Rajasthan High Court

B.D.M.L Shikshan Sansthan vs The State Of Rajasthan on 6 October, 2021

Bench: Sanjeev Prakash Sharma

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

                  (1) 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

Connected With (2) S.B. Civil Writ Petition No. 9420/2019 Bhane Sahaya Kalyan Shikshak Sansthan, Jaipur Through Its Secretary Shri Babu Lal Yadav S/o Shri Harchand Yadav, Aged About 46 Years, R/o 147, Shiv Vatika, Hatoj, Jhotwara, 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- 2019-20, Elementary Education, Bikaner

4. Northern Regional Committee, National Council For Teachers Education Through Its Regional Director, Jeevan

(D.B. SAW/284/2021 and 9 more have been filed in this matter. Please refer the same for further orders)

(2 of 50) [CW-1712/2021]

Nidhi - Ii, Lic Building, Jaipur.

----Respondents (3) S.B. Civil Writ Petition No. 10550/2019 Siddarth College Of Education, Bilwa, Sanganer, Jaipur, Through Its Secretary Santara Meena Wife Of Shri Mukesh Meena, Aged About 35 Years, Resident Of 8-254, 18-B Scheme, Gopalpura Byepass, Jaipur (Rajasthan).

----Petitioner Versus

1. The State Of Rajasthan, Through Principal Secretary To Government, School And Sanskrit Education, Secretariat, Jaipur (Rajasthan).

2. The Director, Directorate Of Elementary Education, Bikaner.

3. Coordinator, Pre D.el.ed. Examination-2019, Examination And Registration, Education Departmental Examination, Rajasthan, Bikaner.

----Respondents (4) S.B. Civil Writ Petition No. 10554/2019 Gaurav T.t. College, Bilwa, Sanganer, Jaipur Through Its Secretary Santara Meena Wife Of Shri Mukesh Meena, Aged About 35 Years, Resident Of 8-254, 18-B Scheme, Gopalpura Byepass, Jaipur (Rajasthan).

----Petitioner Versus

1. The State Of Rajasthan, Through Principal Secretary To Government, School And Sanskrit Education, Secretariat, Jaipur (Rajasthan).

2. The Director, Directorate Of Elementary Education, Bikaner.

3. Coordinator, Pre D.el.ed. Examination-2019, Examination And Registration, Education Departmental Examination, Rajasthan, Bikaner.

----Respondents (5) S.B. Civil Writ Petition No. 10555/2019 Salasar Balaji B.ed. College, Behind Circuit House, Jaipur Road Sikar, Through Its Secretary Snehlata Wife Of Ranjit Singh, Aged About 36 Years, Resident Of B-5, Todi Nagar, Sikar(Raj.).

(D.B. SAW/284/2021 and 9 more have been filed in this matter. Please refer the same for further orders)

(3 of 50) [CW-1712/2021]

----Petitioner Versus

1. The State Of Rajasthan, Through Principal Secretary To Government, School And Sanskrit Education, Secretariat, Jaipur (Rajasthan).

2. The Director, Directorate Of Elementary Education, Bikaner.

3. Coordinator, Pre D.el.ed. Examination-2019, Examination And Registration, Education Departmental Examination, Rajasthan, Bikaner.

----Respondents (6) S.B. Civil Writ Petition No. 10558/2019 Arawali Shiksha And Anusandhan Sansthan, Jeen Mata Road, Tamakapura, Data Ramgarh, District Sikar, Through Its Secretary Sabita Wife Of Shri Suresh Kumar Aged Avbout 32 Years, Resident Of Near Badri Vihar, District Sikar(Raj.).

----Petitioner Versus

1. The State Of Rajasthan, Through Principal Secretary To Government, School And Sanskrit Education, Secretariat, Jaipur (Rajasthan).

2. The Director, Directorate Of Elementary Education, Bikaner.

3. Coordinator, Pre D.el.ed. Examination-2019, Examination And Registration, Education Departmental Examination, Rajasthan, Bikaner.

----Respondents (7) S.B. Civil Contempt Petition No. 946/2020 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. Smt. Arpana Arora, I.a.s, Principal Secretary (School Education), Government Of Rajasthan, Main Building, Secretariat, R.no. 1212, 2Nd Floor, Jaipur-302005

(D.B. SAW/284/2021 and 9 more have been filed in this matter. Please refer the same for further orders)

(4 of 50) [CW-1712/2021]

2. Mr. Sourav Swami I.a.s, Director, Elementary Education, Bikaner (Rajasthan)

3. Mr. Pala Ram Mewata, The Coordinator, Pre- D.el.ed-

2020, Elementary Education, Bikaner

4. Mr. T. Pritam Singh, 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.

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

----Respondents (8) S.B. Civil Contempt Petition No. 947/2020 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. Smt. Arpana Arora I.a.s, Principal Secretary (School Education), Government Of Rajasthan, Main Building, Secretariat, R.no. 1212, 2Nd Floor, Jaipur-302005

2. Mr. Sourav Swami I.a.s, Director, Elementary Education, Bikaner (Rajasthan)

3. Mr. Pala Ram Mewata, The Coordinator, Pre- D.el.ed-

2020, Elementary Education, Bikaner

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

----Respondents (9) S.B. Civil Contempt Petition No. 948/2020 B.d.m.l Shikshan Sansthan, Through Its Secretary Mr. Ravinder Kumar Son Of Shri Madan Lal Sharma, Aged About 41 Years,

(D.B. SAW/284/2021 and 9 more have been filed in this matter. Please refer the same for further orders)

(5 of 50) [CW-1712/2021]

Resident Of Village- Sohan Ki Dhani, Post- Harsora, Bansur, Alwar (Rajasthan).

----Petitioner Versus

1. Smt. Arpana Arora, I.a.s, Principal Secretary (School Education), Government Of Rajasthan, Main Building, Secretariat, R.no. 1212, 2Nd Floor, Jaipur-302005

2. Mr. Sourav Swami I.a.s, Director, Elementary Education, Bikaner (Rajasthan)

3. Mr. Pala Ram Mewata, The Coordinator, Pre- D.el.ed-

2020, Elementary Education, Bikaner

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

----Respondents (10) S.B. Civil Contempt Petition No. 949/2020 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. Smt. Arpana Arora I.a.s, Principal Secretary (School Education), Government Of Rajasthan, Main Building, Secretariat, R.no. 1212, 2Nd Floor, Jaipur-302005

2. Mr. Sourav Swami I.a.s, Director, Elementary Education, Bikaner (Rajasthan)

3. Mr. Pala Ram Mewata, The Coordinator, Pre- D.el.ed-

2020, Elementary Education, Bikaner

(D.B. SAW/284/2021 and 9 more have been filed in this matter. Please refer the same for further orders)

(6 of 50) [CW-1712/2021]

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

----Respondents (11) S.B. Civil Contempt Petition No. 950/2020 Bhane Sahaya Kalyan 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. Smt. Arpana Arora I.a.s, Principal Secretary (School Education) Department, Government Of Rajasthan, Main Building, Secretariat, R.no. 1212, 2Nd Floor, Jaipur- 302005

2. Mr. Sourav Swami I.a.s, Director, Elementary Education, Bikaner (Rajasthan)

3. Mr. Pala Ram Mewata, The Coordinator, Pre- D.el.ed-

2020, Elementary Education, Bikaner

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

----Respondents (12) S.B. Civil Contempt Petition No. 951/2020 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 (Rajasthan).

----Petitioner Versus

1. Smt. Arpana Arora I.a.s, Principal Secretary (School Education), Government Of Rajasthan, Main Building, Secretariat, R.no. 1212, 2Nd Floor, Jaipur-302005

(D.B. SAW/284/2021 and 9 more have been filed in this matter. Please refer the same for further orders)

(7 of 50) [CW-1712/2021]

2. Mr. Sourav Swami I.a.s, Director, Elementary Education, Bikaner (Rajasthan)

3. Mr. Pala Ram Mewata, The Coordinator, Pre- D.el.ed-

2020, Elementary Education, Bikaner

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

----Respondents (13) S.B. Civil Contempt Petition No. 952/2020 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, Tehsil- Phulera, Jaipur (Rajasthan).

