Rajasthan High Court

Bhanwar Kanwar Sugan Singh ... vs The State Of Rajasthan on 15 February, 2021

Bench: Ashok Kumar Gaur

     HIGH COURT OF JUDICATURE FOR RAJASTHAN
                 BENCH AT JAIPUR

             S.B. Civil Writ Petition No.1712/2021

B.D.M.L Shikshan Sansthan, Through Its Secretary Mr. Ravinder
Kumar Son Of Shri Madan Lal Sharma, Aged About 41 Years,
Resident Of Village- Sohan Ki Dhani, Post- Harsora, Bansur,
Alwar (Rajasthan).
                                                                 ----Petitioner
                                Versus
1.    The State Of Rajasthan, Through Its Principal Secretary
      (School Education), Government Of Rajasthan, Main
      Building, Secretariat, R.no. 1212, 2Nd Floor, Jaipur-
      302005.
2.    Director, Elementary Education, Bikaner (Rajasthan).
3.    The Coordinator, Pre-              D.El.Ed-        2020,     Elementary
      Education, Bikaner.
4.    Western Regional Committee, National Council For
      Teacher Education, Through Its Regional Director, G-
      7,sector-10, Dwarka, Landmark - Near Metro Station
      Sector-10, Dwarka, Delhi - 110075.
                                                             ----Respondents

S.B. Civil Writ Petition No. 1717/2021

Royal Shikshak Prashikshan Centre, Kacholya Road, Chomu, District Jaipur Through Its Secretary Sundaram Son Of Shri Prabhati Lal, Aged About 50 Years, Resident Of Kacholya Road, Chomu, District Jaipur.

----Petitioner Versus

1. The State Of Rajasthan, Through Its Principal Secretary (School Education), Government Of Rajasthan, Main Building, Secretariat, R.no. 1212, 2Nd Floor, Jaipur- 302005.

2. Director, Elementary Education, Bikaner (Rajasthan)

3. The Coordinator, Pre - D.el.ed -2020, Elementary Education, Bikaner.

4. Western Regional Committee, National Council For Teacher Education, Through Its Regional Director, G-7, Sector-10, Dwarka, Landmark - Near Metro Station Sector-10, Dwarka, Delhi - 110075.

----Respondents

S.B. Civil Writ Petition No. 1734/2021

S.r. Bal Vidhya Mandir Samiti, Bhainsawa Through Its Secretary Harphool Choudhary Son Of Shri Sawai Ram, Aged About 39 Years, R/o Plot No. 412, Mata Ji Ki Dhani, Village- Bhainsawa,

(2 of 14) [CWP-1712/2021]

Tehsil- Phulera, Jaipur (Rajasthan).

----Petitioner Versus

1. The State Of Rajasthan, Through Its Principal Secretary (School Education), Government Of Rajasthan, Main Building, Secretariat, R.no. 1212, 2Nd Floor, Jaipur- 302005.

2. Director, Elementary Education, Bikaner (Rajasthan).

3. The Coordinator, Pre- D.El.Ed- 2020,elementary Education, Bikaner.

4. Western Regional Committee, National Council For Teacher Education, Through Its Regional Director, G- 7,sector-10, Dwarka, Landmark - Near Metro Station Sector-10, Dwarka, Delhi - 110075.

----Respondents

S.B. Civil Writ Petition No. 1735/2021

Bhane Sahaya Jankalyan Shikshak Sansthan, Jaipur Through Its Secretary Babu Lal Yadav S/o Harchand Yadav, Aged About 47 Years, R/o 147, Shiv Vatika, Hatoj, Jhotwara, District- Jaipur-303108 (Rajasthan).

----Petitioner Versus

1. The State Of Rajasthan, Through Its Principal Secretary (School Education), Government Of Rajasthan, Main Building, Secretariat, R.No. 1212, 2 nd Floor, Jaipur- 302005

2. Director, Elementary Education, Bikaner (Rajasthan)

3. The Coordinator, Pre- D.el.ed- 2020, Elementary Education, Bikaner

4. Western Regional Committee, National Council For Teacher Education, Through Its Regional Director, G- 7,sector-10, Dwarka, Landmark - Near Metro Station Sector-10, Dwarka, Delhi - 110075.

