Rajasthan High Court - Jodhpur
Choudhary Bstc Edu. Institute vs State Of Rajasthan on 25 March, 2021
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 5340/2021
Choudhary Bstc Edu. Institute, Sadulpur, Dist. Churu Through
Secretary Of Swami Vivekanand Public School Society, Kalri,
Dist. Churu (Rajasthan) Pradeep Kumar S/o Shri Hari Singh, Age
About 45 Years, R/o Kalri Tehsil Rajgarh, District Churu.
----Petitioner
Versus
1. State Of Rajasthan, Through Director, Elementary
Education , Education Directorate, Bikaner.
2. The Western Regional Committee, National Council For
Teachers Education Through Its Under Secretary, Plot No.
G-7, Sector 10, Near National Highway Authority, Dwarka,
New Delhi.
----Respondents
For Petitioner(s) : Mr. Vikas Bijarnia
For Respondent(s) : Mr. Manish Vyas, AAG
Mr. Vivek Shrimali (on VC)
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
25/03/2021
In wake of onslaught of COVID-19, abundant caution is being
taken while hearing the matters in Court.
Learned counsel for the parties jointly submit that the matter
is squarely covered by the judgment passed by this Court in the
case of Murli Singh Yadav Memorial Prashikshan Sansthan
Vs. State of Rajasthan & ors. (S.B. Civil Writ Petition
No.2676/2021) decided on 17.03.2021 alongwith other
connected matters. The order dated 17.03.2021 reads as under :-
"In wake of onslaught of COVID-19, abundant
caution is being taken while hearing the matters in Court.
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Learned counsel for the petitioners submits that the
petitioners, who are the Educational Institutes, fulfilling
all mandatory conditions of the Act of 1993 and Rules of
1997. He further submits that the petitioners were
eligible for grant of recognition to increase the seats in
Diploma in Elementary Education (D.El.Ed.) preferred
online applications before the NCTE. He also submits that
the NCTE issued Letter of Intent as per Clause 7 sub-
clause 13 of the National Council for Teacher Education
Regulations, 2014, which is Annexure 3 dated
22.01.2021. He further submits that the petitioners were
however, did not give the staff approval in pursuance of
Letter of Intent.
Upon being asked, learned AAG submits that there
is no policy or no conscious decision by the State, in
which, staff approval has been denied and moreover, in
reply, the State is not in a position to justify the non-
consideration of the petitioners by any reason.
Learned counsel for NCTE assures this Court that
once the regulations are fulfilled, appropriate
consideration for grant of permission shall be made.
In light of such limited submission made by the
parties and in light of the inability of the State to provide
with any reason for not giving the staff approval, the
present petitions are disposed of with the direction to the
petitioners to make fresh applications seeking staff
approval. Such applications shall be considered by the
State and the State shall be required to pass a speaking
order within a period of 30 days from today strictly in
accordance with law. After such orders are passed,
appropriate consideration shall be made by the NCTE for
granting the approval to the respondents if so required.
Stay applications as well as all pending applications also
stand disposed of accordingly."
In light of the aforequoted judgment and in light of such
limited submission made by the parties and in light of the inability
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of the State to provide with any reason for not giving the staff
approval, the present petition is disposed of with the direction to
the petitioner to make fresh application seeking staff approval.
Such application shall be considered by the State and the State
shall be required to pass a speaking order within a period of 30
days from today strictly in accordance with law. After such orders
are passed, appropriate consideration shall be made by the NCTE
for granting the approval to the respondents if so required.
Stay applications as well as all pending applications also
stand disposed of accordingly
(DR.PUSHPENDRA SINGH BHATI),J.
149-Sudheer/-
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