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2021 Supreme(Del) 796

PRATEEK JALAN
OM COLLEGE OF EDUCATION – Appellant
Versus
NATIONAL COUNCIL FOR TEACHER EDUCATION – Respondent


Advocates Appeared:
For The Appellant :Mr. Sanjay Sharawat, Advocate.
For The Respondent:Mr. Akshay Chandra, Dr. Manish Singhvi, Senior Advocate with Mr. D.K., Devesh, Advocates.

JUDGMENT :

PRATEEK JALAN, J.

The proceedings in the matter have been conducted through video conferencing.

1. The petitioners, institutions located in the State of Rajasthan, have been issued letters of intent [“LOI”] for establishment of the Diploma in Elementary Education [“D.El.Ed.”] courses by the National Council for Teacher Education [“NCTE”]. The grievance with which they have approached the Court is that the Government of Rajasthan has not nominated an expert for appointment of faculty in the proposed institutions.

Facts

2. Both the writ petitions proceed on substantially similar facts, which are largely undisputed. The basic facts, as disclosed in W.P.(C) 2069/2021, are summarised below.

3. The petitioner applied to the Northern Regional Committee [“NRC”] of the NCTE on 29.10.2008 for recognition of its course. The application was rejected on the ground of a prohibition imposed by the State of Rajasthan to the establishment of new courses in the State. By an order dated 22.03.2018, the Rajasthan High Court disposed of a writ petition filed by the petitioner directing the NRC to reconsider the application. The NRC thereafter conducted an inspection of the petitioner’s premises on

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