----Petitioner Versus

1. Smt. Arpana Arora I.a.s, Principal Secretary (School Education), Government Of Rajasthan, Main Building, Secretariat, R.no. 1212, 2Nd Floor, Jaipur-302005

2. Mr. Sourav Swami I.a.s, Director, Elementary Education, Bikaner (Rajasthan)

3. Mr. Pala Ram Mewata, The Coordinator, Pre- D.el.ed-

2020, Elementary Education, Bikaner

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

----Respondents (14) S.B. Civil Contempt Petition No. 953/2020 Deepak Diploma Elementary T.t College, Khasra No. 959, Nahar Road, Paota, Tehsil- Kotputli, District- Jaipur Rajasthan Through

(D.B. SAW/284/2021 and 9 more have been filed in this matter. Please refer the same for further orders)

(8 of 50) [CW-1712/2021]

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

----Petitioner Versus

1. Smt. Arpana Arora I.a.s, Principal Secretary (School Education), Government Of Rajasthan, Main Building, Secretariat, R.no. 1212, 2Nd Floor, Jaipur-302005

2. Mr. Sourav Swami I.a.s, Director, Elementary Education, Bikaner (Rajasthan)

3. Mr. Pala Ram Mewata, The Coordinator, Pre- D.el.ed-

2020, Elementary Education, Bikaner

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

----Respondents (15) S.B. Civil Contempt Petition No. 954/2020 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(Rajasthan).

----Petitioner Versus

1. Smt. Arpana Arora, I.a.s, Principal Secretary (School Education), Government Of Rajasthan, Main Building, Secretariat, R.no. 1212, 2Nd Floor, Jaipur-302005

2. Mr. Sourav Swami I.a.s, Director, Elementary Education, Bikaner (Rajasthan)

3. Mr. Pala Ram Mewata, The Coordinator, Pre- D.el.ed-

2020, Elementary Education, Bikaner

(D.B. SAW/284/2021 and 9 more have been filed in this matter. Please refer the same for further orders)

(9 of 50) [CW-1712/2021]

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

----Respondents (16) S.B. Civil Contempt Petition No. 956/2020 Arawali Shiksha And Anusandhan Sansthan, Jeen Mata Road, Tamakapura, Data Ramgarh, District Sikar, Through Its Secretary Sabita Wife Of Shri Suresh Kumar Aged About 32 Years, Resident Of Near Badri Vihar, District Sikar (Raj.)

----Petitioner Versus

1. The State Of Rajasthan, Through Principal Secretary To Government, School And Sanskrit Education, Secretariat, Jaipur (Rajasthan).

2. Mrs. Aparna Arora, Principal Secretary To Government, School Education Department, Secretariat, Jaipur (Rajasthan).

3. Sourabh Swami, Director, Elementary Education, Bikaner.

4. Palaaram Mevata, Coordinator, Pre D.el.ed. Examination-

2020, Examination And Registration, Education Departmental Examination, Rajasthan, Bikaner.

----Respondents (17) S.B. Civil Contempt Petition No. 957/2020 Siddarth College Of Education, Bilwa, Sanganer, Jaipur Through Its Secretary Mahesh Singh Beniwal S/o Vijay Singh Beniwal , Age 39 Years , R/o S -57 Nri Colony Raj Angan, Jaipur (Rajasthan).

----Petitioner Versus

1. The State Of Rajasthan, Through Principal Secretary To Government, School And Sanskrit Education, Secretariat, Jaipur (Rajasthan).

2. Mrs. Aparna Arora, Principal Secretary To Government, School Education Department, Secretariat, Jaipur (Rajasthan).

3. Sourabh Swami, Director, Elementary Education, Bikaner.

4. Palaaram Mevata, Coordinator, Pre D.el.ed. Examination-

(D.B. SAW/284/2021 and 9 more have been filed in this matter. Please refer the same for further orders)

(10 of 50) [CW-1712/2021]

2020, Examination And Registration, Education Departmental Examination, Rajasthan, Bikaner.

----Respondents (18) S.B. Civil Contempt Petition No. 958/2020 Gaurav T.t. College, Bilwa, Sanganer, Jaipur Through Its Secretary Mahesh Singh Beniwal S/o Vijay Singh Beniwal , Age 39 Years , R/o S -57 Nri Colony Raj Angan, Jaipur (Rajasthan).

----Petitioner Versus

1. The State Of Rajasthan, Through Principal Secretary To Government, School And Sanskrit Education, Secretariat, Jaipur (Rajasthan).

2. Mrs. Aparna Arora, Principal Secretary To Government, School Education Department, Secretariat, Jaipur (Rajasthan).

3. Sourabh Swami, Director, Elementary Education, Bikaner.

4. Palaaram Mevata, Coordinator, Pre D.el.ed. Examination-

2020, Examination And Registration, Education Departmental Examination, Rajasthan, Bikaner.

----Respondents (19) S.B. Civil Contempt Petition No. 959/2020 Salasar Balaji B.ed. College, Behind Circuit House, Jaipur Road, Sikar, Through Its Secretary Snehlata Wife Of Ranjit Singh, Aged About 36 Years, Resident Of B-5, Todi Nagar, Sikar (Raj.)

----Petitioner Versus

1. The State Of Rajasthan, Through Principal Secretary To Government, School And Sanskrit Education, Secretariat, Jaipur (Rajasthan).

2. Mrs. Aparna Arora, Principal Secretary To Government, School Education Department, Secretariat, Jaipur (Rajasthan).

3. Sourabh Swami, Director, Elementary Education, Bikaner.

4. Palaaram Mevata, Coordinator, Pre D.el.ed. Examination-

2020, Examination And Registration, Education Departmental Examination, Rajasthan, Bikaner.

----Respondents (20) S.B. Civil Writ Petition No. 12991/2020

(D.B. SAW/284/2021 and 9 more have been filed in this matter. Please refer the same for further orders)

(11 of 50) [CW-1712/2021]

Gaurav T.t. College, Bilwa, Sanganer, Jaipur Through Its Secretary Mahesh Singh Beniwal S/o Vijay Singh Beniwal , Age 39 Years , R/o S -57 Nri Colony Raj Angan, Jaipur (Rajasthan).

----Petitioner Versus

1. The State Of Rajasthan, Through Principal Secretary To Government, School And Sanskrit Education, Secretariat, Jaipur (Rajasthan).

2. The Director, Directorate Of Elementary Education, Bikaner.

3. Coordinator, Pre D.el.ed. Examination-2020, Examination And Registration, Education Departmental Examination, Rajasthan, Bikaner.

----Respondents (21) S.B. Civil Writ Petition No. 12992/2020 Siddarth College Of Education, Bilwa, Sanganer, Jaipur Through Its Secretary Mahesh Singh Beniwal S/o Vijay Singh Beniwal , Age 39 Years , R/o S -57 Nri Colony Raj Angan, Jaipur (Rajasthan).

----Petitioner Versus

1. The State Of Rajasthan, Through Principal Secretary To Government, School And Sanskrit Education, Secretariat, Jaipur (Rajasthan).

2. The Director, Directorate Of Elementary Education, Bikaner.

3. Coordinator, Pre D.el.ed. Examination-2020, Examination And Registration, Education Departmental Examination, Rajasthan, Bikaner.

----Respondents (22) S.B. Civil Writ Petition No. 12993/2020 Arawali Shiksha And Anusandhan Sansthan, Jeen Mata Road, Tamakapura, Data Ramgarh, District Sikar, Through Its Secretary Sabita Wife Of Shri Suresh Kumar Aged About 32 Years, Resident Of Near Badri Vihar, District Sikar (Raj.)

----Petitioner Versus

1. The State Of Rajasthan, Through Principal Secretary To

(D.B. SAW/284/2021 and 9 more have been filed in this matter. Please refer the same for further orders)

(12 of 50) [CW-1712/2021]

Government, School And Sanskrit Education, Secretariat, Jaipur (Rajasthan).

2. The Director, Directorate Of Elementary Education, Bikaner.

3. Coordinator, Pre D.el.ed. Examination-2020, Examination And Registration, Education Departmental Examination, Rajasthan, Bikaner.

----Respondents (23) S.B. Civil Writ Petition No. 12997/2020 Salasar Balaji B.ed. College, Behind Circuit House, Jaipur Road, Sikar, Through Its Secretary Snehlata Wife Of Ranjit Singh, Aged About 36 Years, Resident Of B-5, Todi Nagar, Sikar (Raj.)

----Petitioner Versus

1. The State Of Rajasthan, Through Principal Secretary To Government, School And Sanskrit Education, Secretariat, Jaipur (Rajasthan).

