The state cannot deny an institution the right to carry on courses based on deficiencies without informing the NCTE.

JUDGMENT

Dinesh Mehta, J. - Mr. Pankaj Sharma, learned aaG appears on behalf of the respondents pursuant to advance copy being served upon him.

2. Learned counsel for the petitioner submits that the controversy involved in the present writ petition is squarely covered by a decision dated 23.10.2021 rendered by this Court in SBCWP No.13291/2020, Dhapubai Bstc College Vs. State of Rajasthan & Ors, where this Court has held thus:-

'12. In view of what has been noticed above and following the reasoning given in the judgment of even date in a batch of writ petitions led by S.B. Civil Writ Petition No.2359/2021 (Surender Kaur Memorial College of Higher Education Vs. State & Ors.), the present writ petitions are allowed.

13. The respondent state/Director, Education is directed to permit the petitioners institutions to take part in the counseling to be conducted for the admission of the students in D.El. Ed. Course for academic year 2021-22 and onwards.

14. The stay applications also stand disposed of accordingly.

15. at this stage, Mr. Sharma, learned additional advocate General submitted that there are many irregularities or deficiencies in the institutions and thus some check should be allowed to be kept by the state.

16. In the opinion of this Court, even if the state has found certain deficiencies or lack of facilities, it is required of the state government to intimate the NCTE in this regard. This Court is sure that the NCTE will take appropriate action against such institution in accordance with law. But, on the pretext of the discrepancies, the state, at its own, cannot deny the petitioners their right to carry on the courses.'

3. Mr. Pankaj Sharma, learned aaG, is not in a position to dispute the aforesaid position of facts and law and upon Court's query, he informs that the counseling shall continue till 11.01.2022.

4. He, however, points out that the last date of registration was 03.01.2022, which has already passed.

5. The respondent - State is directed to register petitioner-institution on deposition of requisite fee as early as possible, preferably by 27.01.2022.

6. In view of the aforesaid, the present writ petition is disposed of in terms of judgment rendered in case of Dhapubai (supra) and the competent authority of the State is directed to issue 'NOC' to the petitioner, in accordance with law within one week.

7. The petitioner shall thereafter be permitted to take part in the ongoing counseling.

8. It will be required of the Institution to approach the concerned authority along with a web copy of this order for getting the NOC.

9. Stay application also stands disposed of accordingly.