Mahaveer Education And Social ... vs The State Of Rajasthan
2021 Latest Caselaw 2905 Raj

(1 of 7) [CW-13080/2020]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR (1) S.B. Civil Writ Petition No. 13080/2020

Mahaveer Education And Social Welfare Trust College, Parental Body Mahaveer Educational And Welfare Trust 84/22, Kulpi Road, Tehsil And P.o. New Gharsana, District Sriganganagar, Through Its Secretary Satpal Swami S/o Shri Om Prakash Swami Aged About 51 Years, Resident Of 84/22, Kulpi Road, Tehsil And P.o. New Gharsana, District Sriganganagar.

----Petitioner Versus

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

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

3. The Deputy Secretary, Elementary Education, Jaipur.

4. The Coordinator, Pre-D.el.ed. Exam 2020 And Registrar, Education Department And Examinations Rajasthan, Bikaner, Education, Education Directorate Premises, Lalgarh, Bikaner.

----Respondents Connected With (2) S.B. Civil Writ Petition No. 13107/2020 Surendra Kaur Memorial Teacher Training College, Parental Body Surendra Kaur Memorial Educational And Social Welfare Sanstha, Murabba No. 86, Street No. 3 Dd Road, Village 24 B.b., Tehsil Padampur District Sri-Ganganagar Through Its Secretary Harvinder Singh S/o Shri Sarvan Singh Aged About 48 Years, Resident Of 10 Sjm, Tehsil Anoopgarh, District Sri-Ganganagar.

----Petitioner Versus

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

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

3. The Deputy Secretary, Elementary Education, Jaipur.

4. The Coordinator, Pre-D.el.ed. Exam 2020 And Registrar, Education Department And Examinations Rajasthan,

(2 of 7) [CW-13080/2020]

Bikaner, Education, Education Directorate Premises, Lalgarh, Bikaner

----Respondents (3) S.B. Civil Writ Petition No. 13119/2020 Patel Co Education Teacher Training College, Parental Body Patel Educational And Social Welfare Trust, Kila No. 24, 25 And 64/67, Chak 3Str, Tehsil Gharsana, District Sriganganagar Through Its Secretary Nihal Chand S/o Shri Ranjeet Ram, Aged About 64 Years, R/o Nai Mandi, Gharsana, District Sriganganagar.

----Petitioner Versus

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

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

3. The Coordinator, Pre - D.el.ed. Exam 2020 And Registrar, Education Department And Examinations Rajasthan, Bikaner, Education, Education Directorate Premises, Lalgarh, Bikaner.

----Respondents (4) S.B. Civil Writ Petition No. 13120/2020 Mahaveer Jain Vidhyalaya Sansthan, Plot No. 554/1, Village Badgaon, Vallabh Nagar, District Udaipur, Through Its Secretary Ashish Vaya S/o Sh. Himmat Lal Vaya, Aged About 33 Years, R/o 143 Tegor Nagar, Hiran Magri, Sec 4, Udaipur.

----Petitioner Versus

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

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

3. The Coordinator, Pre - D.el.ed. Exam 2020 And Registrar, Education Department And Examinations Rajasthan, Bikaner, Education, Education Directorate Premises, Lalgarh, Bikaner.

----Respondents (5) S.B. Civil Writ Petition No. 13163/2020 Marwar Shikshak Parikshan Mahavidhyalaya, Parental Body

(3 of 7) [CW-13080/2020]

Mayurakshi Shikshak Avam Vikas Sansthan, Magra-Punjla, Jodhpur Through Its Secretary Atul Sankhla S/o Shri Sanwal Singh Sankhla, Aged 40 Years, Resident Of Magra-Punjla, Jodhpur.

----Petitioner Versus

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

2. The Deputy Secretary, Elementary Education, Jaipur.

3. The Director, Elementary Education Rajasthan, Bikaner.

4. The Coordinator, Pre-D.el.ed. Exam And Registrar, Education Department And Examinations Rajasthan, Bikaner, Education Directorate Premises, Lalgarh, Bikaner.

----Respondents (6) S.B. Civil Writ Petition No. 13182/2020 Global Education Institute, Plot No. 1065/409, Village Dedwa Khurd, N.h. 68, P.o. Jakhal, Tehsil Sanchore, District Jalore Parental Body Global Education Society, Plot No. 04, Vishnoi Dharmshala, P.w.d. Road, Sanchore, Tehsil Sanchore, District Jalore Through Its Secretary Smt. Sharwan Bishnoi W/o Surender Sahu, Aged 37 Years, R/o Village Dawal, Tehsil Chitalwana, District Jalore.

----Petitioner Versus

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

2. The Deputy Secretary, Elementary Education, Jaipur.

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

4. The Coordinator, Pre-D.ei.ed. Exam And Registrar, Education Department And Examinations Rajasthan, Bikaner, Education Directorate Premises, Lalgarh, Bikaner.

----Respondents (7) S.B. Civil Writ Petition No. 13199/2020 Maa Karni Bstc, Village Nal, Tehsil And District Bkaner Parental Body New Millenium Public Samiti, Village Nal , Tehsil And District Bikaner Through Its Secretary Sangeeta Vyas W/o Manak Chand Vyas, Aged About 49 Years, Resident Of Outside Jassusar Gate, Bikaner.

                                         (4 of 7)                   [CW-13080/2020]


                                                                    ----Petitioner
                                   Versus

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

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

3. The Coordinator, Pre-D.el.ed. Exam 2020 And Registrar, Education Department And Examinations Rajasthan, Bikaner, Education, Education Directorate Premises, Lalgarh, Bikaner.

----Respondents (8) S.B. Civil Writ Petition No. 13214/2020 Jmk Shikshan Sansthan, Parental Body Jai Marudhar Kesari Educational And Welfare Society, Near Ganesh Temple, Sikhwalon Ka Mohalla, Village And Post Office Merta City, Tehsil Merta, District Nagaur Through Its Secretary Anil Kumar S/o Shri Ram Chandra Choudhary, Aged 39 Years, Resident Of Near Ganesh Temple, Sikhwalon Ka Mohalla, Village And Post Office Merta City, Tehsil Merta, District Nagaur.

----Petitioner Versus

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

2. The Deputy Secretary, Elementary Education, Jaipur.

3. The Director, Elementary Education Rajasthan, Bikaner.

4. The Coordinator, Pre-D.el.ed. Exam And Registrar, Education Department And Examinations Rajasthan, Bikaner, Education Directorate Premises, Lalgarh, Bikaner.

----Respondents (9) S.B. Civil Writ Petition No. 13291/2020 Smt. Dhapubai Bstc College, Vikram Nagar, Bomadara Road, Pali Through Its Secretary Gunesh Rawal S/o Varda Rawa, Aged 42 Years, R/o Bomadara Road, Pali

----Petitioner Versus

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

2. The Deputy Secretary, Elementary Education, Jaipur.

(5 of 7) [CW-13080/2020]

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

4. The Cooridinator, Pre-D.ei.ed. Exam And Registrar, Education Department And Examinations Rajasthan, Bikaner, Education Directorate Premises, Lalgarh, Bikaner.

                                                                ----Respondents


For Petitioner(s)        :     Mr. C. S. Kotwani
                               Mr. B. S. Sandhu
For Respondent(s)        :     Mr. Manish Vyas, AAG assisted by
                               Mr. Kailash Choudhary



                    JUSTICE DINESH MEHTA

                                    Order

03/02/2021

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).

(6 of 7) [CW-13080/2020]

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 Utter

Pradesh & 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 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.

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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 dated

04.12.2020, 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 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.

(DINESH MEHTA),J 193-A.Arora/-

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