1 IN THE HIGH COURT OF JUDICATURE OF RAJASTHAN AT JAIPUR BENCH, JAIPUR :: ORDER :: 1. D.B. CIVIL SPECIAL APPEAL (W) NO.890/2009 Dau Baba IT College Vs. The State of Rajasthan & Ors. 2. D.B. CIVIL SPECIAL APPEAL (W) NO.834/2009 Adarsh Shikshak Prashikshan Mahavidhyalaya Vs. The State of Rajasthan & Ors. 3. D.B. CIVIL SPECIAL APPEAL (W) NO.894/2009 H.P. Singhal Shikshak Prashikshan Mahavidhyalaya Vs. The State of Rajasthan & Ors. 4. D.B. CIVIL SPECIAL APPEAL (W) NO.902/2009 Vinayak College of Education Vs. Regional Director, NRC, NCTE & Ors. 5. D.B. CIVIL SPECIAL APPEAL (W) NO.904/2009 Shri Krishna Satsang Girls B.Ed. College Vs. The State of Rajasthan & Ors. 6. D.B. CIVIL SPECIAL APPEAL (W) NO.943/2009 Satguru Teacher Training College Vs. The State of Rajasthan & Ors. 7. D.B. CIVIL SPECIAL APPEAL (W) NO.972/2009 S.D College of Education Vs. NCTE & Ors. 8. D.B. CIVIL SPECIAL APPEAL (W) NO.979/2009 Santosh Devi Mahila Shikshan Prashikshan Mahavidhyalaya Vs. NCTE & Ors. 2 9. D.B. CIVIL SPECIAL APPEAL (W) NO.980/2009 Kamla Shikshak Prashikshan Mahavidhyalaya Vs. NCTE & Ors. 10. D.B. CIVIL SPECIAL APPEAL (W) NO.981/2009 Jai Adarsh Shikshak Prashikshan Mahavidhyalaya Vs. NCTE & Ors. 11. D.B. CIVIL SPECIAL APPEAL (W) NO.1045/2009 Jan Swasthya Awam Kalyan Sansthan Vs. NCTE & Anr. 12. D.B. CIVIL SPECIAL APPEAL (W) NO.1046/2009 Carrior Teaches Training School Vs. State of Rajasthan & Ors. 13. D.B. CIVIL SPECIAL APPEAL (W) NO.1047/2009 M.L.D. Memorial Sansthan Vs. State of Rajasthan & Ors. 14. D.B. CIVIL SPECIAL APPEAL (W) NO.1053/2009 Brilliants Academy Shiksha Samiti College Vs. State of Rajasthan & Ors. 15. D.B. CIVIL SPECIAL APPEAL (W) NO.1142/2009 Sujan Memorial Mahila Shikshak Prashikshan Mahavidhyalaya Vs. State of Rajasthan & Ors. 16. D.B. CIVIL SPECIAL APPEAL (W) NO.1186/2009 The Managing Society of Proposed Tessitory Research Institute for Science Education & Technology Vs. Union of India & Ors. 3 17. D.B. CIVIL SPECIAL APPEAL (W) NO.1190/2009 Gyan Jyoti Education Society Vs. Union of India & Ors. 18. D.B. CIVIL SPECIAL APPEAL (W) NO.1191/2009 Radhakrishan Hindu Utthan Shiksha Samiti Vs. Union of India & Ors. 19. D.B. CIVIL SPECIAL APPEAL (W) NO.1192/2009 St. JKL Educational Society Vs. Union of India & Ors. 20.D.B. CIVIL SPECIAL APPEAL (W) NO.010348/2009 Satguru Shikshan Sansthan Vs. Union of India & Ors. 21.D.B. CIVIL SPECIAL APPEAL (W) NO.011497/2009 Maa Bhagwati Educational & Research Foundation Vs. NCTE & Ors. 22. D.B. CIVIL SPECIAL APPEAL (W) NO.25/2010 Shri Shastri Mahila STC School Vs. NCTE & Anr. 23. D.B. CIVIL SPECIAL APPEAL (W) NO.26/2010 Shekhawati STC School Vs. NCTE & Anr. 24. D.B. CIVIL SPECIAL APPEAL (W) NO.151/2010 Shri Chawanda Shikshak Prashikshan Mahavidhyalaya Vs. State of Rajasthan & Ors. 25. D.B. CIVIL SPECIAL APPEAL (W) NO.304/2010 Bhagwati Shikshak Prashikshan Mahavidhyalaya Vs. State of Rajasthan & Ors. 4 26. D.B. CIVIL SPECIAL APPEAL (W)NO.02055/2010 Chandrawati Gurukul Girls Teacher Training College Vs. NCTE & Ors. 27. D.B. CIVIL SPECIAL APPEAL (W) NO.02830/2010 J.M. B.Ed. College Vs. NCTE & Ors. 28. D.B. CIVIL SPECIAL APPEAL (W) NO.202/2010 Indian Teacher Training School Vs. State of Rajasthan & Ors. 29.D.B.CIVIL SPECIAL APPEAL (W) NO.012056/2009 Panna Dhay BSTC College Vs. State of Rajasthan & Ors. 30.D.B.CIVIL SPECIAL APPEAL (W) NO.012057/2009 Krishna B.Ed. College Vs. State of Rajasthan & Ors. 31.D.B. CIVIL SPECIAL APPEAL (W) NO.04396/2010 Krishna Adarsh Shiksha Samiti Vs. State of Rajasthan & Ors. 32.D.B.CIVIL SPECIAL APPEAL (W) NO.06723/2010 Aryan TT Academy Vs. NCTE & Ors. Date of Order : 23rd December, 2010 P R E S E N T HON'BLE THE CHIEF JUSTICE MR. ARUN MISHRA HON'BLE MR. JUSTICE MAHESH BHAGWATI 5 Mr. A.K. Sharma, ] Mr. R.N. Mathur, ] Mr. Alok Sharma, ] Mr. Mahesh Gupta, ] Mr. Ajay Gupta, ] Mr. J.K. Yadav, ] Mr. Harshvardhan Nandwana,] for the appellants. Mr. Shashi Bhushan Gupta, ] Mr. P.C. Sharma, ] Mr. Rahul Kamwar ] Mr. Dinesh Yadav, Additional Advocate General for the State. Mr. Sanjay Pareek for respondents No.2 and 3. 