The NCTE has the authority to decide on applications for recognition, and the State's recommendations are not binding. Regulation 12 of the NCTE Regulations can be invoked to alleviate hardship caused by state actions.

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 03.11.2018. The petitioner’s application was not processed further, which compelled the petitioner to approach this Court by way of W.P.(C) 2262/2020. The petitioner’s writ petition was decided alongwith other similarly placed writ petitions by an order dated 28.02.2020, and the Western Regional Committee [“WRC”] of the NCTE – which had, in the meantime, assumed jurisdiction over institutions in the State of Rajasthan – was directed to take necessary steps in the matter. Proceedings in contempt and further writ petitions were filed, the proceedings of which are not wholly germane to the present petition. Suffice it to say that on 07.12.2020, the WRC issued an LOI to the petitioner for recognition of its course. The conditions imposed therein inter alia required the institution to submit the list of faculty duly approved by the affiliating body/University within two months thereafter.

4. The petitioner’s application being for recognition of a diploma course, the affiliating body was the State of Rajasthan. The petitioner therefore addressed a communication dated 08.12.2020 to the State of Rajasthan, requesting it to nominate an expert to participate in the selection committee for appointment of faculty. In the said communication, the petitioner also referred to a No Objection Certificate [“NOC”] dated 26.02.2019 which had been issued by the State of Rajasthan. By a communication dated 03.02.2021, the State of Rajasthan returned the petitioner’s request stating that the State would not nominate anyone as the Government policy is against the establishment of D.El.Ed. courses in the State. As a result of the aforesaid stand of the State of Rajasthan, the petitioners have been unable to submit the approved faculty list to the NCTE in accordance with the LOI.

5. The petitioner in W.P.(C) 2069/2021 has therefore approached this Court for the following reliefs: -

“[a] Issue a writ of mandamus and direct the Chairperson, of Respondent No. 1 to exercise its powers under clause 12 of NCTE Regulations, 2014 to relax/waive the condition of obtaining approval of faculty list from Respondent No. 3 as prescribed under clause 7 [13], [15] & [16] and permit the Petitioner to appoint faculty on its own in absence of the nominee of the Respondent No. 2 and to submit the unapproved faculty list with the Respondent No. 2; and

[b] Consequently issue a writ of mandamus and direct the Respondent No. 2 to grant formal recognition to Petitioner under clause 7[16] for D.El.Ed course from academic session 2021-19 (sic) on the basis of faculty list sought to be submitted by the Petitioner without obtaining approval from the Respondent No. 3; and

[c] Alternatively issue a writ of mandamus and direct the Respondent No. 3 to nominate its nominee for the purpose of appointing the faculty