Rajasthan
----Petitioner
Versus
1. The State of Rajasthan through Principal Secretary to the
Government, School Education, Secretariat, Jaipur
2. The Director, Elementary Education, Bikaner
3. National Council for Teacher Education, Hans Bhawan, Wingh-II,
Bahadur Shah Zafar Marg, New Delhi
4. Northern Region Committee of National Council for Teacher
Education through its Regional Director, 22/198, Kaveri Path, Near
Mansarovar Stadium, Jaipur, Rajasthan
----Respondents
_____________________________________________________
For Petitioner(s) : Mr. Mahendra Shandilya with Mr. Saurabh
Jain - in Writ Petitions No.679/2017,
680/2017, 681/2017, 682/2017, 683/2017,
684/2017, 685/2017
Mr. Vijay Poonia - in Writ Petitions
No.941/2017, 865/2017, 1320/2017 and
1143/2017
For Respondent(s) :Mr. Inderjeet Singh, Additional Advocate
General, for respondent no.1 State, Mr.
Shantanu Sharma for respondents NCTE, Mr.
Kanishka Gupta for respondent no.3 in Writ
Petition No.681/2017, Mr. Gaurav Sharma
Saraswat for respondent Jagadguru
Ramanandacharya Rajasthan Sanskrit
University in Writ Petition No.685/2017, Mr.
R.A. Katta for respondent University of
Rajasthan in CW No.679/2017, 680/2017,
681/2017, 682/2017, 683/2017, 684/2017,
685/2017, Ms. Anita Agarwal with Mr. Laxmi
Kant, for respondent Coordinator, PTET, Kota
University
_____________________________________________________
HON'BLE MR. JUSTICE MOHAMMAD RAFIQ
(7 of 16)
[ CW-679/2017]
Order
07/02/2017
These writ petitions, except writ petitions no.685/2017 and
1320/2017, have been filed by the petitioners aggrieved by refusal
by respondents to issue 'no objection certificate' for certain
courses for the academic session 2016-17. Further prayer is made
for a direction to respondents to allot them students. Prayer is
also made for a direction to respondent Coordinator of PTET-2016,
Kota University, Kota, to allot them students for the academic
session 2016-17.
In writ petition no.1320/2017 prayer is made for a direction
to respondents to grant 'no objection certificate' to petitioner
institution for D.El.Ed. Course of two years for academic session
2017-18 and for the subsequent academic sessions also, for which
final recognition has already been granted by the Northern
Regional Committee of the National Council for Teacher Education.
Further prayer is made for a direction to respondent - Director of
Elementary Education, Bikaner, to grant affiliation to the petitioner
institution for D.El.Ed. Course of two years for academic session
2017-18 and for the subsequent academic sessions including the
academic session 2018-19.
Prayer in Writ Petition 685/2017 has been made for a
direction to respondent State Government to grant 'no objection
certificate' to petitioner institution for academic session 2016-17
and onwards, while allotting 100 seats/students for the academic
session 2016-17 for B.Ed. Shiksha Shastri Course. Further prayer
is made for a direction to respondent Coordinator of PSST-2016
(8 of 16)
[ CW-679/2017]
Jagadguru Ramanandacharya Rajasthan Sanskrit University,
Jaipur, to allot 100 seats/students (two Unit) to the institution of
the petitioner society as per grant of recognition and approved
annual intake of two units by the NCTE for the academic session
2016-17 for running B.Ed. Shiksha Shastri Course.
