JUDGMENT :

Ashok Kumar Gaur, J.

REPORTABLE

1. These writ petitions have been filed by the petitioners-Institutions challenging the orders dated 6.2.2019, amended order dated 27.5.2019 issued by the State Government and public notice dated 20.5.2019 issued by the National Council of Teachers Education (hereinafter referred to as "NCTE").

2. The grievance of the petitioners-Institutions is also in respect of not providing seats to the petitioners-Colleges for imparting integrated teachers educational program (for short as "ITEP") for session 2020-21.

3. The petitioners have pleaded that the State Government while issuing the orders dated 6.2.2019 and 27.5.2019 has sanctioned ITEP in 64 Tehsils only. The non-inclusion of other Tehsils apart from 64 Tehsils is, said to be discriminatory and arbitrary.

4. The petitioners have submitted in their petitions that their colleges are affiliated to the Universities and, as such, the State Government cannot make distinction while imparting the course of ITEP. The facts which have come on record reveal that the Institutions in SBCW Pet. Nos. 11208/19 (Harsh Shiksha Evam Seva Sansthan Vs. State of Raj. and Ors.) is situated in Tehsil Galiyakot, Distt. Dungarpur; Institution of petitioner in SBCW Pet. No. 11214/19 (The Gurukul Institute of Education Vs. State of Raj. and Ors.) is situated in Bori, Distt. Dungarpur. The institution of petitioner in SBCW Pet. No. 11223/2019 (Wagon Infotesh Chiksha Samiti Vs. State of Raj. and Ors.) is situated in Dahod Road, Banswara whereas the institution of petitioner in SBCW Pet. Nos. 11282/19 (Aravali Mahavidhyalaya and Anr. vs. State of Raj. and Ors.) is situated in Thikariya, Banswara.

5. This court while hearing the counsel on 8.7.2019, asked the counsel for the petitioner to answer the quarry of this court with respect to the territorial jurisdiction of Jaipur Bench to entertain the petitions as the petitioners' colleges are situated in Dungarpur and Banswara.

6. Counsel for the petitioner Mr. Mahendra Shah, submitted that the writ petitions by the petitioners-Institutions have been filed at Jaipur Bench, Jaipur as they are aggrieved by the orders dated 6.2.2019 and 27.5.2019 issued by the Department of Higher Education, Government of Rajasthan. Counsel also submitted that the impugned notice issued by the NCTE dated 20.5.2019 has been issued from New-Delhi and the public notice has been issued for accepting the online applications from 64 Tehsils only as ear marked by the Government of Rajasthan.

7. Counsel for the petitioners has also submitted that since the cause of action has arisen to the petitioner within Jaipur jurisdiction and, as such, the petitions are maintainable before this court. Counsel further submitted that the order of the State Government dated 6.2.2019 where the policy for grant of NOC/Recognition for new teachers Education Colleges is declared, same order being issued from Jaipur and restricting it to only 64 tehsils, is the cause of action, which has given rise to file the present writ petitions.

8. Counsel for the petitioners also submitted that in past also, this court has been entertaining the writ petitions and only on account of territorial jurisdiction, the petitioners may not be non-suited. Counsel further submitted that the State Government, if takes a decision which affects the rights of the present petitioners and even if they are having their educational Institutions/Colleges in Dungarpur and Banswara, the petitioners are well within their right to assail the orders of the State Government as whole part of cause of action has arisen to the petitioners to assail the said action of the State Government. Counsel further submitted that even the powers given to this court under Art. 226(2) of the Constitution of India can be exercised in a given case in relation to those territories wherein seat of such authority or Government is not within the territories of this court.

Counsel also submitted that if the cause of action as a whole or