The NCTE Act grants exclusive authority to the NCTE for recognition and de-recognition of educational institutions, limiting the State's role to a formal approval process.

JUDGMENT

1. All these writ petitions raise common question and therefore, the same have been heard together and are being decided by this common order.

2. The petitioners-institutions are engaged in imparting teachers training education and the present cases are in relation to running of Diploma Course in Elementary Education (hereinafter referred as 'D.El.Ed. Course'). After having fulfilled all the requisite mandatory conditions required for recognition for the D.El.Ed. (D.B. SAW/284/2021 and 9 more have been filed in this matter. Please refer the same for further orders) Course as provided for under the National Council of Teachers Education Act, 1993 (hereafter referred as 'NCTE Act) and the rules framed therein in 1997, they applied for recognition to the Northern Regional Committee of the NCTE (hereafter referred as 'NRC') in the various years and after conducting inspection by the visiting team and examining its report, a decision was taken to grant recognition to the petitioners-institutions for running D.El.Ed. Course.

3. The case of the petitioner-institution in SB Civil Writ Petition No.1712/2021 (B.D.M.L. Shikshan Sansthan v. The State of Raj. & Ors.) is that the NRC-NCTE granted recognition on 20th December, 2018 and approval for annual intake for two units (100 seats) was granted. Therefore, it approached the affiliating body namely; Director (Elementary Education), Bikaner for issuance of no objection certificate (hereinafter referred as 'NOC') as well as for granting of affiliation.

3.1 The State Government had already issued a letter of intent as per Cause 7 (13) of the NCTE (Recognition, Norms and Procedure) Regulations, 2014 which is a precondition for applying for recognition. The staff approval list was duly approved by the Director, Elementary Education based upon the recommendation order issued by the NRC (NCTE) but the respondent-State did not issue the NOC.

3.2 In absence of the NOC, name of the petitioner-institution was not forwarded to the Coordinator, resultantly the students were not able to submit their option for allotment of College for the Academic Session 2019-20. The petitioner-institution again submitted representation requesting to forward name of the (D.B. SAW/284/2021 and 9 more have been filed in this matter. Please refer the same for further orders) petitioner-institution to the Coordinator for inclusion of name of the petitioner-institution in the list of Colleges. An interim order was passed in SB Civil Writ Petition No.9375/2019, ultimately, after filing of contempt petition, the students were allowed.

3.3 For the year 2020-21, the respondents uploaded the counselling schedule but name of the petitioner-institution was not included. An inspection had been conducted for the Academic Session 2019-20 and the petitioner-institution was found to be fulfilling all the criterias and recommendation was made for granting NOC.

3.4 In 2020-21, however, the NOC was not granted on the premise that a sudden inspection of the petitioner-institution was conducted and it was stated that a negative report was prepared by overwriting with the sole purpose to teach a lesson to the petitioner-institution as an interim order was passed by the Court directing the respondents to allow the petitioner-institution to be included in the counselling.

3.5 It was submitted by the petitioner-institution that the respondents conducted a sudden inspection without any information during the Covid period and no show cause notice was issued to point out any deficiency. It was further submitted that only 30 institutions, who had earlier approached this Court for their justified grievances, have been found to be not fulfilling the norms of the NCTE Regulations of 2014 and the inspection conducted was actuated by bias and prejudice.

3.6 The petitioner-institution submitted that the College was running the course and imparting quality education to the students. On 23/11/2020, when there was a lock-down on account (D.B. SAW/284/2021