2. The Director, Directorate Of Elementary Education, Bikaner.

3. Coordinator, Pre D.el.ed. Examination-2020, Examination And Registration, Education Departmental Examination, Rajasthan, Bikaner.

----Respondents (24) S.B. Civil Writ Petition No. 13040/2020 Bhane Sahaya Kalyan 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, 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

(D.B. SAW/284/2021 and 9 more have been filed in this matter. Please refer the same for further orders)

(13 of 50) [CW-1712/2021]

Teacher Education, Through Its Regional Director, G- 7,sector-10, Dwarka, Landmark - Near Metro Station Sector-10, Dwarka, Delhi - 110075.

----Respondents (25) S.B. Civil Writ Petition No. 13041/2020 Deepak Diploma Elementary T.t College, Khasra No. 959, Nahar 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- 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 (26) S.B. Civil Writ Petition No. 13043/2020 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, 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

(D.B. SAW/284/2021 and 9 more have been filed in this matter. Please refer the same for further orders)

(14 of 50) [CW-1712/2021]

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 (27) S.B. Civil Writ Petition No. 13044/2020 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 (28) S.B. Civil Writ Petition No. 13044/2020

----Petitioners Versus

1. 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.

----Respondent (29) S.B. Civil Writ Petition No. 13047/2020 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).

(D.B. SAW/284/2021 and 9 more have been filed in this matter. Please refer the same for further orders)

(15 of 50) [CW-1712/2021]

----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 (30) 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 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 (31) S.B. Civil Writ Petition No. 13054/2020 Bhanwar Kanwar Sugan Singh Shiksha Mahavidhyalaya, Run And Manage By Dhamanasekhasewa 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 (Rajasthan).

(D.B. SAW/284/2021 and 9 more have been filed in this matter. Please refer the same for further orders)

(16 of 50) [CW-1712/2021]

----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 (32) S.B. Civil Writ Petition No. 13060/2020 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 (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 (33) S.B. Civil Writ Petition No. 13061/2020 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(Rajasthan).

(D.B. SAW/284/2021 and 9 more have been filed in this matter. Please refer the same for further orders)

(17 of 50) [CW-1712/2021]

----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 (34) S.B. Civil Writ Petition No. 13073/2020 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 (35) S.B. Civil Writ Petition No. 14997/2020 Salasar Balaji B.ed. College, Behind Circuit House, Jaipur Road, Sikar, Through Its Secretary Snehlata Wife Of Ranjit Singh, Aged About 36 Years, Resident Of B-5, Todi Nagar, Sikar (Raj)

(D.B. SAW/284/2021 and 9 more have been filed in this matter. Please refer the same for further orders)

(18 of 50) [CW-1712/2021]

----Petitioner Versus

1. The State Of Rajasthan, Through Principal Secretary To Government, School And Sanskrit Education, Secretariat, Jaipur (Rajasthan)

2. The Director, Directorate Of Elementary Education, Bikaner

3. Westren Regional Committee Of The National Council For Teacher Education, G-7, Sector-10, Dwarka, Landmark- Near Metro Station, New Delhi, Through Its Regional Director.

----Respondents (36) 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 (37) 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

(D.B. SAW/284/2021 and 9 more have been filed in this matter. Please refer the same for further orders)

(19 of 50) [CW-1712/2021]

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 (38) S.B. Civil Writ Petition No. 328/2021 Deepak Diploma Elementary T.t College, Khasra No. 959, Nahar 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 (39) 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

(D.B. SAW/284/2021 and 9 more have been filed in this matter. Please refer the same for further orders)

(20 of 50) [CW-1712/2021]

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 (40) 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, 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 (41) 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

(D.B. SAW/284/2021 and 9 more have been filed in this matter. Please refer the same for further orders)

(21 of 50) [CW-1712/2021]

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 (42) 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 (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

----Respondent (43) 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)

(D.B. SAW/284/2021 and 9 more have been filed in this matter. Please refer the same for further orders)

(22 of 50) [CW-1712/2021]

----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 (44) S.B. Civil Writ Petition No. 2209/2021 Meera Keshav Mahila Shikshak Prashikshan Mahavidhalaya, Khasra No. 330,331, Madau, P.o.-Bhankrota, Tehsil- Sanganer, Dist.- Jaipur Running By Society Of Amar Bal Vidhalaya Shiksha Samiti, Khasra No. 330,331, Madau, P.o.-Bhankrota, Tehsil- Sanganer, Dist.- Jaipur Through Its Secretary Shri Mahaveer Singh Rajawat S/o Shri Devi Singh Rajawat, Aged About 59 Years, Resident Of Village Vatika, Tehsil- Sanganer, Dist.- Jaipur (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary, Department Of Elementary Education, Govt. Secretariat, Jaipur (Raj.)

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

3. Coordinator, Pre D.el.ed. Exam And Registrar Department, Departmental (Education) Exams, Rajasthan, Bikaner (Raj.).

----Respondents (45) S.B. Civil Writ Petition No. 2211/2021 Mascot College, Village- Lalsot Road Beegawas, Post-Office- Lawan, Tehsil- Lawan, Dist.- Dausa (Raj.) Running By Society Of Mascot Shiksha And Vikas Samiti, Village- Rajgarh, , Post-Office- Rajgarh, Tehsil- Rajgarh, Dist.- Alwar (Raj.) Through Its Secretary Manoj Kumar Saini S/o Laxmi Narayan Saini Aged

(D.B. SAW/284/2021 and 9 more have been filed in this matter. Please refer the same for further orders)

(23 of 50) [CW-1712/2021]

About 42 Years, R/o Address Village Geegawas, Tehsil Lawan, Dist.- Dausa (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary, Department Of Elementary Education, Govt. Secretariat, Jaipur (Raj.)

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

3. Coordinator, Pre D.el.ed. Exam And Registrar Department, Departmental (Education) Exams, Rajasthan, Bikaner (Raj.).

----Respondents (46) S.B. Civil Writ Petition No. 2212/2021 Great India Teacher Training College, Village- By Pass Road Khanpur, Post Office- Khanpur, Tehsil- Khanpur, Dist. - Jhalawar Running By Society Of Mother India Educational Society, Mega Highway By Pass Road Khanpur, Post Office- Khanpur, Tehsil- Khanpur, Dist. - Jhalawar, Through Its Secretary Shri Azad Husain S/o Shri Samsuddin, Aged About 45 Years, Resident Of Saket Nagar, Dist. - Jhalawar (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary, Department Of Elementary Education, Govt. Secretariat, Jaipur (Raj.)

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

3. Coordinator, Pre D.el.ed. Exam And Registrar Department, Departmental (Education) Exams, Rajasthan, Bikaner (Raj.).

----Respondents (47) S.B. Civil Writ Petition No. 2213/2021 Deendayal Shikshan Prakshishan Mahavidhalaya, Running By The Deendayal Shiksha Evam Anusandhan Samiti, Bpo- Bari, Tehsil Fatehpur Shekhawati, District Sikar Through Its Secretary Deendayal S/o Shri Kishana Ram Jakhar, Aged About 35 Years, Resident Of Village And Post Bari, Tehsil Fatehpur, District Sikar (Raj.).

----Petitioner

(D.B. SAW/284/2021 and 9 more have been filed in this matter. Please refer the same for further orders)

(24 of 50) [CW-1712/2021]

Versus

1. State Of Rajasthan, Through Principal Secretary, Department Of Elementary Education, Govt. Secretariat, Jaipur (Raj.)

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

3. Coordinator, Pre D.el.ed. Exam And Registrar Department, Departmental (Education) Exams, Rajasthan, Bikaner (Raj.).

----Respondents (48) S.B. Civil Writ Petition No. 2214/2021 Rama Krishana Teacher Training College, Plot /khasra No. 557, 558/880, Village Raghunathpura, Railya, Diggi Road, P.o Sanganer, Tehsil Vsanaganer, Dist. Jaipur, (Raj) Through Its Secretary Shri K.k Sharma Son Of Shri Daya Kant Sharma , Aged About 45 Years Resident Of Plot No. 36, Milap Nagar, Jaipuria Hospital Durgapura Jaipur (Raj)

----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary, Department Of Elementary Education, Govt. Secretariat, Jaipur (Raj)

2. Director Elementary Education, Bikaner (Raj)

3. Coordinator, Pre D.e1 .ed Exam And Registrar Department, Departmental (Education) Exams, Rajasthan, Bikaner (Raj)

----Respondents (49) S.B. Civil Writ Petition No. 2618/2021 Gaurav T.t. College, Bilwa, Sanganer, Jaipur Through Its Secretary Mahesh Singh Beniwal S/o Vijay Singh Beniwal , Age 39 Years , R/o S-57 Nri Colony Raj Angan, Jaipur (Rajasthan).

