1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER (1) Uma Shiv Memorial College V. State & ors. S.B.CIVIL WRIT PETITION NO.12642/2008 (2) S.K.Teachers Training College V.State of Raj.& others (SBCWP No.12643/2008) (3) Acharya Naresh Shikshak Shiksh.V. State & ors. (SBCWP No.12648/2008) (4) Anand Shikshak Prashikshan V. State of Raj. (SBCWP No.12649/2008) (5) Nehru Teachers Training Coll. V.State & ors. (SBCWP No.12650/2008) (6) Maharshi Gautam Teachers Training V.State & or. (SBCWP No.12651/2008) (7) Millenium Mahila Shikshak V. State (SBCWP No.12652/2008) (8) Shradhalaya Women Teachers TTA V.State and others (SBCWP No.12653/2008) (9) Bharti Teachers Training College V. State (SBCWP No.12654/2008) (10)Yaduvanshi College of Edu. V. State and others (SBCWP No.12531/2008) Date of order ::: November 07,2008 HON'BLE MR.JUSTICE PREM SHANKER ASOPA Mr.A.K.Bajpai for the petitioner Mr.J.M.Saxena, Addl. AG for the State Mr.R.A.Katta, for the University of Rajasthan BY THE COURT (1) This is a bunch of similar writ petitions relating to the counselling of B.Ed. In some of the cases, copies of the writ petitions have already been given to the 2 opposite counsel and in others, copies of the writ petitions have been served today upon the counsel for the respondents. (2) Counsel for the petitioners have pressed for urgent disposal of the writ petitions for the reason that the present counselling, which will be over on 12.11.2008, 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 cases at this stage. (3) In some of these similar writ petitions, the petitioners are seeking direction against the State Government to issue the `No Objection Certificate` so that the petitioners may participate in the counselling for the academic session 2008- 2009. In other category of cases, orders of No Objection have been passed but the same have not been communicated to the Co- ordinator, PTET. (4) Submission of counsel for the petitioners is that after satisfying with all the requirements of infrastructure and staff, 3 the NCTE granted `No Objection' and after receipt of the same, either on 26th or 29th September, 2008, the petitioners have applied for No Objection to the State Government but the State Government has not decided their applications so far on account of which the petitioners will be deprived of counselling notified on 1.11.2008 according to which the counselling process has started from 3.11.2008 and will be over on 12.11.2008 and the same would result in denial of start of the academic session 2008-2009 in their respective Institutions. (5) Mr.J.M.Saxena,Addl. AG has drawn my attention to the No Objection Certificate issued by the N.C.T.E. wherein the issue has been made clear that the admissions in the Institutions so recognised for academic year 2008-09 shall be made only after affiliation by the Examining Body before the commencement of the academic year. Para 3.1 reads as under: “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 Uma Shiv Memorial College of Education 4 Plot No.13,Institutional Plan, Near Modi College, Albert Einstein Society Bhawan, Opp. Major Dhyan ChandStadium, Basant Vihar, Tehsil Ladpura, Kota, Rajasthan for conducting B.Ed. Course of Secondary (level) of one year duration an annual additional intake of 100 (One hundred 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 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. 5 (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.” (6) Mr.J.M.Saxena,Addl. AG further submits that a perusal of the aforesaid sub-clauses of Clause 3.1 would reveal that in case the formalities as required under the said sub clauses are not fulfilled then the recognition will be deemed to be for the next academic year i.e. 2009-2010. (7) Mr.Prithvi Raj Singh, counsel for the Coordinator, PTET submits that there are other formalities also for counselling which are required to be completed by the petitioners regarding the deposition of the fees as well as registration. The option is also required to be taken from the candidates. Since the No Objection has not been granted therefore, the option for the respective institutions has not been given by the candidates so far. (8) Counsel for the respondent University submits that in case the State Government grants No objection then they will consider 6 and pass appropriate orders regarding counselling on the same day on submission of the No Objection Certificate by the State Government to the Institutions. (9) I have gone through record of the writ petition and further considered the rival submissions of the parties. (10)In my view, the State Government ought to have passed appropriate orders on the application before the aforesaid notification dated 1.11.2008 but on account of the inaction, it is not clear whether the petitioners fulfilled all the aforesaid requirements or not and are further entitled to admit students for the session 2008-09 or not. (11) Accordingly, I direct the State Government to examine the application of each of the petitioners and pass appropriate orders by 10.11.2008 and on the same day, copies will be made available to the petitioner Institutions. On submission of the same to the University, appropriate orders will be passed by the University by 11.11.2008. The Coordinator, PTET is 7 directed to act as per the orders passed by the State Government and the University and will further complete all the formalities on 12.11.2008 and allot the students accordingly. (12) In cases where orders of the No Objection have been passed by the State Government and affiliation has been granted by the University, then the same shall be communicated to the authorities concerned forthwith. (13) It is also observed that in case of difficulty, it will be permissible for the State Government to co-ordinate with the other respondents and reasonably extend any of the dates for completion of the formalities for counselling. (14) The writ petitions are disposed of, as indicated above. (PREM SHANKER ASOPA) J. गोpa ल