1 S.B.Civil Writ Petition No. 201/09 Bhartiya Teachers Training College Vs. State of Rajasthan & Ors. S.B.Civil Writ Petition No. 204/09 Harnamdas Lekhraj Institute of Education Vs. State of Raj. & Ors. Date of order : 13.01.2009 HON'BLE MR.JUSTICE PREM SHANKAR ASOPA Mr. Ajay Gupta for the petitioners. Mr. Sanjay Pareek for the NCTE. Mr. I.R. Saini AAG for the State. Issue notice. Mr. Sanjay Pareek is directed to accept the notice of behalf of N.C.T.E. and Mr. I.R. Saini, A.A.G. is directed to accept notice on behalf of State. In both the cases common questions of fact and law are involved, therefore, the same are being decided together. Counsel for the parties submit that the controversy raised in both the writ petitions is squarely covered by the judgment of this Court dated 07.01.2009 passed in S.B.Civil Writ Petition No. 78/09 titled as Swami Vivekanand Teacher Training College Vs. The N.C.T.E. & Ors. The relevant portion of the same is as under :- “In the instant case, the NCTE is still neither passing any final recognition order nor finally rejected the application. However, 2 while processing the application, the NCTE has to take an independent decision in accordance with the aforesaid judgment of the Supreme Court. The order dated 03.01.2009 is not under challenge in all these writ petitions, therefore, no order can be passed on merit with regard to the policy of the State Government for not opening the new B.Ed./S.T.C. College. However, it is expected from the NCTE to act in accordance with the judgment of the Supreme Court reported in (2006) 9 SCC Page 1 and passed appropriate final order independently considering in all the aspect of the matter. Accordingly, the impugned order dated 17.11.2008 no more survives. Consequently, the impugned order dated 19th November 2008 will also not survive. However, in case any occasion arises then the petitioners are free to challenge the order dated 03.01.2008. The writ petitions are disposed of accordingly.” The present writ petitions are disposed of in terms of the aforesaid judgment. (PREM SHANKAR ASOPA),J. Gandhi 30,32