----Petitioner Versus

1. The State Of Rajasthan, Through Principal Secretary To Government, School And Sanskrit Education, Secretariat, Jaipur (Rajasthan)

2. The Director, Directorate Of Elementary Education, Bikaner.

3. Coordinator, Pre D.el.ed. Examination-2020, Examination

(D.B. SAW/284/2021 and 9 more have been filed in this matter. Please refer the same for further orders)

(25 of 50) [CW-1712/2021]

And Registration, Education Departmental Examination, Rajasthan, Bikaner.

4. National Council For Teacher Education, G-7, Sector-10, Dwarka, Landmark - Near Metro Station, New Delhi, Through Its Member Secretary.

5. Westren Regional Committee Of The National Council For Teacher Education, G-7, Sector-10, Dwarka, Landmark

-Near Metro Station, New Delhi,through Its Chairperson.

----Respondents (50) S.B. Civil Writ Petition No. 2619/2021 Siddarth College Of Education, Bilwa, Sanganer, Jaipur Through Its Secretary Mahesh Singh Beniwal S/o Vijay Singh Beniwal , Age 39 Years , R/o S -57 Nri Colony Raj Angan, Jaipur (Rajasthan).

----Petitioner Versus

1. The State Of Rajasthan, Through Principal Secretary To Government, School And Sanskrit Education, Secretariat, Jaipur (Rajasthan).

2. The Director, Directorate of Elementary Education, Bikaner.

3. Coordinator, Pre D.El.Ed. Examination-2020, Examination & Registration, Education Departmental Examination, Rajasthan, Bikaner.

4. National Council For Teacher Education, G-7, Sector-10, Dwarka, Landmark - Near Metro Station, New Delhi, Through Its Member Secretary.

5. Westren Regional Committee Of The National Council For Teacher Education, G-7, Sector-10, Dwarka, Landmark

-Near Metro Station, New Delhi,through Its Chairperson.

----Respondents (51) S.B. Civil Writ Petition No. 2634/2021 Arawali Shiksha And Anusandhan Sansthan, Jeen Mata Road, Tamakapura, Data Ramgarh, District Sikar, Through Its Secretary Sabita Wife Of Shri Suresh Kumar Aged Avbout 32 Years, Resident Of Near Badri Vihar, District Sikar(Raj.).

----Petitioner Versus

(D.B. SAW/284/2021 and 9 more have been filed in this matter. Please refer the same for further orders)

(26 of 50) [CW-1712/2021]

1. The State Of Rajasthan, Through Principal Secretary To Government, School And Sanskrit Education, Secretariat, Jaipur (Rajasthan).

2. The Director, Directorate Of Elementary Education, Bikaner.

3. Coordinator, Pre D.el.ed. Examination-2020, Examination And Registration, Education Departmental Examination, Rajasthan, Bikaner.

4. National Council For Teacher Education, G-7, Sector-10, Dwarka, Landmark - Near Metro Station, New Delhi, Through Its Member Secretary.

5. Westren Regional Committee Of The National Council For Teacher Education, G-7, Sector-10, Dwarka, Landmark

-Near Metro Station, New Delhi,through Its Chairperson.

----Respondents

For Petitioner(s) : Mr. MS Raghav, Adv., Mr. Vijay Poonia, Adv. with Mr. Pradeep Bacholiya, Adv.

Mr. Gaurav Sharma, Adv., Mr. Om Prakash Sharma, Adv., Mr. Vishivas Saini, Adv. & Mr. Digvijay Singh, Adv.

For Respondent(s) : Mr. Chiranji Lal Saini, AAG Mr. Shweta Pareek, Adv.

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Judgment / Order

Reserved On 03/09/2021 Pronounced On 06/10/2021

1. All these writ petitions raise common question and therefore,

the same have been heard together and are being decided by this

common order.

2. The petitioners-institutions are engaged in imparting

teachers training education and the present cases are in relation

to running of Diploma Course in Elementary Education (hereinafter

referred as 'D.El.Ed. Course'). After having fulfilled all the requisite

mandatory conditions required for recognition for the D.El.Ed.

(D.B. SAW/284/2021 and 9 more have been filed in this matter. Please refer the same for further orders)

(27 of 50) [CW-1712/2021]

Course as provided for under the National Council of Teachers

Education Act, 1993 (hereafter referred as 'NCTE Act) and the

rules framed therein in 1997, they applied for recognition to the

Northern Regional Committee of the NCTE (hereafter referred as

'NRC') in the various years and after conducting inspection by the

visiting team and examining its report, a decision was taken to

grant recognition to the petitioners-institutions for running

D.El.Ed. Course.

3. The case of the petitioner-institution in SB Civil Writ Petition

No.1712/2021 (B.D.M.L. Shikshan Sansthan Vs. The State of Raj.

& Ors.) is that the NRC-NCTE granted recognition on 20th

December, 2018 and approval for annual intake for two units (100

seats) was granted. Therefore, it approached the affiliating body

namely; Director (Elementary Education), Bikaner for issuance of

no objection certificate (hereinafter referred as 'NOC') as well as

for granting of affiliation.

3.1 The State Government had already issued a letter of intent

as per Cause 7 (13) of the NCTE (Recognition, Norms and

Procedure) Regulations, 2014 which is a precondition for applying

for recognition. The staff approval list was duly approved by the

Director, Elementary Education based upon the recommendation

order issued by the NRC (NCTE) but the respondent-State did not

issue the NOC.

3.2 In absence of the NOC, name of the petitioner-institution

was not forwarded to the Coordinator, resultantly the students

were not able to submit their option for allotment of College for

the Academic Session 2019-20. The petitioner-institution again

submitted representation requesting to forward name of the

(D.B. SAW/284/2021 and 9 more have been filed in this matter. Please refer the same for further orders)

(28 of 50) [CW-1712/2021]

petitioner-institution to the Coordinator for inclusion of name of

the petitioner-institution in the list of Colleges. An interim order

was passed in SB Civil Writ Petition No.9375/2019, ultimately,

after filing of contempt petition, the students were allowed.

3.3 For the year 2020-21, the respondents uploaded the

counselling schedule but name of the petitioner-institution was not

included. An inspection had been conducted for the Academic

Session 2019-20 and the petitioner-institution was found to be

fulfilling all the criterias and recommendation was made for

granting NOC.

3.4 In 2020-21, however, the NOC was not granted on the

premise that a sudden inspection of the petitioner-institution was

conducted and it was stated that a negative report was prepared

by overwriting with the sole purpose to teach a lesson to the

petitioner-institution as an interim order was passed by the Court

directing the respondents to allow the petitioner-institution to be

included in the counselling.

3.5 It was submitted by the petitioner-institution that the

respondents conducted a sudden inspection without any

information during the Covid period and no show cause notice was

issued to point out any deficiency. It was further submitted that

only 30 institutions, who had earlier approached this Court for

their justified grievances, have been found to be not fulfilling the

norms of the NCTE Regulations of 2014 and the inspection

conducted was actuated by bias and prejudice.

3.6 The petitioner-institution submitted that the College was

running the course and imparting quality education to the

students. On 23/11/2020, when there was a lock-down on account

(D.B. SAW/284/2021 and 9 more have been filed in this matter. Please refer the same for further orders)

(29 of 50) [CW-1712/2021]

of pandemic Covid-19 and the State Government had directed that

only 50% of the staff would come in College under the Disaster

Management Act, while remaining staff would conduct on-line

classes from home, the inspecting team demanded presence of all

the staff in the College. It also demanded copies of the bank pass-

books and pay-slips which were already fed in the computer.

3.7 It is stated by the petitioner-institution that the deficiencies

pointed out in the inspection report were fallacious and without

substance and actually there was no deficiency. Since no show

cause notice was issued and reasonable opportunity of hearing

was not afforded, the order passed on 04/12/2020 whereby

decision was taken not to include the petitioner-institution for

counselling for the Session 2020-21 was unjustified and illegal. It

was further submitted that the State Government had no authority

to de-recognize the petitioner-institution and cancelling the

additional seat allotment order issued by the NRC (NCTE).