1. In these intra-court appeals, the question involved was for recognition for the academic sessions 2008-09 and 2009- 10. The applications for recognition were not processed by the National Council for Teacher Education (hereinafter referred to as 'the NCTE') and the Northern Regional Committee (hereinafter referred to as 'the NRC') of NCTE. The Single Bench has dismissed the writ applications. Consequently, the appellants are before us. 2. The petitioners came up with the case that they have submitted applications for grant of recognition of courses for the academic sessions 2008-09 and 2009-10 and their applications were kept pending despite the inspection deficiencies having been removed by them, whereas the applications of many other institutions were entertained and recognition was also granted. The State Government also wrote a letter on 17.11.2008 to the NCTE not to grant recognition to any institution in the State of Rajasthan for the academic session 2009-10 considering the fact that large number of 6 institutions in the State of Rajasthan have been recognized where the large number of students are obtaining education. Against the communication issued by the State Government, several writ petitions have been preferred, which were decided vide order dated 7.1.2009 by this Court. This Court directed the that the NCTE shall look into the matter objectively and independently and take the decision thereupon. 3. The NCTE/NRC, thereafter, took the decision denying grant of recognition to any of the institution for B.Ed/STC/Shikshashastri courses in the State of Rajasthan for the academic session 2009-10 and returned the applications accordingly on 27.1.2009. The petitioners assailed the action by way of filing the writ application submitting that they have already created infrastructure by incurring huge expenditure and employed teachers in terms of norms. Action of blanket ban cannot be said to be appropriate. 4. It was contended on behalf of the NCTE and the NRC that in order to achieve planned and coordinated development of teachers education system throughout the country and to achieve the objective, the NCTE Regulations were framed in the year 2002 and they have been amended thereafter. The NCTE took the decision to regulate growth of the teachers training institutions and notified on 1.10.2008 and 31.10.2008. The decision was rightly taken not to grant recognition to the institutions for the academic session 2009-10 in the State of 7 Rajasthan. No discrimination had been meted for the academic session 2008-09. The institutions which had removed the deficiencies were granted recognition leaving others who failed to remove the deficiencies in time. No recognition order could be issued for academic session 2008-09 considering the fact that the academic session 2008-09 was at the fag end. The stand of the State Government was that input was submitted and thereafter independent decision has been taken by the NCTE in the interest of teachers education. The Single Bench has upheld the decision of the NCTE and the NRC. However, at the same time, it has been observed that the NCTE will take fresh decision for grant of recognition to the petitioners institutions for the academic session 2010-11, if they find that institution should be given recognition in the State of Rajasthan, then subject to fulfillment of conditions of the provision of law, petitioners-institutions may be given priority for grant of recognition. The NCTE has not come up in appeal against the said decision rendered by the Single Bench. The appeals have been preferred at the instance of institutions. We need not go into the gamut of the facts for the academic session 2008-09, as it stands over. 5. Now the controversy however arose for the academic sessions 2010-11 and 2011-12. 