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2008 Supreme(Raj) 1258

[Citation : 2009(2) RLW 1197 (Raj.)]
(Rajasthan High Court)
Jaipur Bench
Bright Future Teacher Training Vs. State (Asopa, J.)
HON BLE PREM SHANKER ASOPA, J.
Bright Future Teacher Training
Versus
State
S.B. Civil Writ Petition No.13038 of 2008 & 9 Ors., decided on 12.12.2008

Advocates Appeared
A.K. Bajpai and V.D. Gathala, for Petitioner;
J.M. Saxena, Addl. A.G., for State;
R.A. Katta, for University of Rajasthan;
G.K.Garg, for University of Kota;
Sanjay Pareek, for N.C.T.E.

Headnote:Ordinance of University of Rajasthan, Ordinance, 320, 322 — Right of the State Govt. to with-hold no objection in B.Ed. Matters after grant of recognisation by N.C.T.E. — Held — The Govt. has no effective role in the matter of admission after recognition order by the N.C.T.E. — Affiliation to the university is automatic on deposit of requisite fees — Impugned order quashed and set-aside — Issued directions. (Paras 26 to 32)

       Writ petition allowed.

        jktLFkku foofo|ky; v/;knsk] v/;knsk 320] 322 & ,u-lh- ^^vukifRr** jksdus dk jkT; ljdkj dk vf/kdkj & vfHkfu/kkZfjr & ,u-lh-Vh-bZ- }kjk ekU;rk dh vknsk iznku djus ds ipkr~ ch-,M- esa izosk ds ekeys esa jkT; ljdkj dk dksbZ izHkkoh Hkwfedk ugha jg tkrh & okafNr kqYd tek djkus ij foo fo|ky; ls lEc)rk Lor% gh gks tkrh gS & vk{ksfir vknsk vfHk[kf.Mr ,oa vikLr fd;k & fnkk funsZk tkjh fd;sA ?in la[;k 26 ls 32?

       ;kfpdk Lohdkj dhA


       .

Hon ble ASOPA, J.—By the aforesaid writ petitions, the petitioners have challenged the impugned orders of rejection of No Objection vide orders dated 7/10.11.2008 which were passed after the final order passed by this Court in the writ petitions earlier filed by the present petitioners as well as other connected writ petitions on 5.11.2008.

2. Since common questions of fact and law are involved in these writ petitions, therefore, they are again clubbed together and are being decided together.

3. For the purpose of decision of these writ petitions, the facts of S.B. Civil Writ Petition No.13038/2008 Bright Future Teachers Training College vs. State of Rajasthan and others are taken as the leading facts.

4. The petitioner applied to the National Council for Technical Education (for short `the N.C.T.E. ) for grant of recognition/permission for starting B.Ed. Course of one year duration with annual intake of 100 students. On 29.4.2008, the petitioner deposited the requisite fee/charges and made request to the University of Rajasthan for granting affiliation to the petitioner for B.Ed. Course. On 30.9.2008, the N.C.T.E. granted recognition/permission for starting B.Ed. Course of one year duration with annual intake for the academic year 2008-2009 subject to certain conditions and in case of non-fulfilment of the same, the recognition would be deemed to be for the next academic year i.e. 2009-2010. On 30.9.2008, the petitioner made a request to the State of Rajasthan to issue the No Objection in favour of the petitioner and to allow the petitioner to participate in the counselling for B.Ed. Course.

5. Since the petitioner was not allowed to participate in the counselling for admission in the B.Ed. Course, which was about to be held, the petitioner filed S.B.Civil Writ Petition No.12241/2008 before this Court for issuance of necessary direction to the respondents to allow the petitioner to participate in the counselling for admission of students in B.Ed.Course. It is pertinent to mention here that the aforesaid remaining writ petitions have been filed prior to 5.11.2008 and all of them have been disposed of on 5.11.2008 taking note of the fact that the counselling has been notified on 1.11.2008 and the same was to be over by 14.11.2008 but the applications of the petitioners were not decided.

6. By the aforesaid order dated 5.11.2008, the respondent State of Rajasthan was directed by this Court to examine the application of each of the petitioners and to pass appropriate orders by 10.11.2008 and on the same day, copies of the orders so passed be made available to the respective petitioner institution. Other necessary directions were issued to the University of Rajasthan as well as the Coordinator, P.T.E.T. with the further observation that in case of difficulty, it will be permissible for the State Government to co-ordinate with the other respondents and reasonably extend any date for completion of the formalities for the counselling.

7. On 7/10.11.2008, the respondent State of Rajasthan passed order that in order to provide equal opportunity, it would not be appropriate to grant admission to the persons lower in merit in the new Institutions and further in Science and Commerce, the students who obtained 30% marks in P.T.E.T.2008 have been admitted, therefore, keeping in view the standards of education and un-availability of the students above 30% marks, it would not be in the interest of the State to allow the College to participate in the counselling. In the said order, it has also been stated that considering the mandatory provision of completion of minimum 180 teaching days, the new Institutions cannot be allowed to participate in the counselling. Ultimately, it was concluded that for the academic year 2008-2009, participation of the petitioner in the counselling is not possible. For academic year 2009-2010, after examining the requisite eligibility, the participation of the respective Institutions in the counselling would be allowed
























































































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