Rajasthan High Court - Jodhpur
Global Education Institute vs State Of Rajasthan on 6 January, 2022
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 307/2022
Global Education Institute, Plot No. 1065/409, Village Dedwa
Khurd, N.h. 68, P.o. Jakhal, Tehsil Sanchore, District Jalore
Parental Body Global Education Society, Plot No. 04, Vishnoi
Dharmshala, P.w.d.road, Sanchore, Tehsil Sanchore, District
Jalore Through Its Secretary Smt. Sharwan Bishnoi W/o
Surender Sahu, Aged 37 Years, R/o Village Dawal, Tehsil
Chitalwana, Distt. Jalore.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Elementary
Education, Secretariat, Jaipur.
2. The Deputy Secretary, Elementary Education, Jaipur.
3. The Director, Elementary Education Rajasthan, Bikaner.
4. The Coordinator, Pre-D.ei.ed. Exam And Registrar,
Education Department And Examination Rajasthan,
Bikaner, Education Directorate Premises, Lalgarh, Bikaner.
----Respondents
For Petitioner(s) : Mr. C.S. Kotwani
For Respondent(s) : Mr. Pankaj Sharma, AAG
JUSTICE DINESH MEHTA
Order
06/01/2022
1. Mr. Pankaj Sharma, learned AAG appears on behalf of the
respondents pursuant to advance copy being served upon him.
2. Learned counsel for the petitioner submits that the
controversy involved in the present writ petition is squarely
covered by a decision dated 23.10.2021 rendered by this Court in
SBCWP No.13291/2020, Dhapubai Bstc College Vs. State of
Rajasthan & Ors, where this Court has held thus:-
(2 of 3) [CW-307/2022]
"12. In view of what has been noticed above and
following the reasoning given in the judgment of even
date in a batch of writ petitions led by S.B. Civil Writ
Petition No.2359/2021 (Surender Kaur Memorial College
of Higher Education Vs. State & Ors.), the present writ
petitions are allowed.
13. The respondent state/Director, Education is directed
to
permit the petitioners institutions to take part in the
counseling to be conducted for the admission of the
students in D.El. Ed. Course for academic year 2021-22
and onwards.
14. The stay applications also stand disposed of
accordingly.
15. At this stage, Mr. Sharma, learned Additional
Advocate General submitted that there are many
irregularities or deficiencies in the institutions and thus
some check should be allowed to be kept by the state.
16. In the opinion of this Court, even if the state has
found certain deficiencies or lack of facilities, it is
required of the state government to intimate the NCTE in
this regard. This Court is sure that the NCTE will take
appropriate action against such institution in accordance
with law. But, on the pretext of the discrepancies, the
state, at its own, cannot deny the petitioners their right
to carry on the courses."
3. Mr. Pankaj Sharma, learned AAG, is not in a position to
dispute the aforesaid position of facts and law and upon Court's
query, he informs that the counseling shall continue till
11.01.2022.
4. He, however, points out that the last date of registration was
03.01.2022, which has already passed.
5. The respondent - State is directed to register petitioner-
institution on deposition of requisite fee as early as possible,
preferably by 07.01.2022.
6. In view of the aforesaid, the present writ petition is disposed
of in terms of judgment rendered in case of Dhapubai (supra)
(3 of 3) [CW-307/2022]
and the competent authority of the State is directed to issue 'NOC'
to the petitioner, in accordance with law within one week.
7. The petitioner shall thereafter be permitted to take part in
the ongoing counseling.
8. It will be required of the Institution to approach the
concerned authority along with a web copy of this order for
getting the NOC.
9. Stay application also stands disposed of accordingly.
(DINESH MEHTA),J
138-skm/-
Powered by TCPDF (www.tcpdf.org)