----Respondents

S.B. Civil Writ Petition No. 1780/2021

Bhanwar Kanwar Sugan Singh Shiksha Mahavidhyalaya, Run And Manage By Dhamana Sekha Sewa Trust Through Its Managing Trustee Vijendra Singh Son Of Shri Sugan Singh, Aged About 58 Years, Resident Of Plot No.194, Indrepura, Udaipurwati, District - Jhunjhunu Aipurwati, District Jhunjhunu (Rajasthan)

----Petitioner Versus

1. The State Of Rajasthan, Through Its Principal Secretary

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(School Education), Government Of Rajasthan, Main Building, Secretariat, R.no. 1212, 2Nd Floor, Jaipur- 302005.

2. Director, Elementary Education, Bikaner (Rajasthan).

3. The Coordinator, Pre- D.el.ed- 2020,elementary Education, Bikaner.

4. Western Regional Committee, National Council For Teacher Education, Through Its Regional Director, G- 7,sector-10, Dwarka, Landmark - Near Metro Station Sector-10, Dwarka, Delhi - 110075.

----Respondents

S.B. Civil Writ Petition No. 1790/2021

Regional Girls College, Udaipurwati, Jhunjhunu Run And Manage By Regional Sewa Samiti, Jhunjhunu, Rajasthan Through Its Secretary Shri Jagdish Prasad Saini Son Of Shri Chunni Lal Saini Aged About 43 Years, Resident Of Ward No. 10, Shakambhari Road, Udaipurwati, District Jhunjhunu (Rajasthan)

----Petitioner Versus

1. The State Of Rajasthan, Through Its Principal Secretary (School Education), Government Of Rajasthan, Main Building, Secretariat, R.no. 1212, 2Nd Floor, Jaipur- 302005.

2. Director, Elementary Education, Bikaner (Rajasthan).

3. The Coordinator, Pre- D.el.ed- 2020,elementary Education, Bikaner.

4. Western Regional Committee, National Council For Teacher Education, Through Its Regional Director, G- 7,sector-10, Dwarka, Landmark - Near Metro Station Sector-10, Dwarka, Delhi - 110075.

----Respondents

S.B. Civil Writ Petition No. 13048/2020 Tak Shiksha Niketan Girls B.s.t.c. College, Ajmer Through Secretary, Veer Singh Mahawar S/o Sh. Gabru Lal Mahawar (Mali), Aged About 84 Years, R/o Shastri Nagar, Ajmer (Rajasthan).

----Petitioner Versus

1. The State Of Rajasthan, Through Its Principal Secretary (School Education), Government Of Rajasthan, Main Building, Secretariat, R.no. 1212, 2Nd Floor, Jaipur-302005

2. Director, Elementary Education, Bikaner (Rajasthan)

3. The Coordinator, Pre- D.el.ed - 2020, Elementary

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Education, Bikaner

4. Western Regional Committee, National Council For Teacher Education, Through Its Regional Director, G- 7,sector-10, Dwarka, Landmark - Near Metro Station Sector-10, Dwarka, Delhi - 110075.

----Respondents

S.B. Civil Writ Petition No. 253/2021 Taj Memorial Teacher Training School, Village- Jagdishpura, Post- Sharund, Tehsil- Kotputli, District- Jaipur Through Its Secretary Dr. Suman Kumari Yadav Wife Of Shri Naveen Kumar Yadav, Aged About 36 Years, R/o Village- Jagdishpura, Post- Sharund, Tehsil- Kotputli, District- Jaipur (Rajasthan).

----Petitioner Versus

1. The State Of Rajasthan, Through Its Principal Secretary (School Education), Government Of Rajasthan, Main Building, Secretariat, R.no. 1212, 2Nd Floor, Jaipur- 302005.