Mr. Mahendra Shandilya, learned counsel for petitioner,
contended that petitioners, except in Writ Petition No.941/2017,
earlier approached this court by filing writ petitions. The
petitioners relied on judgment of the Supreme Court dated
08.09.2016 in State of Rajasthan Vs. LBS B.Ed. College and
Others - Civil Appeal No.9193/2016, wherein it was held that 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. Learned counsel for petitioners submitted that NOC
was not issued by the respondent State to the petitioners even
when the NCTE had granted recognition to them, which fact had
already been taken note of by the Supreme Court in para 15 of
the judgment in State of Rajasthan Vs. LBS B.Ed. College and
Others, supra. This court vide order dated 03.11.2016 disposed off
S.B. Civil Writ Petition No.11753/2016 - Sanskar T.T. College,
Phulera, District Jaipur Vs. State of Rajasthan and Others, and
relying on the binding judgment of the Supreme Court in State of
Rajasthan Vs. LBS B.Ed. College and Others, supra, passed in
respect of the State of Rajasthan itself, directed the Principal
Secretary to the Government, Department of Higher Education,
(9 of 16)
[ CW-679/2017]
Government of Rajasthan, Government Secretariat, Jaipur, to
decide the question of grant of NOC to the petitioner institution
and pass necessary orders in regard thereto within ten days from
the date a copy of that order is produced before him. The
Government even then rejected the application of the petitioners
for grant of NOC relying on the order passed by the Supreme
Court dated 29.08.2016 in Petitions for Special Leave to Appeal
(C) No.5282-5289/2015 and maintained that NOC could be
granted only to such institutions for B.Ed. for the academic
session 2016-17, who were parties to the aforesaid Special Leave
Petitions. The petitioners were required to produce the proof
whether they were parties to the Special Leave Petition and if they
failed to produce the same, the NOC would not be granted to them
for the academic session 2016-17. Learned counsel for petitioners
submitted that the respondents are deliberately misinterpreting
the judgment of the Supreme Court.
Learned counsel for the petitioners submitted that the
respondents have not faithfully complied with order of this court
dated 03.11.2016 and misconstruing the order of the Supreme
Court contending that the petitioners would be granted NOC if
they are able to show that they are parties to the SLP before the
Supreme Court. It is submitted that recognition was granted to
the petitioners by NCTE long ago, which fact was informed to the
respondent State but even then the respondent State is insisting
that as per their policy decision that the petitioners would be
granted NOC for B.Ed. Course only for certain approved districts.
(10 of 16)
[ CW-679/2017]
Learned counsel referred to para 15 of the judgment dated
08.09.2016 of the Supreme Court in State of Rajasthan Vs. LBS
B.Ed. College and Others, supra, and submitted that the fact with
regard to recognition granted by NCTE to some of the institutions
has been taken note of by the Supreme Court and therefore the
Supreme Court observed that since the recognition has already
been granted to such institutions, the controversy with regard to
the said institutions shall stand closed and further observed that
whenever an application is received under the Regulations for
grant of recognition, the NCTE shall be guided by its own
Regulations and the judgments of the Supreme Court and the
State shall remain bound by the principles set out in that
judgment.
Mr. Vijay Poonia, learned counsel for petitioners, submitted
that the petitioners have approached this court for a direction to
the respondents for grant of NOC by filing writ petition, this court,
in view of the judgment of the Supreme Court in State of
Rajasthan Vs. LBS B.Ed. College and Others, supra, required the
respondents to decide the question of grant of NOC and pass
specific order within ten days. Even though the petitioners were
granted required recognition, the respondent State has again
refused to grant NOC on the ground that they were not parties to
the SLP, whereas 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.
(11 of 16)
[ CW-679/2017]
Mr. Inderjeet Singh, learned Additional Advocate General, for
the respondent State, citing the order of the Supreme Court dated
29.08.2016 in Petitions for Special Leave to Appeal (C) No.5282-
5289/2015, submitted that the respondent State has decided that
NOC could be granted only to such institutions for B.Ed. for the
academic session 2016-17, who were parties to the Special Leave
Petitions. It is informed that the said order was passed by the
Supreme Court in the Petition for Special Leave to Appeal filed by
L.B.S. B.Ed. College and other private colleges against the
judgment of the division bench of this court, which reversed the
judgment of the single bench directing the State to allot the
students. It is in that context that the Supreme Court, on being
informed that the counselling with regard to admission to B.Ed.
Course in the State of Rajasthan was still under progress, directed
the NCTE to grant recognition for the academic session 2016-17
and communicate the same to the State within a week, with a
further direction that the concerned committee of the State
Government to allot students to the institutions, which are parties
to the Special Leave Petitions. It is therefore that the said order
was confined to those institutions, which were parties thereto.
