1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL WRIT PETITION NO.12234/2008 A.N. M.Ed.College Versus The State of Rajasthan and others Date of order ::: November 06,2008 HON'BLE MR.JUSTICE PREM SHANKER ASOPA Mr.Sumer Singh, for the petitioner Dr.A.S.Khangarot, Addl.GA Issue notice to the respondents. Dr.A.S.Khangarot, Addl. GA is directed to accept notices. Counsel for the petitioner has pressed for urgent disposal of the writ petition for the reason that the present counselling, which will be over on 10.11.2008, appears to be the last counselling and the academic session 2008-2009 is likely to be started very soon. For the aforesaid reason, the other side has no objection for hearing of the case at this stage. By the aforesaid writ petition, the petitioner is seeking appropriate writ, order or direction to extend approval for allotment of seats in the counselling of students for M.Ed. course for the session 2008-2009. Submission of counsel for the petitioner is 2 that the NCTE has granted 'No Objection' on 30.9.2008 and thereafter, the petitioner has applied to the State Government for grant of the No Objection but no decision has been taken. In the meanwhile, the last counselling has been notified according to which the counselling is to take place on 9th and 10th November, 2008 and the candidates are to report themselves in the allotted colleges by 14.11.2008. Submission of Dr.A.S.Khangaor,t Addl. GA is that the approval was granted by the NCTE on 30.9.2008 subject to the fulfilment of the five conditions as referred in Para 3 thereof. I have gone through the contents of the writ petition and considered the submissions of the counsel for the parties. Para 3 of the No Objection certificate of the NCTE is as follows: “3. NOW, THEREFORE, in exercise of the powers vested under Section 15 (3)(a) of the NCTE Act, 1993, the Northern Regional Committee hereby grants recognition/permission to A.N. M.Ed.College,Ramu Ka Bas, Gokulpura, NH-11, Sikar Rajasthan for conducting M.Ed. Course of PG (level) of one year duration an annual intake of 25 (Twenty five only) students from the academic session 2008-09 under clause 7(11) of NCTE Regulation, 2007 notified on 10.12.2007 subject to fulfilment of the following: (i) The admission in the institution 3 so recognised for the academic session 2008-09 shall be made only after affiliation by the examining body,before the commencement of the academic year and the admission of the students shall be completed well before the cut of date prescribed by the examining body for the academic year 2008-2009, failing which the recognition will be deemed to be for the next year academic year that is 2009-2010. (emphasis supplied) (ii) Formal orders for recognition/permission will operate for 2008-2009 only if requirement of 180 teaching days in the session would be fulfilled as per calendar of the University / affiliating body. The decision of the University in this record shall be final. (iii) The institution shall, within one month of the receipt of recognition order, convert the endowment fund and reserve fund accounts into joint accounts to be operated along with an officer of the Northern Regional Committee. (iv) The institution shall comply with the various other norms and standards prescribed in the NCTE regulations, as amended from time to time. (v) The institution shall make admission only after it obtains affiliation from the examining body in terms of clause 8(12) of the NCTE Regulations, 2007 notified on 10.12.2007.” In my view, keeping the application pending by the State Government is without any justification. Appropriate orders ought to have been passed prior to the initiation of the said 4 process of the counselling. Therefore, it would be in the interest of justice to direct that in case counselling for M.Ed. is going to be held on 9th and 10th November, 2008, then the State Government will pass appropriate orders on the application of the petitioner on or before 8th November, 2008. In case of any difficulty, it would be permissible for the respondent State to reasonably extend the period of counselling. The writ petition is disposed of. (PREM SHANKER ASOPA) J. गोpa ल