2. Director, Elementary Education, Bikaner (Rajasthan).

3. The Coordinator, Pre- D.el.ed- 2020, Elementary Education, Bikaner.

4. Western Regional Committee, National Council For Teacher Education, Through Its Regional Director, G- 7,sector-10, Dwarka, Landmark - Near Metro Station Sector-10, Dwarka, Delhi - 110075.

----Respondents S.B. Civil Writ Petition No. 306/2021 Santosh Technical and Educational Development Society, through its Secretary Umesh Kumar Yadav S/o Vijay Singh Yadav, Aged About 35 Years, R/o Village Fatehpura Kalan, Tehsil Kotputli, District Jaipur - 303108

----Petitioner Versus

1. The State Of Rajasthan, Through Its Principal Secretary (School Education), Government Of Rajasthan, Main Building, Secretariat, R.no. 1212, 2Nd Floor, Jaipur- 302005.

2. Director, Elementary Education, Bikaner (Rajasthan)

3. The Coordinator, Pre- D.el.ed - 2020, Elementary Education, Bikaner.

4. Western Regional Committee, National Council For Teacher Education Through Its Regional Director, G-7, Sector-10, Dwarka, Landmark - Near Metro Station Sector - 10, Dwarka, Delhi - 110075.

----Respondents S.B. Civil Writ Petition No. 328/2021 Deepak Diploma Elementary T.T. College, Khasra No. 959, Nahar

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Road, Paota, Tehsil - Kotputli, District - Jaipur Rajasthan Through Its Secretary Mahesh Kumar Yadav Son Of Shri Bhoma Ram Yadav, Aged About 37 Years, R/o Khasra No. 959, Nahar Road, Paota, Tehsil.

----Petitioner Versus

1. The State Of Rajasthan, Through Its Principal Secretary (School Education), Government Of Rajasthan, Main Building, Secretariat, R.no. 1212, 2Nd Floor, Jaipur- 302005.

2. Director, Elementary Education, Bikaner (Rajasthan)

3. The Coordinator, Pre- D.el.ed-2020, Elementary Education, Bikaner.

4. Western Regional Committee, National Council For Teacher Education Through Its Regional Director, G-7, Sector-10, Dwarka, Landmark- Near Metro Station Sector-10, Dwarka, Delhi-110075.

----Respondents

For Petitioner(s) : Mr.M.S. Raghav, Adv. For Respondent(s) : Mr.Chiranji Lal Saini, AAG.

HON'BLE MR. JUSTICE ASHOK KUMAR GAUR Order

15/02/2021

This Court on 11.02.2021 asked learned Additional

Advocate General Mr.C.L. Saini to file an affidavit of Principal

Secretary, Department of School Education, Government of

Rajasthan with respect to counselling process, total number of

seats and availability of seats after second round of couselling for

granting admission in Diploma in Elementary Education (D.El. Ed.

Course).

Learned Additional Advocate General Mr.C.L. Saini has

filed the required affidavit.

This Court on 11.02.2021 had also observed that

prayer of granting interim relief, as per order dated 03.02.2021

passed by Principal Seat at Jodhpur in S.B. Civil Writ Petition

(6 of 14) [CWP-1712/2021]

No.13080/2020 (Mahaveer Education & Social Welfare

Trust College vs. The State of Rajasthan & Ors.) and other

connected writ petitions, was to be considered in the present

batch of writ petitions.

Learned counsel for the petitioners submitted that the

petitioners-Institutions were given recognition by the NCTE in

terms of Section 14(1)/15(1) of the NCTE Act, 1993 (hereafter

'the Act of 1993') and the petitioners-Institutions have been

conducting course of D.El.Ed. from the last many years.

Learned counsel submitted that the petitioners had

earlier filed writ petition before this Court and this Court had

directed the State Government to grant NOC and affiliation, while

keeping in mind the observations made in Sanskar T.T. College

Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition

No.679/2017).