3.8 The petitioner-institution has also challenged the inspection

report dated 23/11/2020 on following grounds:-

(A) As regards the allegation that the petitioner-institution

has not maintained record of the office bearers, it has been

contended that the entire record was available with the College

and copies of the documents were provided to the Inspector but

he did not disclose the same in his report.

(B) As regards the objection that three institutions are

running in one premise which reflects that resources and other

infrastructural facilities are being shared, it was contended that

the objection is baseless as the institution was granted

recommendation by NCTE as a composite institution. The stand-

(D.B. SAW/284/2021 and 9 more have been filed in this matter. Please refer the same for further orders)

(30 of 50) [CW-1712/2021]

alone courses are not recognized by the NCTE. The

recommendation letter issued by the NRC (NCTE) mentions about

the fact of the courses being running in the same building without

interference and the visiting team mentions of the institution

fulfilling the NCTE norms.

been conducted, it has been pointed out that the same is baseless

as the audit report upto 2019-20 had already been supplied to the

inspecting team but for 2020-21 audit report could not be

prepared on account of Covid-19 but the cash register was already

prepared which is the basis for preparing the audit report and was

made available to the inspecting team

(D) So far as the deficiency pointed out that there is no

hostel available in the premise, it has been contended that

D.El.Ed. counsel is not a residential course and for the students,

Paying Guest facilities are already there at nearby places. The

same was not a prerequisite under the NCTE Regulations of 2014.

(E) As regards the deficiency that only 50% staff was

available at the time of inspection, it has been pointed out by

learned counsel that as per the Disaster Management Act, since

directions were issued by the State Government for Covid-19,

70% of the staff was only allowed. Since Principal of the institution

was suffering from cold, he was not allowed to be present in the

institution and the staff with medical certificates were only

allowed.

(F) As regards the deficiency in regard to Bio-metric

Machine, it has been pointed out that the same was available but

record of presence under Bio-metric Machine was not available as

(D.B. SAW/284/2021 and 9 more have been filed in this matter. Please refer the same for further orders)

(31 of 50) [CW-1712/2021]

during Covid-19, the presence through Bio-metric Machine was

not being allowed and it was being taken manually through

attendance register and the register of manual attendance was

available.

(G) As regards the further deficiency pointed out that in the

Library, the Dictionary and books relating to commercial education

as well as the books published by the NCTE were not available, it

has been contended that although the bills of purchase of such

books were shown and placed in the representation made by the

petitioners but in spite of the same, no decision was taken. It has

been submitted that in spite of there being no deficiency actually,

the respondents recommended for withdrawal of recognition as

well as for not making available students for the year 2020-21.

4. Similarly, in other writ petitions also, the respective

petitioner-institution has pointed out that the order was issued on

04/12/2020 on the basis of the inspection conducted on

23/11/2020 and same types of deficiencies have been pointed out.

In one of the cases, audit report for financial year was found

to be under process but not presented to the team which was

considered as sufficient ground to refuse NOC and affiliation for

the Session 2020-21.

5. The gist of arguments of learned counsels for the respective

writ petitioners in these writ petitions is that as per the Scheme of

the NCTE Act, 1993 and the Rules and Regulations made

thereunder, it is the NCTE alone which is required to conduct

inspection relating to recognition and the State Government would

have no authority to de-recognize the petitioners-institutions. It is

further contended that once the inspection has already been

(D.B. SAW/284/2021 and 9 more have been filed in this matter. Please refer the same for further orders)

(32 of 50) [CW-1712/2021]

conducted and the petitioners were granted recognition, the State

Government had no role to play for granting NOC and affiliation. It

has been further contended that the order impugned dated

04/12/2020 has been passed without following the principles of

natural justice. No show cause notice was issued and no

opportunity of removing the deficiencies, if any, was provided. The

State action was actuated by malice and bias which occurred on

account of the petitioners-institutions having approached the

Court by filing writ petitions earlier for the Session 2019-20

wherein interim order was passed in their favour which was not

complied with resulting in the petitioners initiating contempt

proceedings against the Director, who, on account of ill-will and

vengeance, instructed for sudden inspection with specific direction

to declare the petitioners-institutions having deficiencies.

5.1 Learned counsels for the petitioners-institutions further

pointed out that from the original inspection report, which was

called, it goes to show that in each of the report, the concerned

inspecting team had recommended for issuance of NOC and did

not find any deficiency and in-fact, the word 'Nahi' (No) has been

added in the final recommendation letter and can be seen and

reflected from the naked eyes. It has been further submitted that

the inspection conducted was illegal and without authority. There

is no provision for conducting sudden inspection. The inspection

was conducted only of those thirty institutions who had earlier

approached this Court while in other cases, no inspection was

conducted.

5.2 In support of the submissions, learned counsels for the

petitioners relied on the judgments rendered in State of

(D.B. SAW/284/2021 and 9 more have been filed in this matter. Please refer the same for further orders)

(33 of 50) [CW-1712/2021]

Maharashtra Vs. Sant Dnyaneshwar Shikashan Shastra

Mahavidyalaya & Ors.: (2006) 9 SCC 1; Chairman, Bhartia

Education Society & Anr. Vs. State of Himachal Pradesh &

Ors.: (2011) 4 SCC 527; Parshvanath Charitable Trust &

Ors. Vs. All India Council for Technical Education & Ors.:

(2013) 3 SCC 385; Swamy Devi Dayal Hospital & Dental

College Vs. Union of India & Ors.: (2014) 13 SCC 506;

Central Coalfields Limited & Anr. Vs. SLL-SML (Joint

Venture Consortium) & Ors. Vs. (2016) 8 SCC 622 and State

of Rajasthan Vs. L.B.S. B.Ed. College & Ors.: (2016) 16 SCC

110.

6. Per-contra, learned Additional Advocate General appearing

for the respondent-State supported the order impugned and has

taken this Court to the reply filed in the writ petition of the

petitioner-Taj Memorial Teachers Training College (SBCWP-

253/2021). It is submitted that when the NCTE issued the

recognition order, it stipulated a condition in Clause 5(ii) of the

order mentioning therein that "the institution shall make

admission only after it obtains affiliation from the examining body

in terms of Clause 8(10) of the NCTE Regulations, 2014."

6.1 Learned AAG has further submitted that as per Clause 6 of

the recognition order, it was provided as under:-

"6. Further, the recognition is subject to fulfillment of all such other requirements as may be prescribed by other regulatory bodies like UGC, affiliating University/Body, State Government etc. as applicable, and compliance of the following by the affiliating body, State Govt and also the concerned recognised institution :

(i) The affiliating body/ State Govt. shall be required to verify the authenticity of the

(D.B. SAW/284/2021 and 9 more have been filed in this matter. Please refer the same for further orders)

(34 of 50) [CW-1712/2021]

land & building documents submitted by the Institution, with the required land & built up area as well as appointment of requisite teaching & non-teaching staff as per provisions of the NCTE Regulations, 2014 before grant of affiliation to the institution.

(ii) The affiliating body shall ensure that the Institution is a composite institution as per definition of a "composite institution" given in the NCTE Regulation, 2014. If at any stage, it is found that the institution is not a composite institution is not a composite institution, the recognition granted shall be treated as withdrawn and the sole responsibility of the same will be of the institution. However, the existing stand-alone institutions shall gradually move towards becoming composite Institutions.

(iii) The NOC of the affiliating body and staff approval thereof submitted by the institution, if found fake, at any stage, the recognitions granted shall be treated as withdrawn, and the sole responsibility of the same will be of the institution."

6.2 It has been submitted that thus the affiliating body-State

Government was required to verify the authenticity of the land

and building documents and also ensure that the institution is a

composite institution. Therefore, it is submitted that the affiliating

body as well as the State Government were entitled to have their

own inspection conducted of the institution and find whether the

institution was having the requisite norms as laid down under the

NCTE Regulations, 2014 and also could demand audit report since

Clause 7 of the recognition order provided that "the institution

shall submit a Self-Appraisal Report to the Regional Committee at

the end of each academic year along the statement of annual

accounts duly audited by a Chartered Accountant."

(D.B. SAW/284/2021 and 9 more have been filed in this matter. Please refer the same for further orders)

(35 of 50) [CW-1712/2021]

6.3 Learned Addl. Advocate General further submitted that

direction was issued by the Principal Secretary, Department of

Education, Rajasthan on 19/11/2020 to the Director, Elementary

Education, Rajasthan to conduct inspection of the petitioners-

institution whose petitions were pending in the Court as per order

dated 11/11/2020 issued by the Principal Seat of this Court at

Jodhpur by 25/11/2020. The order also directed that the

petitioners-institutions must provide information regarding their

employees/faculty and also provide their Aadhar Numbers and

pay-slips as well as information about the requisite infrastructure

prepared for on-line classes during Covid pandemic. The said

directions were for thirty institutions alone and therefore,

inspection was conducted for thirty institutions.

