Rajasthan High Court

Srn School Of Education vs State Of Rajasthan on 8 April, 2021

Bench: Sanjeev Prakash Sharma

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                    S.B. Civil Writ Petition No. 4063/2021

Srn School Of Education, Kanwat, Neemkathana, Sikar Through
Its Vice President Manoj Kataria Son Of Damodar Lal, Age 42
Years, Resident Of Plot Number 9, Near Mother Grace School,
Dadu Marg, Tonk Phatak Jaipur.
                                                                       ----Petitioner
                                       Versus
1.        State Of Rajasthan, Through Principal Secretary To
          Government, School Education Department , Secretariat,
          Jaipur.
2.        Director, Directorate Of Elementary Education, Bikaner.
3.        National Council For Teacher Education, G-7, Sector-10,
          Dwarka, Landmark - Near Metro Station, New Delhi,
          Through Its Member Secretary.
4.        Western Region Committee Of The National Council For
          Teacher Education, G-7, Sector-10, Dwarka, Landmark -
          Near Metro Station, New Delhi,through Its Regional
          Director.
                                                                    ----Respondents

Connected With S.B. Civil Writ Petition No. 2223/2021 Astha College Of Education, Kanwarpura, Kotputli, Jaipur Through Its Secretary Mehar Singh Yadav Son Of Bhagwan Sahay Yadav, Age 46 Years, Resident Of Kanwarpura, Kotputli, Jaipur.

----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary To Government, School Education Department, Secretariat, Jaipur.

2. Director, Directorate Of Elementary Education, Bikaner.

3. National Council For Teacher Education, G-7, Sector-10, Dwarka, Landmark - Near Metro Station, New Delhi, Through Its Member Secretary.

4. Western Region Committee Of The National Council For Teacher Education, G-7, Sector-10, Dwarka, Landmark -

(2 of 5) [CW-4063/2021]

Near Metro Station, New Delhi,through Its Regional Director.

----Respondents S.B. Civil Writ Petition No. 2226/2021 K.b.s. Stc College, Sewar, Bharatpur, Through Its Chairperson Bhim Singh S/o Padam Singh, Age 62 Years , Resident Of House Number- 1, Jagdamba Colony, Opposite Rajul Augusta, Neel Padam Sarovar Marg, Vaishali Nagar, Jaipur(Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary To Government, School Education Department, Secretariat, Jaipur.

2. Director, Directorate Of Elementary Education, Bikaner.

3. National Council For Teacher Education, G-7, Sector-10, Dwarka, Landmark - Near Metro Station, New Delhi, Through Its Member Secretary.

4. Western Region Committee Of The National Council For Teacher Education, G-7, Sector-10, Dwarka, Landmark - Near Metro Station, New Delhi,through Its Regional Director.

----Respondents S.B. Civil Writ Petition No. 2230/2021 Shri Dwarika Prasad Girls Stc College, Sarsena, Wair, Bharatpur, Through Its Secretary Santosh Kumar Son Of Shri Dwarika Prasad, Aged About 37 Years, Resident Of Village And Post Hantra, Tehsil Nadbai, District Bharatpur(Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary To Government, School Education Department, Secretariat, Jaipur.

2. Director, Directorate Of Elementary Education, Bikaner.

3. National Council For Teacher Education, G-7, Sector-10, Dwarka, Landmark - Near Metro Station, New Delhi, Through Its Member Secretary.

4. Western Region Committee Of The National Council For Teacher Education, G-7, Sector-10, Dwarka, Landmark -

(3 of 5) [CW-4063/2021]

Near Metro Station, New Delhi,through Its Regional Director.

----Respondents S.B. Civil Writ Petition No. 2231/2021 Choudhary Teacher Training College, Sangteda, Kotputli, Jaipur Rajasthan, Through Its Secretary Santosh Wife Of Shri Satveer Singh, Aged About 35 Years, Resident Of Sangteda, Kotputli, District Jaipur(Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary To Government, School Education Department , Secretariat, Jaipur.

2. Director, Directorate Of Elementary Education, Bikaner.

3. National Council For Teacher Education, G-7, Sector-10, Dwarka, Landmark - Near Metro Station, New Delhi, Through Its Member Secretary.

4. Western Region Committee Of The National Council For Teacher Education, G-7, Sector-10, Dwarka, Landmark - Near Metro Station, New Delhi,through Its Regional Director.

----Respondents

For Petitioner(s) : Mr. Vijay Poonia For Respondent(s) : Mr. C.L. Saini, AAG Ms. Shweta Pareek

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Order

08/04/2021

Learned Additional Advocate General, Mr. C.L. Saini, who was

supplied the copy of the order passed by the Coordinate Bench,

wants further time.

(4 of 5) [CW-4063/2021]

This Court finds that the order dated 17.03.2021 has been

passed by the Coordinate Bench after recording the statement of

the AAG.

Learned Additional Advocate General, Mr. C.L. Saini at Jaipur

cannot take a different stand which has already been recorded by

the AAG of Jodhpur.

Learned counsel for the petitioner has passed over a copy of

the judgment passed by the Principal Seat, Jodhpur in SBCWP

No.2676/2021 : Murli Singh Yadav versus State of

Rajasthan & Anr. and connected writ petitions decided on

17.03.2021 wherein the Court found that the controversy as

raised in the present petitions has been adjudicated upon and

following order has been passed as under:-

"In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.

Learned counsel for the petitioners submits that the petitioners, who are the Educational Institutes, fulfilling all mandatory conditions of the Act of 1993 and Rules of 1997. He further submits that the petitioners were eligible for grant of recognition to increase the seats in Diploma in Elementary Education (D.El.Ed.) preferred online applications before the NCTE. He also submits that the NCTE issued Letter of Intent as per Clause 7 sub-clause 13 of the National Council for Teacher Education Regulations, 2014, which is Annexure 3 dated 22.01.2021. He further submits that the petitioners were however, did not give the staff approval in pursuance of Letter of Intent.

Upon being asked, learned AAG submits that there is no policy or no conscious decision by the State, in which, staff approval has been denied and moreover, in

(5 of 5) [CW-4063/2021]

reply, the State is not in a position to justify the non- consideration of the petitioners by any reason.

Learned counsel for NCTE assures this Court that once the regulations are fulfilled, appropriate consideration for grant of permission shall be made.

In light of such limited submission made by the parties and in light of the inability of the State to provide with any reason for not giving the staff approval, the present petitions are disposed of with the direction to the petitioners to make fresh application sseeking staff approval. Such applications shall be considered by the State and the State shall be required to pass a speaking order within a period of 30 days from today strictly in accordance with law. After such orders are passed, appropriate consideration shall be made by the NCTE for granting the approval to the respondents if so required. Stay applications as well as all pending applications also stand disposed of accordingly."

Learned counsel also prays for a similar order in the present

petitions and limits his submissions only to the aforesaid extent.

In view thereof, the approval of staff cannot be denied

without there being any subsequent reason. I am inclined to follow

the judgment passed by the Coordinate Bench as above and direct

that the order as quoted above shall be mutatis mutandis apply to

the present petitions. The period as laid down in the aforesaid

order shall apply to the present cases from today.

(SANJEEV PRAKASH SHARMA),J

SAURABH YADAV /670/117-121