Rajasthan High Court
New Adarsh Mahila Shikshan ... vs State Of Rajasthan on 29 September, 2022
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 15084/2021
New Adarsh Mahila Shikshan Prashikshan Mahavidyalaya
----Petitioner
Versus
State Of Rajasthan & Ors.
----Respondents
Connected With
S.B. Civil Writ Petition No. 15390/2021
Pooja Singh Charan D/o. Shri Bhawani Singh & Ors.
----Petitioners
Versus
Government Of Rajasthan & Ors.
----Respondents
For Petitioner(s) : Mr. K.K. Sharma, Sr. Adv. assisted by
Mr. Akhil Simlote
Mr. M.S. Rajpurohit
For Respondent(s) : Dr. V.B. Sharma, AAG with
Mr. Prakhar Gupta
Mr. R.A.Katta with
Mr. M.K. Dhakad
Mr. Anuroop Singi
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
29/09/2022
S.B. Civil Misc. Application No.5/2022 in S.B. Civil Writ
Petition No. 15084/2021:-
For the reasons stated in the application No.5/2022 filed by
the petitioner seeking impleading of Coordinator PTET 2022, Jai
Narain Vyas University, Jodhpur (Rajasthan) as respondent No.6,
the same is allowed. Coordinator PTET 2022, Jai Narain Vyas
University, Jodhpur be impleaded as respondent No.6 in the array
(2 of 5) [CW-15084/2021]
of respondents. The amended cause title appended with the
application is taken on record.
Learned counsel Shri R.A. Katta appears for the newly
impleaded respondent.
S.B. Civil Misc. 3rd Stay Application No.14269/2022 in S.B.
Civil Writ Petition No. 15084/2021:-
Defect pointed out by the Office is waived.
This third stay application has been filed seeking a direction
for the respondents to include the name of the petitioner-
institution in the counseling in admission to B.Ed. Course for
academic session 2022-23.
Learned Senior Counsel for the petitioner submitted that it
has recognition to run two years B.Ed. Course from the National
Council for Teachers Education (for brevity "the NCTE") since the
year 2007 which has neither been withdrawn nor suspended till
date. He submitted that aggrieved against the order dated
10.12.2021 passed by the Commissioner, College Education
seeking to withdraw the No Objection Certificate granted for the
Session 2021-22 on the purported violation of the NCTE
Regulation-2014, the instant writ petition was preferred wherein,
this Court, vide its interim order dated 20.12.2021 directed the
respondents not to take any coercive action against it in
pursuance of the order dated 10.12.2021 as also not to
disturb/discontinue the admissions already made in the petitioner
institution. Learned Senior Counsel submitted that in the letter &
spirit of the interim order, the Commissioner, College Education,
vide its order dated 23.06.2022, permitted the petitioner to
participate in the PTET counseling for the Sessions-2022-23 and
the University of Rajasthan has also, vide its order dated
(3 of 5) [CW-15084/2021]
30.07.2022, accorded affiliation to the petitioner institution for the
Sessions 2022-23. He would submit that the respondent No.6, the
Nodal University for conducting the counseling for the academic
session 2022-23, though, initially reflected the petitioner-
institution name in the list of the institutions eligible to participate
in the counseling; but, later on, deleted the same. Relying upon a
judgment of Hon'ble Apex Court of India in case of Maa Vaishno
Devi Mahila Mahavidyalaya versus State of Uttar Pradesh &
Ors.: (2013) 2 Supreme Court Cases 617 and a Coordinate
Bench Judgment of this Court dated 06.10.2021 in SB Civil Writ
Petition No.1712/2021: B.D.M.L. Shikshan Sansthan versus
the State of Rajasthan & Ors. and another connected matter,
learned Senior Counsel submitted that once the recognition has
been granted by the NCTE to an institution, role of the State
Government or University is minimal and very formal one and it is
not permissible for the State Government to obstruct
commencement of the admission process and the academic
courses during currency of the recognition by the NCTE. He would,
therefore, pray that the third stay application be allowed and the
respondents may be directed to include name of the petitioner-
institution in the B.Ed. counselling for the academic session 2022-
23.
Per contra, Mr. Prakhar Gupta, learned counsel for the State
Government, submits that prayer in the third stay application
travels beyond the scope of prayer made in the writ petition which
is confined to continuation of the order dated 30.03.2021 till its
original expiry date which, has already expired. Inviting attention
of this Court towards the Clause 7 of the order dated 19.06.2020
issued by the NCTE, he submitted that the State Government itself
(4 of 5) [CW-15084/2021]
has been given a liberty to verify the authenticity of the land,
builiding and the documents as per provisions of Regulations 2014
and hence, no fault can be found with the order dated
10.12.2021. He submitted that misinterpreting the interim order
of this Court dated 20.12.2021, earlier, the petitioner was included
in the counseling for the session 2022-23; but, on realizing the
mistake, the order stands withdrawn. He, therefore, prays for
dismissal of the third stay application.
Mr. R.A. Katta, learned counsel for the respondent No.6
submitted that since the State Government has withdrawn its
permission to include the petitioner-institution in the counseling
process in the academic session 2022-23, it did not include its
name in the counseling.
Heard. Considered.
Vide order dated 10.12.2021, impugned in the writ petition,
alleging violation of norms laid down under Regulation-2014, the
NOC granted to the petitioner-institution was withdrawn. This
Court has, vide its interim order dated 2012.2021, restrained the
respondents not to take any coercive action against the petitioner-
institution in pursuance of the order dated 10.12.2021. This Court
is informed that although, this interim order dated 20.12.2021 is
subject-matter of challenge by the respondents in a DB Special
Appeal; but, no interim order has been passed therein, till date.
This Court has gone through the order dated 08.09.2022 issued
by the State Government to the Commissioner College Education,
Rajasthan, a copy of which was submitted by the learned State
Counsel for perusal of this Court, whereby, the permission
accorded by the Commissionerate, College Education to include
name of the petitioner-institution in the counseling for the
(5 of 5) [CW-15084/2021]
academic session 2022-23 was directed to be cancelled and finds
that only a part of the interim order dated 20.12.2021 whereby,
the respondents were restrained not to disturb/discontinue the
admissions already granted, is referred therein without referring
to the earlier part of the interim order whereby, the respondents
have been injuncted not to take any action in pursuance of the
order dated 10.12.2021. Thus, this Court is prima facie of the
view that the respondent No.1 has wrongly directed withdrawal of
the permission granted to include petitioner's name in the B.Ed.
counselling for the academic Session 2022-23, misinterpreting the
interim order of this Court.
Even otherwise also, from the conspectus of the judgments
cited before this Court, this Court is prima-facie satisfied that role
of the State Government, once recognition has been granted by
the NCTE, is minimal and formal in nature. Indisputably, the
inclusion granted by the NCTE to the petitioner-institution is
subsisting and has neither been withdrawn nor suspended. In view
thereof, this Court deems it just and proper to allow the third stay
application.
The application is allowed accordingly. The respondents are
directed to include the name of the petitioner-institution in the
B.Ed. counseling for the academic session 2022-23. However, such
inclusion shall be provisional in nature only and shall remain
subject to decision of the writ petition. The students to be
admitted in pursuance of counseling, shall be informed about
interim order of this Court.
List these writ petitions on 24.11.2022 as prayed jointly.
(MAHENDAR KUMAR GOYAL),J
Manish/s-277-278
Powered by TCPDF (www.tcpdf.org)