However, Mr. Inderjeet Singh, learned Additional Advocate
General, submitted that he has instructions from the respondent
State that if the petitioners applied for grant of recognition for the
academic session 2017-18, the NOC shall be issued to them after
examining their cases by the State Government.
Mr. Shantanu Sharma, learned counsel for respondent NCTE,
(12 of 16)
[ CW-679/2017]
submitted that as far as NCTE is concerned, the recognition has
already been granted to the petitioners and nothing more is
required to be done at their end.
Ms. Anita Agarwal, learned counsel for the respondent
Coordinator, PTET, Kota University, submitted that third round of counselling has already taken place on 08.12.2016 for the academic session 2016-17 and the institutions, which were covered by the order of the Supreme Court dated 29.08.2016, were included in third round of counselling because of the specific order passed by the Supreme Court thereabout. It is contended that the academic course has already commenced and minimum 200 working days are required to be completed before a student can be permitted to appear in the final examination of B.Ed. Course. Therefore the petitioners may, if at all are considered, should be considered for the academic session 2017-18 for grant of NOC and allotment of students.
Learned counsel for petitioners rejoined and submitted that as far as those institutions with respect to whom the Supreme Court passed the order dated 29.08.2016 are concerned, they did not even have recognition from NCTE and in fact, they were granted recognition pursuant to direction issued by the Supreme Court. The case of the petitioners, who have already been granted recognition by the respondent NCTE, stand on much better footings than those. With regard to grant of NOC, even though the Supreme Court has, by authoritative pronouncement, now declared that the role of the State is very formal one and State is (13 of 16) [ CW-679/2017] not expected to obstruct the commencement of admission process and academic courses once recognition is granted and affiliation is found to be acceptable. The respondent State Government is still under the impression that they can stall the setting up of new B.Ed. Courses despite recognition by the NCTE. It is contended that affiliation will follow the recognition granted by the respondent NCTE and therefore the petitioners have not only been granted affiliation by the University concerned but have also been issued recognition by the NCTE. The approach of the State Government in refusing to grant NOC to the petitioners is clearly illegal and contrary to judgment of the Supreme Court in State of Rajasthan Vs. LBS B.Ed. College and Others, supra, and the National Council for Teacher Education (Recognition Norms and Procedure) Regulations, 2014.
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 (14 of 16) [ CW-679/2017] 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 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 (15 of 16) [ CW-679/2017] 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.
In these facts, the action of the respondent State in refusing to grant NOC to the petitioners institutions, relying on the order passed by the Supreme Court dated 29.08.2016, supra, cannot be said to be justified. That order was passed in the facts applicable to the institutions, which had approached the Supreme Court when it was informed that third round of counselling was still going on and the institutions were stated to have granted recognition on the direction of the Supreme Court. But in the present set of petitions the petitioners were already granted recognition by the NCTE. The ratio of the judgment of the Supreme Court dated 08.09.2016, supra, would therefore fully apply to the case of the petitioners. But, at the same time, the court is cognizant of the fact that third and last round of counselling has already taken place on 19.12.2016 and the students are required to take classes of minimum 200 working days. This court therefore does not deem it appropriate to direct the respondent State to grant NOC to petitioners and allot them students for the academic session 2016-17, however, in the facts (16 of 16) [ CW-679/2017] of the case, at the same time, the court direct that the respondent State Government shall take up the case of the petitioners- institutions afresh for issuance of NOC for academic session 2017- 18, without requiring them to file any separate application and their cases may be processed on the basis of applications already made by them and such NOC shall be issued well in advance before commencement of next academic session 2017-18, but in any case within six weeks from the date a copy of this order is produced before them, so that no further complications arise and the petitioners may not have to again approach this court. Thereafter, the stage of affiliation with the University concerned shall be gone into before the case of the petitioners-institutions are taken up by the Convener, PTET, for allotment of students in the academic session 2017-18.
Writ petitions are allowed in part in the manner indicated above. Stay applications, filed therewith, are also disposed off.
A copy of this order be placed in connected files.
(MOHAMMAD RAFIQ)J. //Jaiman//57-63 & 103 to 105