State Of Rajasthan vs Jmk Shikshan Sansthan
2021 Latest Caselaw 5267 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Spl. Appl. Writ No. 134/2021

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.

----Appellants Versus 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.

----Respondent

D.B. Spl. Appl. Writ No. 135/2021

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

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

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

----Appellants Versus 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.

                                                                  ----Respondent



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                  D.B. Spl. Appl. Writ No. 137/2021

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.

----Appellants Versus 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.

----Respondent

D.B. Spl. Appl. Writ No. 138/2021

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 2020 And Registrar, Education Department And Examinations Rajasthan, Bikaner, Education, Education Directorate Premises, Lalgarh, Bikaner.

----Appellants Versus 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.

                                           (3 of 7)                   [SAW-134/2021]


                                                                 ----Respondent


                   D.B. Spl. Appl. Writ No. 140/2021

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

----Appellants Versus 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.

----Respondent

For Appellant(s) : Mr M.S.Singhvi - A.G. (Through VC) Mr Pankaj Sharma - AAG Mr Rishi Soni - AAAG Mr Deepak Chandak - AGC For Respondent(s) : Mr C.S.Kotwani Mr B.S.Sandhu Mr Kuldeep Mathur

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE RAMESHWAR VYAS

Judgment / Order

24/02/2021

Mr C.S.Kotwani, Mr Kuldeep Mathur and Mr B.S.Sandhu

have appeared as caveator for respondent-institutions.

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These intra court appeals are preferred on behalf of the

State and others being aggrieved with the order dated 03.02.2021

passed by the learned Single Judge in a bunch of writ petitions,

whereby while admitting the writ petitions, the interim order has

been passed. The operative portion of the interim order reads as

under:

"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."

Assailing the validity of the interim order, Mr

M.S.Singhvi - learned Advocate General has submitted that the

order impugned virtually amounts to granting final relief to the

respondent-institutions, which is main prayer in the writ petitions.

It is argued that Hon'ble Supreme Court time and again has

deprecated the practice of granting interim orders, which amount

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to grant of final relief. It is further argued that the learned Single

Judge has stayed the effect and operation of the communication

dated 04.12.2020, written by the Principal Secretary, Department

of Education to NCTE asking to withdraw the recognition of

respondent-institutions, though the aforesaid order is not under

challenge in the writ petitions and none of the respondent-

institutions has requested for staying the said order.

It is also argued that it is settled position of law that

academic calendars shall not be disturbed by allowing of late

intake of students in the institutions. It is further submitted that

by allowing intake of students in an institution while disturbing the

academic calendar will not only create further complications but

might also have serious repercussions on the future of the

students, who ought to join such institutions.

Several other arguments regarding the merits of the

controversy involved in the writ petitions have been advanced.

Per contra, learned counsels appearing for the

respondent-institutions have argued that learned Single Judge has

not committed any illegality in passing the impugned order. It is

submitted that the learned Single Judge was convinced after

hearing the learned counsels for the parties and after going

through the rival pleadings that the action of the State of not

granting NOC to the respondent - institutions is without any

justification and in such circumstances, there is no illegality in

directing the State to permit the respondent-institutions to take

part in ensuing counseling of the petitioner for D.El.Ed Course and

also to conduct fresh counseling within a fixed time, so that all the

desirous students, who have cleared entrance examination may

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be accommodated on vacant seats available in the respondent-

institutions.

Learned counsels for the respondents have also argued

that so far as argument made on behalf of the appellant-State

regarding the academic calendar is concerned, it is submitted that

even after passing of the impugned order, the counseling for

admitting the students in D.El.Ed. Course was going on up to

20.02.2020, therefore, by passing of the order in favour of the

respondent-institutions, there is no question of any disturbance in

the academic calendar.

Learned counsels for the respondents have also argued

that there is no bar in issuing interim directions, if the court is

convinced that impugned action of a party is illegal or without any

justification.

Learned counsels for the respondents have also

advanced arguments in support of eligibility of the respondent-

institutions for conducting the D.El.Ed. Course.

Heard learned counsel for the rival parties at length.

In all the writ petitions filed on behalf of the

respondent-institutions, it is mainly prayed that the respondent-

institutions be allowed to conduct D.El.Ed. Course and the

appellant-respondents may kindly be directed to permit them to

admit the students in the aforesaid course.

The question regarding eligibility of the respondent-

institutions to conduct the course in question is still pending

before the learned Single Judge and in such circumstances, we are

of the opinion that without deciding the said question, it was not

appropriate for the learned Single Judge to pass the interim order,

which really amounts to grant of final relief. Hence, without going

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into the merits of the case, we deem it appropriate to set aside

the directions given by the learned Single Judge in the impugned

order to the extent of permitting the respondent-institutions to

take part in ensuing counseling for admission of students for

D.El.Ed. Course and of directing the State to conduct fresh

counseling within a period of two weeks to accommodate the

students, who have cleared entrance examination.

Ordered accordingly.

The learned Single Judge is requested to decide the

main writ petitions expeditiously as per his own discretion.

Resultantly, all these Special Appeals are disposed of.

A copy of this order be placed in all the files.

(RAMESHWAR VYAS),J (VIJAY BISHNOI),J

masif/-PS

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