6. Learned counsel appearing on behalf of the petitioners have submitted that in terms of order passed by the Single 8 Bench, cases of the petitioners-institutions ought to have been taken into consideration as the pending matters, initially the applications which were filed were not entertained or partly processed and thereafter, on account of the ban imposed in the State of Rajasthan to proceed further in the matter, applications were re-submitted before the NRC for grant of recognition, as such, their applications have to be treated as pending one. The decision has been taken by the NRC on 9.9.2010 to process the applications which were kept pending due to ban imposed and to consider them for grant of recognition for the academic session 2010-11. Thus cases of the applicants be directed to be processed in the light of said decision and the discrimination could not have been meted out to the petitioner-institutions in terms of the order passed by the Single Bench. The applications have to be considered on priority basis. The appellants-institutions are entitled for consideration of their cases for grant of recognition. Agenda item No.166.04.00 and decision of the NRC has been placed on record. Thus, submissions have been made that their cases be ordered to be treated on similar footing. 7. Shri Pareek, learned counsel appearing on behalf of the respondents-NCTE/NRC submitted that the decision of NRC is in respect of those cases which have reached the stage of regulation 7(11) of NCTE Regulations and letter of intent prior to the recognition under regulation 7(9) of the NCTE Regulations have been issued. In those cases only, it has been 9 decided to extend the recognition, in case it is possible for the academic session 2010-11 or 2011-12, subject to riders No.(i) and (ii) mentioned in para 3 of Agenda Item No.166.04.00, which has been approved by the NRC in its meeting dated 9.9.2010. Cases of the petitioner-institutions did not reach the stage of regulation 7(9) or 7(11), as such, they are not entitled for any benefit of the said NCTE Regulations. Counsel has also submitted there is ban in respect of grant of recognition for the academic session 2011-12 and fresh intake of the students for the said academic session 2011-12. There was also ban imposed on 26.7.2009 for the academic session 2010-11. No discrimination is going to be caused by the decision taken by the NRC in its meeting dated 9.9.2010 to grant recognition to such institutions whose cases were pending in which stage of regulation 7(9) or 7(11) had been reached but orders have not been issued of recognition. 8. Academic sessions 2008-09 and 2009-10 are already over. Decision taken by the NCTE for the academic session 2010-11, can be considered. Earlier decision was taken in consultation with the States/Union Territories not to further recognize/permit institutions for conducting the teacher training courses. Such decision was taken inter alia in the State of Rajasthan with respect to B.Ed/STC/Shikshashastri Courses. Thus, the ban was imposed on recognition of the institutions for the aforesaid courses. Decision has also been taken in August 2010 with respect to two aspects i.e.not to accept application 10 for recognition of the teacher training course including the additional intake to the existing recognition courses for the academic session 2011-12 inter alia in the State of Rajasthan. However, the NRC in its meeting dated 9.9.2010 has decided in view of the fact that aforesaid ban is only on fresh receipt of application for the academic session 2011-12 and therefore, the old pending cases are to be disposed of on merit, without any reference to the ban, in the backdrop of the aforesaid agenda item and also the fact that in certain cases have reached stage of Regulation 7(11) of the NCTE Regulations and of letter of intent prior to recognition under Regulation 7(9) of the NCTE Regulations. In such cases where NRC had decided to grant recognition under Regulations 7(9) or 7(11), order be issued for the academic session 2010-11, subject to riders (i) and (ii) mentioned in para 3 of the agenda item, which has been approved by the NRC vide agenda item No.166.04.00 Misc. Cases. Agenda Item No.166.04.00 alongwith decision of NRC, in entirety, is quoted below:- “AGENDA ITEM NO.166.04.00 