Learned counsel submitted that after writ petitions

were decided by this Court, the respondent-State issued a letter

dated 04.12.2020 whereby on the basis of inspection carried out

in the petitioners-Institutions, the State recommended to the

NCTE for withdrawal of the recognition granted to the Institutions

as they did not fulfill the requisite conditions for grant of NOC,

further they did not have infrastructure.

Learned counsel submitted that initially this Court in

these matters had issued notices and further observed that the

letter dated 04.12.2020 will not be given effect.

Learned counsel for the petitioners submitted that

during pendency of the writ petition, since, counselling process

has been started and as such, the petitioners-Institutions are

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deprived to admit students and as such, prayer is made for

granting interim relief.

Learned counsel further submitted that the Principal

Seat at Jodhpur in the case of Mahaveer Education & Social

Welfare Trust College (supra) has passed the interim order after

hearing counsel for the State. The order passed by the Principal

Seat at Jodhpur is quoted as hereunder:-

"1.Mr. C. S. Kotwani and Mr. B. S. Sandhu, learned counsel for the petitioners - Institutions, submit that the petitioners - Institutions were issued a recognition by the NCTE in terms of Section 14(1)/15(1) of the NCTE Act, 1993 and has been conducting course of D.El.Ed. Since 2018.

2. It is informed by learned counsel for the petitioners that inspite of the recognition granted by NCTE, the respondent - State did not issue NOC in earlier year for which they were constrained to approach this Court by way of filing writ petitions, wherein initially interim orders were passed and ultimately they came to be allowed by this Court vide its order dated 11.11.2020.

3.While disposing of the petitioners' earlier writ petition, this Court had directed the respondents - State to grant the petitioners NOC and affiliation, while keeping in mind the observation made by this Court in Sanskar T. T. College Vs.State of Rajasthan & Ors (SB Civil Misc. Writ Petition No.679/2017).

4.Learned counsel for the petitioners submit that as per the decision granted in the case of Sanskar T. T. College (supra) and in view of the law laid down by Hon'ble Supreme Court in Maa Vaishno Devi Mahila Mahavidyalaya Vs. State of UtterPradesh & Ors. reported in (2013) 2 SCC 617 and State of Rajasthan Vs. LBS B.Ed.

College & Ors - reported in (2016)16 SCC 110, the State has no authority to conduct the enquiry once NCTE has granted recognition; it can refuse to grant NOC only in the case of laxity or lacunae in an Institution, which may be life threatening for the students; or there is drastic and inexcusable mistake or the

(8 of 14) [CWP-1712/2021]

recognition was obtained by fraud committed by the concerned Institution.

5.Upon perusal of the reply filed by the respondents and after hearing learned Additional Advocate General, this Court finds that no substantial irregularity has been pointed out from which it can be inferred that the life of the students pursuing courses in the concerned college is threatened or petitioners - Institution have fraudulently obtained the recognition.

6.Though certain discrepancies have been pointed out by the respondents, however, considering the petitioners' contention that firstly the State Government has no power to conduct inspection in light of judgments of Supreme Court/High Court and secondly that the inspection conducted in odd hours and that too without any notice to the petitioners, this Court is of the prima faice view that the communication/letter issued by the respondents to the NCTE to withdraw the petitioners' recognition is arbitrary and without any authority of law.

7.This being the position, the matters are admitted.

8.Mr. Manish Vyas, learned AAG, accepts notices on behalf of the respondents.

9.List these matters in the month of April, 2021.

10.Meanwhile, effect and operation of the communication dated04.12.2020, written by the Principal Secretary, Department of Education to the NCTE asking to withdraw their recognition, shall remain stayed.

11. The respondents shall permit the petitioners

- Institutions to take part in the ensuing counseling for admission of students for D.El.Ed. Course.

12.In the meanwhile, it will be required of the petitioners -Institutions to file response to the enquiry report so prepared and furnished by the respondents and try to meet the objections in accordance with law.

