State policies cannot impede the NCTE's exclusive authority in granting recognition to educational institutions under the National Council for Teacher Education Act.

JUDGMENT

Navin Chawla, J. The present batch of appeals have been filed by the appellants -the National Council for Teacher Education (hereinafter referred to as the `NCTE') and the Directorate of Elementary Education, Government of Rajasthan, respectively, challenging the judgment dated 12.04.2021 passed by the learned Single Judge in W.P. (C) 2069/2021 and 2395/2021 filed by the respective respondents no.1 - institutes [hereinafter referred to as `Respondent Institutes']. By the Impugned Judgment, the learned Single Judge has disposed of the two writ petitions with the following directions:

"24. In these circumstances, the petitions are disposed of with the following directions: -

a. The Directorate of Elementary Education, Government of Rajasthan is directed to nominate an expert to participate in the selection committee of the faculty for the petitioner-institutions within a period of one week from today.

b. In the event the State of Rajasthan nominates its expert within the aforesaid period, the expert and the State of Rajasthan will cooperate in the expeditious conduct of the selection process, so that the process of faculty approval is concluded within a period of four weeks thereafter.

c. In the event the State of Rajasthan does not nominate an expert in terms of the aforesaid direction, the matter be placed before the Chairperson of the NCTE in terms of Regulation 12 of the Regulations. The participation of the representative of the State of Rajasthan in the Selection Committee and the requirement for the approval of the faculty list by the State of Rajasthan will be waived in the facts and circumstances of the case. The Chairperson will take a decision in terms thereof and may impose such conditions as he/she thinks fit, including nomination of an expert by the NCTE itself to participate in the selection process. The Chairperson's decision be taken within two weeks from today. The faculty list will then be formulated in consonance with the directions of the Chairperson under Regulation 12. The process will be completed within four weeks thereafter.

d. The cut-off date for approval for institutions for the academic year 2021-22 has already passed. The aforesaid directions will therefore enure to the benefit of the petitioners for establishment of their courses for the year 2022-23. However, Mr. Sharawat states that proceedings are pending before the Supreme Court for extension of the last date for approval for the year 2021-22. In the event the process of faculty approval is concluded in accordance with the aforesaid directions within the extended time, if any, granted by the Supreme Court, the NCTE will consider the petitioners' case for approval for the year 2021-22 as well. However, this will be strictly subject to the extension of the time period granted by the Supreme Court, if any."

2. The appellant - NCTE further challenges the order dated 16.07.2021, by which the Review Petitions filed by it, seeking review of the judgment dated 12.04.2021, were dismissed by the learned Single Judge.

3. The facts leading up to the filing of the writ petitions have been succinctly set-out by the learned Single Judge in paragraphs 3 and 4 of the Impugned Judgment, which are quoted hereinbelow:

"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 establi