MISC. CASES Consideration of letter No. 48-6/2010/PT-III/NCTE/(N & S) dated 31/8/2010 issued by the National Council for Teacher Education, New Delhi regarding issue of recognition orders under clause 7 (11) or 7 (9) of the NCTE Regulations, in cases where issuing of such order was held up in view of the earlier ban imposed in 2009. Letter No. 48-6/2010/PT-III/NCTE/(N & S) dated 31/8/2010 issued by the National Council for Teacher Education, New Delhi to the all Chairman and Regional Director of all four Regional Committee, of NCTE in which it is stated that the matter regarding issue of recognition order under clause 7(9) or 7(11) of NCTE Regulations to the institutions which were found eligible for grant of recognition orders on merit but where orders could not be issued due to the ban imposed by 11 the NCTE on 26th July, 2009 has been considered by the Council and it is clarified that such pending orders now be issued. This is due to the consideration that the present ban in only on fresh receipt of application for the academic session 2011-12 and therefore, the old pending cases are to be disposed on merit, without any reference to the ban. 2. In this regard it is submitted that the in the previous meetings of NRC the decision for grant of recognition under section 7(9) or 7(11) of NCTE, Regulation was taken but the session for which recognition was to be granted was not mentioned in the decision, some appeal order has also been received in the office of NRC with the direction to NRC to grant recognition to the institutions under section 7(9) or 7(11) of NCTE, Regulations subject to the condition that the recognition in such cases be made operative from the date of withdrawal of the ban on further recognition of B.Ed. course in the State imposed by the NCTE and notified vide public Notice dated 28/07/2009. 3. If NRC approved, the recognition order under section 7 (11) of NCTE, Regulations, and letter of intent prior to the recognition under section 7(9) of NCTE, Regulations, in all such pending cases where NRC or Council (NCTE) had decided to grant recognition under section 7(11) or 7(9) of NCTE, Regulations be issued from the session 2010-2011 subject to the following condition: (i) The admission of students shall be made only after affiliation by the examining body before the commencement of the academic session and the admission of students shall be completed well before the cut off date prescribed by the examining body for the academic session 2011-12 failing which the recognition will be effective from the academic session 2011-12. (ii) Formal orders for recognition / permission will operate for 2010-2011 only if the requirement of 180 teaching days in the session is fulfilled as per calender of the University/Affiliating Body failing which the recognition will be effective from the academic session 2011-12. Decision of NRC: Para 3 above approved. In case of Uttaranchal, the academic session should be mentioned/ regulated as per decision taken in 163rd meeting of NRC in view of the delayed session in the State. The meeting ended with vote of thanks to the chair. (R.D. Sharma) (Hasib Ahmad) Convener RD, NRC, NCTE, Jaipur Chairman, NRC, NCTE, Jaipur” 12 9. It is apparent from the aforesaid agenda item and the decision of NRC and also notice published in August 2010 for academic session 2011-12, the ban was on accepting fresh applications for recognition of teacher training courses including additional intake to the existing recognized courses for academic session 2011-12 in the States/Union Territories. The NRC has decided that the ban is not applicable with respect to the old pending applications, they have to be processed. 