Rajasthan High Court - Jodhpur
Asian College Of Education vs National Council For Teacher ... on 10 March, 2021
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 3615/2021
Asian College Of Education, Through Asian Education Society,
Badi Madni Road, Girwa, Udaipur Through Secretary Shri S.c
Ajmera S/o Shri Baachraj Ajmera, Aged About 65 Years, R/o Plot
No. 2800/156, Near Police Anveshan Bhawan, Badi Mandi Road,
Girwa, Udaipur, Rajasthan 313004.
----Petitioner
Versus
1. National Council For Teacher Education, New Delhi,
Trough Its Chair Person Shri Hans Bhawan, Wing-Ii, 1,
Bahadur Shah Zafar Marg, New Delhi.
2. The Western Regional Committee, National Council For
Teacher Education Through Its Regional Director, G-7,
Sector-10, Near National Highway Authority, Dwarka, New
Delhi.
----Respondents
For Petitioner(s) : Mr. Pravin Vyas
For Respondent(s) : Mr. Vivek Shrimali
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
10/03/2021
In wake of onslaught of COVID-19, abundant caution is being
taken while hearing the matters in Court.
Learned counsel for the parties agree that the matter is
squarely covered by the judgment rendered by this Hon'ble Court
in S.B. Civil Writ Petition No.14969/2017 (Rahat Seva
Sansthan Suratgarh Vs. National Council for Teacher
Education & Anr.) decided on 17.02.2018. The order dated
17.02.2018 reads as under :-
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(2 of 3) [CW-3615/2021]
"The prayer in the present writ petition is to set aside the
order dated 2.5.2017 and consider the application filed
by the petitioner.
It is stated that the application was filed on
12.07.2016. However, the said application was filed
without the requisite NOC. The NOC was received on
5.4.2017. The petitioner immediately submitted the NOC
on the said date. However, the respondents rejected the
application on the ground that petitioner did not file any
reply to the show cause notice and nor any NOC had been
received by them.
Heard.
It is specifically stated in the petition that the NOC
was received by the petitioner on 5.4.2017 and
immediately thereafter the said NOC was submitted.
Copy of the NOC has also been placed on record as
Annexure-4. The petitioner had applied for allotment of
Integrated 04 years B.Ed. degree course for the
academic session 2017-18. The NOC having been
received after the last date of consideration by the
Committee, no direction can be issued to consider the
application for the year 2017-18. However, there is no
impediment in the way of the respondents to consider
the said application of the petitioner for the subsequent
year of 2018-19 in view of the fact that the NOC has long
been obtained and also received by the appropriate
authority.
The learned Single Bench of the Delhi High Court
allowed the similar writ petition being W.P.
(c)No.3231/2016 on 23.02.2017 and remanded the
matter back to the appellate authority to consider the
appeal of the respondent afresh by taking into
consideration the NOC. The National Council for Teacher
Education & Anr. filed LPA No.535/2017 against the order
of the learned Single Judge. The said LPA was dismissed
vide order dated 9.8.2017 with a direction to the NCTE to
positively comply with the decision of the learned Single
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(3 of 3) [CW-3615/2021]
Judge in the very first meeting of the Appellate Authority.
The Special Leave Petition (C) No.42238/2017 against the
order dated 9.8.2017 also stands dismissed on
25.01.2018.
In view of the above, there is no inhibition in disposing
of the present writ petition with a direction to the
respondent-authority to reconsider the application of the
petitioner for allotment of Integrated 04 years B.Ed.
Degree course to the petitioner Institution for the session
2018-19 in the next meeting to be held by the Committee
so constituted."
In light of the aforequoted judgment, the present writ
petition is disposed of in the same terms. Stay Petition also stands
disposed of accordingly.
(DR.PUSHPENDRA SINGH BHATI),J.
189-Zeeshan
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