6.4 Learned Addl. Advocate General further submitted that in

compliance of the order of this Court, a team was constituted

consisting of one person from the Accounts Department for

conducting inspection of the petitioners-institutions. For all thirty

institutions, different teams were formed by the Director,

Elementary Education, Rajasthan who conducted the inspection.

Learned Addl. Advocate General also submitted that the

institutions were in the category of Non-Governmental Educational

Institutions and were, therefore, governed by the Rajasthan Non-

Governmental Educational Institutions Act, 1989 and the Rules of

1993 made thereunder. As per Rule 21 of the Rules of 1993,

inspection could be done by any officer authorized for the purpose

by the Director without prior notice and such sudden inspection

was permissible and after conducting inspection, the inspecting

(D.B. SAW/284/2021 and 9 more have been filed in this matter. Please refer the same for further orders)

(36 of 50) [CW-1712/2021]

team submitted its opinion not to recommend for granting NOC

and for giving affiliation to the petitioners-institutions.

6.5 Learned Addl. Advocate General has relied upon the

judgments in Maa Vaishno Devi Mahila Mahavidyalaya Vs.

State of Uttar Pradesh & Ors.: (2013) 2 SCC 617 in support

his submissions. It is thus submitted that the petitioners-

institutions do not fulfill the requirements mentioned in the

recognition order and many deficiencies have been pointed out in

the inspection report and therefore, the State Government has

rightly decided not to give NOC/affiliation to the petitioners-

institutions.

6.6 Learned Addl. Advocate General, in his reply, has also

submitted that since the inspection has been done by experts, the

said inspection ought not be interfered with by conducting judicial

review and the Court ought to follow the judicial restraint. He has

also relied upon the judgments in Government of Andhra

Pradesh & Ors. Vs. P. Laxmi Devi (Smt.); Andhra Kesari

Educational Society Vs. Director of School Education & Ors.:

(1989) 1 SCC 392. He has also relied upon the judgment in

State of Maharashtra Vs. Vikas Sahebrao Roundale & Ors.:

(1992) 4 SCC 435 to submit that the Government is required to

see that the training of the Teachers is done effectively and there

may not be any slackening of the standards.

7. Learned counsel for the respondent-NCTE also appeared and

submitted that as per the NCTE Act, it was within the exclusive

domain of the NCTE to recognize and de-recognize an institution.

He has invited attention of this Court to the provisions of the NCTE

Act, 1993 to submit that the Regional Committee can only conduct

(D.B. SAW/284/2021 and 9 more have been filed in this matter. Please refer the same for further orders)

(37 of 50) [CW-1712/2021]

the inspection of the institution for the purpose of recognition and

after the recognition is granted, upon receiving the order from the

NCTE, the State Government is bound to grant affiliation to the

institution or cancel the affiliation of the institution where the

recognition has been granted or refused respectively. The power

to cancel recognition also lies within the domain of the NRC/NCTE

alone and in such circumstances, learned counsel submitted that

the NCTE would not support the order passed by the State

Government dated 04/12/2020 seeking recognition of the

petitioners-institutions. Learned counsel further submitted that the

inspecting team could not have conducted sudden inspection as

the provisions provide for inspection after giving due information

to the institution.

8. After considering the submissions, this Court has carefully

gone through the material available on record as well as the

judgments cited at bar.

9. Admittedly, the petitioners-institutions are duly recognized

by the NCTE to conduct D.El.Ed. Course. In a batch of 15 writ

petitions, decided at Principal Seat of this Court at Jodhpur with

lead case Marwar Shikshak Parikshan Mahavidhyalaya Vs.

State of Raj. & Ors. (SB Civil Writ Petition No.11595/2020)

and connected writ petitions, order came to be passed on

11/11/2020 wherein it was observed as under:-

"From perusal of the above decision, it is clear that role of the State Government in granting NOC and affiliation is very formal one and once the institutions are recognized by the NCTE for running any course normally the State Government cannot refuse to grant NOC untiland unless exceptional circumstance exits.

(D.B. SAW/284/2021 and 9 more have been filed in this matter. Please refer the same for further orders)

(38 of 50) [CW-1712/2021]

Mr. Manish Vyas, learned AAG has submitted that some of the petitioner-institutions have applied for recognition and affiliation with the respondents and there applications are pending consideration and the respondents will consider and decide the same at the earliest. It is also submitted by Mr. Vyas that some of the institutions have not even applied for grant of NOC or affiliation with the respondents and if they will apply for the same, the same shall be considered and decided expeditiously.

It is noticed that in the writ petitions filed by the petitioner-institutions in the year 2019, this Court while issuing notices to the respondents has already passed interim orders directing them to allow the petitioner institutions to admit students in D.El.Ed Course in the academic session 2019-20, however, in some of the writ petitions filed by the petitioner- institutions in the year 2020, this Court has already stayed all the further proceedings pursuant to the counselling calendar issued by the respondent No.4.

In such circumstances, these writ petitions are disposed of with liberty to the petitioner-institutions to submit applications before the respondent - State Government for grant of NOC to them and affiliation of the petitioner-institutions with the Director, Elementary Education, Rajasthan, Bikaner by 20.11.2020. On receiving said applications, the respondents including the Director, Elementary Education, Rajasthan, Bikaner are directed to take decision regarding grant of NOC and affiliation to the petitioner-institutions to conduct the D.El.Ed (Diploma in Elementary Education) Course of two years by 30.11.2020 while keeping in mind the observations made by this Court in Sanskar T.T. College's case (supra).

The institutions to which NOC and affiliation is granted be included in the list of eligible institutions and the students be allotted those institutions for admitting in D.El.Ed (Diploma in Elementary Education) Course for the academic years 2020-21.

The respondents are free to carry out the counselling process after deciding the applications of the petitioner institutions to grant them NOC and affiliation."

9.1 In all the present writ petitions, the petitioners-institutions

have been recognized in the year 2018 by the NRC/NCTE and

(D.B. SAW/284/2021 and 9 more have been filed in this matter. Please refer the same for further orders)

(39 of 50) [CW-1712/2021]

earlier they had filed writ petitions before this Court wherein

interim order was passed directing for including them provisionally

for the purpose of counselling in the year 2019. Since the

respondents did not comply with the order, on 24/07/2019, in

contempt petitions, statement was made by the counsel appearing

for the State that the Colleges shall be allowed to participate in

the counselling for D.El.Ed. (BSTC Course for the academic year

2019-20 whereafter students were provided to the Colleges and

ultimately vide order dated 11/11/2020, the writ petitions were

allowed by the Principal Seat of this Court at Jodhpur and

directions were issued, as noticed above and the Court specifically

observed that the role of the State Government in granting NOC

and affiliation is very formal one and normally, the State

Government cannot refuse to grant NOC until and unless

exceptional circumstances exist.

9.2 In order to meet out with the said observations, it is

apparent that the Principal Secretary has directed for conducting

an inspection for the said thirty institutions alone by preparing a

team and with a specific direction. As pointed out by learned

counsel for the petitioners, this Court finds that the order passed

by the Principal Secretary, School Education dated 19/11/2020

(Annx. R/3) is only addressed to the Director, Elementary

Education and a copy thereof has not been sent to the concerned

institutions.

9.3 The order purports to have been issued as if a direction was

given by this Court to conduct such an inspection although, as

noted above, no such direction had been issued. The State

authorities are usually found to be taking umbrage of Court's

orders. In order to achieve their own ends, the observations made

(D.B. SAW/284/2021 and 9 more have been filed in this matter. Please refer the same for further orders)

(40 of 50) [CW-1712/2021]

in the High Court's order have been interpreted to conduct

inspection which was not warranted under the Rules.

9.4 Be that as it may, this Court asked the learned Addl.

Advocate General to produce the original inspection report of all

the institutions and in almost all the inspections reports, this Court

finds that in the main part of the inspection report, there is no

shortcoming noticed by the inspecting officers and the details of

the staff have been attached, a separate appendix has been

mentioned giving out the shortcomings. The said

shortcomings/deficiencies, as noticed for petitioner no.1-B.D.M.L.