10. Public Notice dated 28.7.2009 indicates that a decision was taken not to accept fresh applications for recognition or additional intake for providing or conducting teacher training course for the academic session 2010-11 in the States/Union Territories including the State of Rajasthan. The last date fixed under the Regulations for the year 2010-11 is already over and decision which has been taken in 166th meeting of NRC already prescribes that in case of academic session 2010-11, the admission of the students shall be made only after affiliation by the examining body before the commencement of the academic session and the admission of the students shall be completed before the cut off date prescribed by the examining body for the academic session 2010-11 failing which the recognition will be effective from the academic session 2011-12. Formal orders of recognition/permission will operate only if the requirement of 180 teaching days in the session 2010-11 is fulfilled as per calender of the University/Affiliating Body failing which the recognition will be effective from the academic session 2011- 13 12. The academic session 2010-11 has already commenced in August/September 2010. Last date of admission is over. Consequently, it would not be possible either to admit the students or to complete the requisite course of 180 teaching days. 11. Thus, we are left to ponder as to what is to be done with respect to academic session 2011-12? Since the NRC has decided to grant recognition in the pending cases and such cases are to be disposed of on merits, the Single Bench in the impugned order in the facts of the instant case, has observed thus:- “It is, however, observed that respondent – NCTE will take fresh decision for grant of recognition to petitioner institutions for the year 2010-11 if they find that institution should be given recognition in the State of Rajasthan, then subject to fulfilment of conditions of the provision of law, petitioner institutions may be given priority for grant of recognition.” 12. The NCTE is not aggrieved by aforesaid part of order and it has been decided to process pending cases for grant of recognition. Hence, in view of the order of Single Bench, the cases of the appellants-institutions are to be treated as pending and they are required to be decided on merits in terms of the order passed by the Single Bench of this Court, which has not been appealed against to by the NCTE/NRC. We are of the view that in the matter of grant of recognition, the pending cases cannot be distinguished merely on the basis of the stage they 14 reached under the Regulations. It is for the respondents to consider the pending cases and such pending cases of petitioners have to be treated on priority as per order of Single Bench and at least on the same footing. We hold so in view of the order passed by the Single Bench and also in view of the decision taken in 166th Meeting held by the NRC on 9.9.2010. We are not impressed by this submission that only those cases were required to be considered, where the stage of regulation 7 (9) or 7(11) had reached. The pending applications of appellants cannot be left out in view of order of Single Bench. However, on merits, it is for the concerned committee to take considered decision in the interest of education considering how many institutions are to be allowed at a particular place and whether the basic infrastructure is possessed by the institution alongwith requisite faculty. These are the aspects which are to be taken into consideration on objective basis by the concerned Regional Committee. Only thereafter, decision has to be taken for the academic session 2011-12. In these cases, applications for recognition have to be treated as pending, particularly in view of the order passed by Single Bench of this Court, we have issued the aforesaid direction. This direction is confined to the consideration of petitioners' cases. It is also agreed to that the necessary formalities which may be necessitated, will be complied with in terms of rules and on fulfilment of the formalities by the institutions and decision shall be taken by the concerned Regional Committee on or before 15.6.2010 for recognition for session 2011-12. 15 13. Thus, these intra-court appeals stand disposed of accordingly with the aforesaid directions. No order as to costs. (MAHESH BHAGWATI),J. (ARUN MISHRA),C.J. Skant/-