Rajasthan High Court
Galaxy College Of Education vs State Of Rajasthan on 20 December, 2021
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 14680/2021
Galaxy College Of Education, Shrimadhopur, Dist.- Sikar,
Rajasthan, Through Its Director, Ram Chandra Singh Son Of Shri
Sukha Ram, Aged 45 Years, Resident Of Ward No. 22,
Shrimadhopur, Dist.- Sikar, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary To
Government Of 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. Prahlad Sharma, Adv.
For Respondent(s) : Ms. Shweta Pareek, Adv.
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR
Order
20/12/2021
Learned counsel for the petitioner submits that the
controversy involved in the present writ petition relates to
issuance of impugned order dated 28.11.2021, is decided by the
Principal Seat at Jodhpur in S.B. Civil Writ Petition
No.2359/2021 (Surender Kaur Memorial College of Higher
Education Versus State of Rajasthan & Ors.), and other
connected writ petitions vide common order dated 23.10.2021.
(2 of 3) [CW-14680/2021]
Learned counsel for the petitioner submits that the Jaipur
Bench has also decided the similar controversy in S.B. Civil Writ
Petition No.4063/2021 (SRN School of Education Versus
State of Rajasthan & Ors.) & other connected writ petitions,
vide order dated 08.04.2021.
Learned counsel Ms. Shweta Pareek appearing for the
respondent does not dispute the said fact.
The relevant portion of the order passed in the case of
Surender Kaur Memorial College of Higher Education Versus State
of Rajasthan & Ors., (supra) is quoted as hereunder:-
"38. Various judgments have been relied
upon by rival parties with regard to the
powers of the state and consequential
effect on the policy decision dated
20.07.2021. Having gone through them
and in light of the discussion foregoing
and considering that the Coordinate
Bench of this Court in somewhat identical
factual and legal backdrop, has allowed
the writ petitions filed by the institutions,
holding that the state has no power to
conduct inspection and to refuse grant of
staff approval, this Court is persuaded to
allow these writ petitions.
39. The writ petitions, therefore,
succeed.
40. The affiliating authority, namely,
State of Rajasthan or the respondent-
University (as the case may be) are
hereby directed to carry out the exercise
of granting staff approval. The requisite
exercise be done latest by 20.11.2021,
obviously after being satisfied about the
(3 of 3) [CW-14680/2021]
norms set by the NCTE/competent
authority in this regard. Acceptance or
rejection be intimated to all concerned."
This Court accordingly disposes of the present writ petition in
view of the order passed by the Principal Seat at Jodhpur in the
case of Surender Kaur Memorial College of Higher Education
Versus State of Rajasthan & Ors. (supra). The directions so issued
in the said case will be applied mutatis mutandis to the present
petition.
(ASHOK KUMAR GAUR),J
Ramesh Vaishnav /86
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