Shikshan Sansthan, mentions of recommendation with the word

'Nahi' (No) by adding the same in the final recommendation.

9.5 This Court although is of the firm view that the scope of

judicial review is not available in examining an inspection report

and it is within the exclusive domain of the inspecting officers to

conduct inspection and submit report. However, this Court finds

that the inspection conducted on the directions given by the

Principal Secretary, School Education was wholly unwarranted as

there is no power available for conducting of inspection. It is

apparent that as per Section 14 of the NCTE Act, 1993, the

inspection can be done by the Regional Committee formed under

the NCTE Act. The State Authority, which is an examining body,

has to grant affiliation to the institution after it seeks recognition

letter from the NCTE. The affiliating body has to grant affiliation

after the recognition and has to conduct examinations in terms of

Section 16 of the NCTE Act, 1993. Section 17 of the NCTE Act,

1993 provides for the NRC to conduct an inspection if it receives

any report or representation from any body or the provisions of

the NCTE Act are not being followed by the recognized institution.

(D.B. SAW/284/2021 and 9 more have been filed in this matter. Please refer the same for further orders)

(41 of 50) [CW-1712/2021]

Section 17 of the NCTE Act, 1993 also inherently provides for an

opportunity of hearing.

9.6 Inspection is within the exclusive domain of the NRC/NCTE.

Section 13 of the NCTE Act, 1993 lays down the procedure of

inspection. As per Sub-Section (2) of Section 13 of the NCTE Act,

1993, the Council has to communicate to the institution the date

on which inspection has to be conducted. Thus, there is no room

for sudden inspection as conducted by the Directorate of the

Elementary Education, Bikaner in the so-called garb of the order

passed by this Court.

9.7 Taking into consideration that the contempt proceedings

have been initiated for non-compliance initially for the year 2019

and even for the year 2020, the contempt proceedings are

attached, it is apparent that the concerned Officer has been

actuated by malafides and bias and has caused sudden inspection

with a specific direction to the inspecting team.

9.8 This Court cannot hold noting that although there is no

requirement of having a hostel, in each case, a deficiency has

been pointed out that hostel facilities are not available. Similarly,

in each inspection report, it is mentioned about the institution

running without other courses although as per the requirement,

the D.El.Ed. course can be run in combination with other Teachers'

Education Programs.

9.9 The submission of learned counsel for the petitioners

regarding inspection being conducted unjustifiably and without

information, is also found to be supported by the fact that the

inspection was conducted during Covid pandemic period when the

Disaster Management Act was in force and the State Government

had specifically reduced presence of the staff in the institution.

(D.B. SAW/284/2021 and 9 more have been filed in this matter. Please refer the same for further orders)

(42 of 50) [CW-1712/2021]

The possibility of Teachers not being available on account of

pandemic cannot be ruled out. The State authorities were having

full knowledge about the pandemic situation and the directions

issued by the State Government and on the face of the earlier

directions issued by the Court allowing the institutions to be

provided with students for the Session 2019-20, there was no

occasion for having initiated inspection. A futile attempt has been

made by the learned Addl. Advocate General to support the action

by taking this Court to the conditions of the recognition order

which have been noticed above. This Court finds that mentioning

of affiliating body in the recognition order would not grant power

to conduct inspection as the institutions are governed by the Act

of 1993 which provides inspection to be conducted by the

NRC/NCTE.

9.10 The submission of learned counsel for the State by taking

support from the Rajasthan Non-Government Educational

Institutions Act, 1989 and the Rules of 1993 made thereunder, is

also found to be misconceived. The D.El.Ed Course is a course

recognized by the NCTE. The inspection which was directed to be

conducted was with only purpose of affiliation and not for the

purpose of grant of recognition under the Act of 1989 or the Rules

made thereunder. The sudden inspection, as envisaged under Rule

22 of the Rules of 1993, therefore, would have no application to

the course and affiliation as well as NOC to be granted for the said

purpose.

9.11 In State of Maharashtra Vs. Sant Dnyaneshwar

Shikashan Shastra Mahavidyalaya & Ors. (supra), the three

Judges Bench of the Apex Court held as under:-

(D.B. SAW/284/2021 and 9 more have been filed in this matter. Please refer the same for further orders)

(43 of 50) [CW-1712/2021]

"74. Reference was also made to "Department of Secondary and Higher Education" published by the Government of India on January 25, 2006. The compilation relates to Secondary Education, Adult Education, Technical Education, Higher Education etc. In introduction, it has been stated:

"The Secondary Education which serves as a bridge between primary and higher education is expected to prepare young persons between the age group 14-18 in the world of work and entry into higher education. The Secondary Education starts with classes 9-10 leading to higher secondary classes 11 and 12. The relevant children population at the secondary and senior secondary level, as projected in 1996-97 by NSSO has been estimated at 9.66 crores. Against this population, the enrolment figures of the 1997-98 shows that only 2.70 crores attending schools. Thus, two-third of the eligible population remains out of the school system. To accommodate the children in schools at secondary level, we have at present 1.10 lakhs institutions (1998-99). With the emphasis on universalization of elementary education and programmes like District Primary Education Programme, the enrolment is bound to increase and once this happens, we may require more than two lakhs institutions at the secondary level to accommodate them."

9.12 In Maa Vaishno Devi Mahila Mahavidyalaya Vs. State of

Uttar Pradesh & Ors.: (2013) 2 SCC 617 (supra), the

Supreme Court held as under:-

"59. The above enunciated principles clearly show that the Council is the authority constituted under the Central Act with the responsibility of maintaining education of standards and judging upon the infra-

structure and facilities available for imparting such professional education. Its opinion is of utmost importance and shall take precedence over the views of the State as well as that of the University. The concerned Department of the State and the affiliating University have a role to play but it is limited in its application. They cannot lay down any guideline or

(D.B. SAW/284/2021 and 9 more have been filed in this matter. Please refer the same for further orders)

(44 of 50) [CW-1712/2021]

policy which would be in conflict with the Central statute or the standards laid down by the Central body. State can frame its policy for admission to such professional courses but such policy again has to be in conformity with the directives issued by the Central body. In the present cases, there is not much conflict on this issue, but it needs to be clarified that while the State grants its approval, and University its affiliation, for increased intake of seats or commencement of a new course/college, its directions should not offend and be repugnant to what has been laid down in the conditions for approval granted by the Central authority or Council. What is most important is that all these authorities have to work ad idem as they all have a common object to achieve i.e. of imparting of education properly and ensuring maintenance of proper standards of education, examination and infrastructure for betterment of educational system. Only if all these authorities work in a coordinated manner and with cooperation, will they be able to achieve the very object for which all these entities exist.

79. It is on record and the Regulations framed under the Act clearly show that upon receiving an application for recommendation, the NCTE shall send a copy of the application with its letter inviting recommendations/comments of the State Government on all aspects within a period of 30 days. To such, application, the State is expected to respond with its complete comments within a period of 60 days. In other words, the opinion of the State on all matters that may concern it in any of the specified fields are called for. This is the stage where the State and its Department should play a vital role. They must take all precautions to offer proper comments supported by due reasoning. Once these comments are sent and the State Government gives its opinion which is considered by the NCTE and examined in conjunction with the report of the experts, it may grant or refuse recognition. Once it grants recognition, then such grant attains supremacy viz-a- viz the State Government as well as the affiliating body. Normally, these questions cannot be re- agitated at the time of grant of affiliation. Once the University conducts inspection in terms of its Statutes or Act, without offending the provisions of the Act and conditions of recognition, then the opinion of the State Government at the second stage is a mere

(D.B. SAW/284/2021 and 9 more have been filed in this matter. Please refer the same for further orders)

(45 of 50) [CW-1712/2021]

formality unless there was a drastic and unacceptable mistake or the entire process was vitiated by fraud or there was patently eminent danger to life of the students working in the school because of non- compliance of a substantive condition imposed by either of the bodies. In the normal circumstances, the role of the State is a very formal one and the State is not expected to obstruct the commencement of admission process and academic courses once recognition is granted and affiliation is found to be acceptable."

