Shreenath Bstc School vs State Of Rajasthan
2021 Latest Caselaw 19536 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 17959/2021

Shreenath Bstc School, Parental Body Samudayik Siksha Prasar Samiti, Udaipur, 17- 18 Madhav Colony, Ganesh Nagar, Udaipur Through Its Chairman Pankaj Choudhary S/o Sh. Basanti Lal Choudhary, Aged About 41 Years, Resident Of 17- 18 Machav Colony, Ganesh Nagar, Udaipur (Raj.)

----Petitioner Versus

1. State Of Rajasthan, Through The Principal Secretary, Department Of Elementary Education, Secretariat, Jaipur.

2. The Director, Elementary Education, Rajasthan, Bikaner.

3. The Coordinator, Pre-D.el.ed. Exam - 2021 And Registrar, Education Departmental Examinations, Rajasthan, Bikaner.

4. National Council For Teachers Education, Through Its Member Secretary, Wing-2, Hans Bhawan, Bahadur Shah Jafar Marg, New Delhi.

----Respondents

For Petitioner(s) : Mr. Pankaj Choudhary, petitioner in person For Respondent(s) : Mr. Pankaj Sharma, AAG Mr. Deepak Chandak

JUSTICE DINESH MEHTA

Order

21/12/2021

1. Mr. Pankaj Sharma, learned AAG appears on behalf of the

respondents pursuant to advance copy being served upon him.

2. Dr. Pankaj Choudhary, Chairman of the petitioner-

Institution submits that the controversy involved in the present

writ petition is squarely covered by a decision dated 23.10.2021

rendered by this Court in SBCWP No.13291/2020, Dhapubai

(2 of 3) [CW-17959/2021]

Bstc College Vs. State of Rajasthan & Ors, where this Court

has held thus:-

"12. In view of what has been noticed above and following the reasoning given in the judgment of even date in a batch of writ petitions led by S.B. Civil Writ Petition No.2359/2021 (Surender Kaur Memorial College of Higher Education Vs. State & Ors.), the present writ petitions are allowed.

13. The respondent state/Director, Education is directed to permit the petitioners institutions to take part in the counseling to be conducted for the admission of the students in D.El. Ed. Course for academic year 2021-22 and onwards.

14. The stay applications also stand disposed of accordingly.

15. At this stage, Mr. Sharma, learned Additional Advocate General submitted that there are many irregularities or deficiencies in the institutions and thus some check should be allowed to be kept by the state.

16. In the opinion of this Court, even if the state has found certain deficiencies or lack of facilities, it is required of the state government to intimate the NCTE in this regard. This Court is sure that the NCTE will take appropriate action against such institution in accordance with law. But, on the pretext of the discrepancies, the state, at its own, cannot deny the petitioners their right to carry on the courses."

3. Mr. Pankaj Sharma, learned AAG, is not in a position to

dispute the aforesaid position of facts and law and upon Court's

query, he informs that the counseling shall continue till

31.12.2021.

4. In view of the aforesaid, the present writ petition is

disposed of in terms of judgment rendered in case of Dhapubai

(3 of 3) [CW-17959/2021]

(supra) and the competent authority of the State is directed to

issue 'NOC' to the petitioner, in accordance with law by

tomorrow.

5. The petitioner shall thereafter be permitted to take part in

the ongoing counseling.

6. It will be required of the Institution to approach the

concerned authority along with a web copy of this order for

getting the NOC.

7. Stay application also stands disposed of accordingly.

(DINESH MEHTA),J

8-pooja/-

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