13.It is informed by the learned counsel for the petitioners that during pendency of the writ petitions, the respondent - State has conducted

(9 of 14) [CWP-1712/2021]

counseling, wherein the petitioners were not permitted and still many students, who have cleared entrance examination, are waiting for admission.

14.Hence, it is hereby directed that the respondent - State shall conduct fresh counseling in accordance with law, within a period of two weeks so that all desirous students having cleared entrance examination may be accommodated in vacant seats available in the colleges and/or petitioners - Institutions."

Learned counsel for the petitioners submitted that on

the ground of parity, this Court is also required to consider grant

of similar relief to the present petitioners.

Learned counsel further submitted that number of seats

which are filled by the respondent-State while giving admissions,

did not include the number of seats which are to be earmarked for

the petitioners-Institutions and as such, direction given by the

Principal Seat at Jodhpur will enable the petitioners-Institutions to

consider the candidates against vacant seats, available for the

petitioners-Institutions.

Learned counsel further submitted that, in past also,

counselling was conducted by the respondent-State in several

rounds and as such, learned counsel for the petitioners refer to

admission in 2018, where 5 rounds of counselling and in the year

2019, 6 round of counselling were also said to be conducted.

Learned AAG Mr.C.L. Saini has opposed the prayer of

grant of interim relief.

Learned AAG submitted that the order passed by the

Principal Seat in the case of Mahaveer Education & Social Welfare

Trust College (supra) is being assailed before the Division Bench

(10 of 14) [CWP-1712/2021]

and as such, this Court may not pass any order only on the basis

of interim order passed by the Single Bench at Jodhpur.

Learned AAG further submitted that relief which is

given by permitting the petitioners-Institutions to admit students

amounts to grant of final relief and as such, while exercising the

power under Article 226 of the Constitution of India, this Court

may not pass any interim order which may amount to final relief.

Learned AAG for the respondent-State further

submitted that the State Government has already made

recommendations to the NCTE for withdrawing the recognition of

the petitioners as they did not fulfill the requisite conditions and

further they did not have infrastructure to run the Institutions.

Learned AAG submitted that once the very basis of

having recognition from NCTE is dependent on granting NOC by

the State, the grant of relief to the petitioners-Institutions to give

admissions will be absolutely contrary to provisions of NCTE Act,

as well as power of the State Government to grant NOC to the

Institutions for imparting course of D.El. Ed.

Learned AAG further submitted that in the present

batch of writ petitions, the State Authorities had conducted the

inspection of institutions and they found that the requirements of

having complete infrastructure as per norms prescribed by the

State Government were not fulfilled and inspection report was

prepared in a thorough manner.

Learned AAG submitted that if these Institutions are

allowed to admit students by interim order, the very future of the

students/candidates who get admission in these institutions, will

be uncertain and this Court may not like to pass such order which

create uncertainty.

(11 of 14) [CWP-1712/2021]

Learned AAG further submitted that the Apex Court

time and again has laid down the law that in academic matters,

the High Courts should be loath in interfering and giving directions

to admit students may not be appropriate and the High Court

should decide the matters finally instead of passing interim order.

Learned AAG Mr.C.L. Saini on merits of the matter

submitted that as far as the process of admission is concerned,

the first round of counselling is said to be conducted and fees have

been already deposited upto 06.01.2021.

Learned counsel submitted that thereafter upward

movement of first round of counselling and second round of

counselling was conducted on 25.01.2021 and last date to report

was prescribed as 11.02.2021.

Learned counsel further submitted that after completion

of second round of counselling, more than 2% seats remained

vacant, so the third round of counselling was also held and as

such, in the present admission process, since more than 2% seats

remained vacant, the third round of counselling was conducted

and 937 students of General Category, 40 students of Sanskrit and

6 students of Alp Bhasha were allotted the Colleges on 11.02.2021

and the students have been directed to report for admission upto

19.02.2021.