9.13 In Chairman, Bhartia Education Society & Anr. Vs.

State of Himachal Pradesh & Ors. (supra), the Supreme Court

held as under:-

"24. The examining body can therefore impose its own requirements in regard to eligibility of students for admission to a course in addition to those prescribed by NCTE. The state government and the examining body may also regulate the manner of admissions. As a consequence, if there is any irregularity in admissions or violation of the eligibility criteria prescribed by the examining body or any irregularity with reference to any of the matters regulated and governed by the examining body, the examining body may cancel the affiliation irrespective of the fact that the institution continues to enjoy the recognition of the NCTE. Sub-section (6) of section 14 cannot be interpreted in a manner so as to make the process of affiliation, an automatic rubber-stamping consequent upon recognition, without any kind of discretion in the examining body to examine whether the institution deserves affiliation or not, independent of the recognition. An institution requires the recognition of NCTE as well as affiliation with the examining body, before it can offer a course or training in teacher education or admit students to such course or training. Be that as it may."

9.14 Thus, the Rule in relation to granting NOC and affiliation is

minimal and once recommendation has been granted, the

affiliation and NOC by the State Government can only be refused if

there is any other requirement laid down by the State Government

or the examining body which an institution is required to follow.

(D.B. SAW/284/2021 and 9 more have been filed in this matter. Please refer the same for further orders)

(46 of 50) [CW-1712/2021]

9.15 Keeping in view above, therefore, if the State Government

would have laid down any other requirement for granting of NOC,

which the institution may not have complied with, the respondent-

State could have refused NOC and affiliation. However, so far as

the norms of 2014 are concerned, the same stand already

examined and considered by the NRC/NCTE while granting

recognition. The inspection on the said aspects cannot be done by

the State Government and its authorities and they do not have the

power to recommend de-recognition or refuse NOC on the said

grounds.

9.16 Similar view has been taken by the Supreme Court in

Parshvanath Charitable Trust & Ors. Vs. All India Council

for Technical Education & Ors. (supra), wherein it has been

held as under:-

"24. The consistent view of this Court has been that where both Parliament and State Legislature have the power to legislate, the Central Act shall take precedence in the matters which are covered by such legislation and the State enactments shall pave way for such legislations to the extent they are in conflict or repugnant. As per the established canons of law, primacy of the Central Act is undisputable which necessarily implies primacy of AICTE in the field of technical education. Statutes like the present one as well as the National Council for Teachers Education Act, 1993, the Medical Council of India Act, 1956, etc. fall within the ambit of this canon of law. The AICTE is the authority constituted under the Central Act with the responsibility of maintaining operational standards and judging the infrastructure and facilities available for imparting professional education. It shall take precedence over the opinion of the State as well as that of the University. The concerned department of the State and the affiliating university have a role to play, but it is limited in its application. They cannot lay down any guidelines or policies in conflict with the Central statute or the standards laid down by the Central body. The State can frame its policies, but such policy again has to be in conformity with the

(D.B. SAW/284/2021 and 9 more have been filed in this matter. Please refer the same for further orders)

(47 of 50) [CW-1712/2021]

direction issued by the Central body. Though there is no such apparent conflict in the present case, yet it needs to be clarified that grant of approval by the State and affiliation by the University for increased intake of seats or commencement of new college should not be repugnant to the conditions of approval/recommendation granted by the AICTE. These authorities have to work in tandem as all of them have the common object to ensure maintenance of proper standards of education, examination and proper infrastructure for betterment of technical educational system."

9.17 Thus, this Court finds that the institution was not given any

opportunity of hearing. The opportunity of hearing is an essential

part of the decision making process. In case of Swamy Devi

Dayal Hospital & Dental College Vs. Union of India & Ors.

(supra), the Supreme Court observed as under:-

"22. We, accordingly, sum up the legal position, touching upon the issue, on the interpretation of Section 10A(4) of the Act, as below:

22.1 Section 10A applies to the cases of renewal of permission as well;

22.2 It contemplates grant of opportunity of being heard at two stages. First stage would be at the level of DCI after the scheme is submitted to DCI under Sub-section (2) of Section 10A of the Act. Once it is found by the DCI that all the parameters for granting permission are met, it recommends the grant of approval of the scheme to the Central Government. In case Scheme it is found to be deficient, Sub- section (3) (a) of Section 10A of the Act casts an obligation on the part of the DCI to give a reasonable opportunity for making a written representation and also to rectify the deficiencies, if any, specified by the DCI. Second stage of adherence to the principles of natural justice is provided at the level of Central Government at the time when it has to take final decision, after the receipt of the recommendation sent by the DCI. This requirement of hearing is stipulated in proviso to Sub-section (4) of Section 10A, in the event the Central Government is proposing to disapprove the scheme.

(D.B. SAW/284/2021 and 9 more have been filed in this matter. Please refer the same for further orders)

(48 of 50) [CW-1712/2021]

22.3 The expression "opportunity of being heard" occurring in this proviso would mean that the material that goes against the applicant and is to be taken into consideration, is to be supplied to the applicant within an opportunity to make representation. For this purpose either the report of the DCI itself can be supplied or atleast the deficiencies pointed out in the report have to be communicated by the Central Government to the applicant with an opportunity to furnish its comments thereupon. At that stage while giving its reply, if the applicant claims personal hearing, such a personal hearing should also be accorded.

23. As in the present case, since no such opportunity of being heard the requirement of proviso to Sub-section (4) of Section 10A of the Act was not afforded to the Petitioner, the decision dated 30th March 2013 of the Central Government warrants to be set aside on this ground alone."

9.18 On the said basis, therefore, the order impugned dated

04/12/2020 deserves to be set aside.

9.19 In a recent case of State of Rajasthan Vs. L.B.S. B.Ed.

College & Ors. (supra), the Supreme Court was examining role

of the State Government and observed in Para 2 as under:-

"2. The crux of the controversy is whether the State Government has any say in the matter of grant of recognition to the institutions who apply for establishing institutions to get recognition from the NCTE under the National Council for Teacher Education Act, 1993 (the Act) and the Regulations framed thereunder. The learned Single Judge had arrived at the conclusion that the State has remotely any authority or say in the matter of grant of recognition and the Division Bench has concurred with the judgment of the learned single Judge without adverting to the said aspect."

After examining the entire law on the issue, the Supreme

Court in the said case, held in Para 16 as under:-

"16. As we find from the aforesaid authorities as well as the Regulations framed by the NCTE, the State has

(D.B. SAW/284/2021 and 9 more have been filed in this matter. Please refer the same for further orders)

(49 of 50) [CW-1712/2021]

a say, may be a limited one. We are inclined to use the word 'limited' because the State's say is not binding on the NCTE. However, the NCTE is required to take the same into consideration, for the State has a vital role to offer proper comments supported by due reasoning. It needs no special emphasis to say that final authority rests with the NCTE. It is the clear legal position."

9.20 Thus, from above, it is apparent that prior to the NCTE

granting final recommendations, the State had a limited say to the

extent of giving its opinion to the NCTE, otherwise, the role of the

State Government is very formal one as held in State of

Rajasthan Vs. L.B.S. B.Ed. College & Ors. (supra) and the

State is not expected to obstruct commencement of the admission

process once recommendation is granted and affiliation is found to

be acceptable. However, it appears that the State authorities are

not able to digest the verdict of the Supreme Court and are bent

upon time and again initiating unnecessary and unwarranted

litigation before this Court. The officers holding the helm of affairs

of the State Government are expected to act with more caution

and care.

9.21.In view thereof, the order impugned dated 04/12/2020

passed by the authorities based on the inspection conducted on

the directions of the Principal Secretary, School Education dated

19/11/2020 is found to be illegal and the State could not have

denied NOC/affiliation to the petitioners-institutions once they

were duly recognized by the NCTE for running D.El.Ed. Course.

The consequential action of not including the petitioners-

institutions for counselling on the said basis and in treating the

petitioners-institutions de-recognized is also held to be bad in law

and in contravention with the provisions of the NCTE Act, 1993.

(D.B. SAW/284/2021 and 9 more have been filed in this matter. Please refer the same for further orders)

(50 of 50) [CW-1712/2021]

10. In view thereof, the orders impugned dated 04/12/2020 and

19/11/2020 passed by the respondents are quashed and set

aside. The counselling process shall now be conducted by the

respondents for the petitioners-institutions separately and the

students be provided accordingly.

11. All these writ petitions are accordingly allowed. All pending

applications stand disposed of. No costs.

12. In view of the order passed above, taking a pragmatic

approach, the contempt petitions are disposed of with directions

to the respondents to comply with the order and include the

institutions in future counselling. Accordingly, the contemnors are

discharged.

(SANJEEV PRAKASH SHARMA),J

Raghu/

(D.B. SAW/284/2021 and 9 more have been filed in this matter. Please refer the same for further orders)

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