Learned counsel submitted that the affidavit which has

been filed by the Secretary of the Department, specifically makes

an averment that after completion of entire process of counselling,

the candidates are not now available for allotment of seats and as

such, this Court is required to consider the present factual

scenario before passing of an interim order.

(12 of 14) [CWP-1712/2021]

Learned counsel submitted that correct facts were not

brought before the Principal Seat at Jodhpur with respect to the

number of seats and counselling being conducted and as such,

this Court since apprised of all the factual aspects, needs to

consider whether the same order should be followed by this Court

or not.

I have heard learned counsel for the parties.

This Court finds that direction which has been given by

Principal Seat at Jodhpur is passed after hearing both the sides

i.e. State as well as learned counsel for the petitioners. This Court

further finds that the direction has been given by Principal Seat at

Jodhpur by keeping in mind the background of the case in which

these institutions had earlier approached the Court and only on a

very insignificant shortcoming, the Inspection report is said to be

prepared and petitioners-Institutions have been rendered ineligible

to get NOC or to make admissions.

This Court further finds that the Principal Seat at

Jodhpur has observed that if the College has fraudulently obtained

recognition or the inspection of the Institutions is life threatening

for the students and there is a drastic and inexcusable mistake in

such eventuality, the Court would not have passed the order of

permitting the petitioners-Institutions to have a fresh round of

counselling.

This Court finds that the objection of learned AAG

Mr.C.L. Saini is to be kept in mind while passing the order by this

Court, however, this Court also needs to follow the order which is

passed by the Coordinate Bench.

It goes without saying that if any order is passed by the

Division Bench or Higher Court, all the Courts would be bound to

(13 of 14) [CWP-1712/2021]

follow the same and as such, the petitioners will also have the

same effect.

This Court finds that the counselling schedule which has

been given by learned AAG reflects that counselling process has

been over as per the specific stand of the State and learned AAG

Mr.C.L. Saini also refers to Clause No.11 of the order dated

19.05.2020 whereby it is specifically stated that after second

round of counselling, no further counselling will be held.

This Court without doubting about the power of the

State to decide in what manner, counselling is to be done or how

many rounds of counselling are to be conducted, deems it proper

to follow the order passed by the Principal Seat at Jodhpur and

accordingly, directions which have been given in the case of

Mahaveer Education & Social Welfare Trust College (supra) will

also be followed in the present case of the petitioners. The

directions are reproduced as hereunder :-

"10.Meanwhile, effect and operation of the communication dated04.12.2020, written by the Principal Secretary, Department of Education to the NCTE asking to withdraw their recognition, shall remain stayed.

11. The respondents shall permit the petitioners

- Institutions to take part in the ensuing counseling for admission of students for D.El.Ed. Course.

12.In the meanwhile, it will be required of the petitioners -Institutions to file response to the enquiry report so prepared and furnished by the respondents and try to meet the objections in accordance with law.

13.It is informed by the learned counsel for the petitioners that during pendency of the writ petitions, the respondent - State has conducted counseling, wherein the petitioners were not permitted and still many students, who have

(14 of 14) [CWP-1712/2021]

cleared entrance examination, are waiting for admission.

14.Hence, it is hereby directed that the respondent - State shall conduct fresh counseling in accordance with law, within a period of two weeks so that all desirous students having cleared entrance examination may be accommodated in vacant seats available in the colleges and/or petitioners - Institutions."

List all these matters on 08.03.2021 for final disposal at

this stage along-with the connected cases, except S.B. Civil Writ

Petition Nos.13050/2020, 13051/2020, 13052/2020 &

13053/2020 which have been decided today.

Learned AAG Mr.C.L. Saini is free to make his

submission for final disposal of these issues.

S.B. Civil Writ Petition No. 253/2021:-

An application under Article 226(3) of the Constitution

of India has been filed by the respondent-State for vacation of

interim order dated 12.01.2021 passed by this Court.

As this Court has already passed this order in S.B. Civil

Writ Petition No.1712/2021, the application filed by the

respondent-State for vacating the interim order is hereby

dismissed.