1 S.B.Civil Writ Petition No. 78/09 Swami Vivekanand Teacher Training College Vs. The N.C.T.E. & Ors. S.B.Civil Writ Petition No. 79/09 Vidyasthali Shiksha Prashikshan Mahavidyalaya Vs. The N.C.T.E. & Ors. S.B.Civil Writ Petition No. 80/09 Shri Dau Baba T.T.College Vs. The N.C.T.E. & Ors. S.B.Civil Writ Petition No. 81/09 Shri Dau Baba T.T.College Vs. The N.C.T. E. & Ors. S.B.Civil Writ Petition No. 82/09 Tessitori Research Institute for Science Education and Technology Bikaner Vs. The N.C.T.E. & Ors. S.B.Civil Writ Petition No. 83/09 Universe Teacher Training College Vs. The N.C.T.E. & Ors. S.B.Civil Writ Petition No. 84/09 Sandeepan College of Education Vs. The N.C.T.E. & Ors. S.B.Civil Writ Petition No.85/09 The Amity Institute of Education Vs. N.C.T.E. & Ors. S.B.Civil Writ Petition No. 86/09 Ram Singh Vishnoi T.T.College Vs. The National Council for Teacher Education & Ors. S.B.Civil Writ Petition No.87/09 Adarsh T.T.College Vs. The N.C.T.E. & Ors. S.B.Civil Writ Petition No.88/09 Adarsh Teachers Training College, Jodhpur Vs. The N.C.T.E. & Ors. S.B.Civil Writ Petition No.89/09 Shri Ram Singh Vishnoi T.T. School Vs. The National Council for Teacher Education & Ors. S.B.Civil Writ Petition No. 90/09 Maharaja T.T.College Vs. State of Raj. & Ors. 2 S.B.Civil Writ Petition No. 14040/08 I.G.M. Sanskrit Teachers's Training College Vs. The National Council for Teacher Education & Ors. S.B.Civil Writ Petition No. 14041/08 Shri Adarsh Mahila Shiksha Shastri College Vs. The N.C.T.E. & Ors. S.B.Civil Writ Petition No. 14042/08 Seva T.T.College Vs. The N.C.T.E. & Ors. S.B.Civil Writ Petition No. 14043/08 Shri Radha Raman T.T.College Vs. The N.C.T.E. & Ors. S.B.Civil Writ Petition No. 14044/08 Vivekanand T.T.College Vs. The N.C.T.E. & Ors. S.B.Civil Writ Petition No. 14045/08 Shriram T.T.College Vs. The N.C.T.E. & Ors. S.B.Civil Writ Petition No. 14046/08 Vikas T.T.College Vs.The N.C.T.E. & Ors. S.B.Civil Writ Petition No. 14047/08 Ramanand Vidhya Mandir Girls T.T.College Vs. The N.C.T.E. & Ors. S.B.Civil Writ Petition No. 14049/08 Swami Vivekanand T.T.College Vs. The N.C.T.E. & Ors. S.B.Civil Writ Petition No. 14048/08 Indian Teacher Training School Vs. The N.C.T.E. & Ors. S.B.Civil Writ Petition No. 14084/08 Bhom Singh T.T.College Vs. The N.C.T.E. & Ors. S.B.Civil Writ Petition No. 14085/08 B.S. T.T. College Vs. The N.C.T.E. & Ors. S.B.Civil Writ Petition No.14153/08 Mahatma Gandhi T.T. Institute Vs. The N.C.T.E. & Ors. S.B.Civil Writ Petition No.14196/08 Shri Krishan T.T.College Vs. The N.C.T.E. & Ors. 3 S.B.Civil Writ Petition No. 14197/08 Satguru Shikshak Prashikshan Sansthan Vs. The N.C.T.E. & Ors. S.B.Civil Writ Petition No. 14198/08 Brillaints Academy Shiksha Samiti College Vs. The N.C.T.E. & Ors. S.B.Civil Writ Petition No. 13849/08 Shri Guru Teg Bahadur College of Education Vs. The National Council for Teacher Education & Ors. S.B.Civil Writ Petition No.13850/08 Ravi Shikshak Prakhikshan Mahavidhyalaya Vs. The National Council for Teacher Education & Ors. S.B.Civil Writ Petition No. 13851/08 L.B.S. B.Ed. College Vs. The National Council for Teacher Education & Ors. S.B.Civil Writ Petition No. 13852/08 Sharda Co-Educational Teacher Training College Vs. The National Council for Teacher Education & Ors. S.B.Civil Writ Petition No. 13853/08 Maa Laxmi College of Education Vs. The National Council for Teacher Education & Ors. S.B.Civil Writ Petition No. 13878/08 Akashdeep Teacher Training College Vs. The National Council for Teacher Education & Ors. S.B.Civil Writ Petition No. 13879/08 Smt. Maina Devi T.T.College Vs. The N.C.T.E. & Ors. S.B.Civil Writ Petition No. 13880/08 Smt. Vinod College of Girls Education Vs. The N.C.T.E. & Ors. S.B.Civil Writ Petition No. 14245/08 Kanhaiya Lal Agarwal Memorial College Vs. The N.C.T.E. & Ors. S.B.Civil Writ Petition No. 30/09 Santosh Devi Mahila Shikshan Prashikshan Mahavidhayalaya Vs. The N.C.T.E. & Ors. 4 S.B.Civil Writ Petition No. 57/09 Chandra Wati Guru Kul Girls T.T.College Vs. The N.C.T.E. & Ors. S.B.Civil Writ Petition No. 59/09 Palak Shikshak Prashikshan Mahavidyalaya Vs. State of Raj. & Ors. S.B.Civil Writ Petition No. 62/09 Maa Saraswati Teachers Training College Vs. State of Raj. & Ors. Date of order : 07.01.2009 HON'BLE MR.JUSTICE PREM SHANKAR ASOPA Mr. Mahesh Gupta with Kamal Gupta, 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 and Mr. I.R. Saini accept notice on behalf of respondents. Since the notices have already been accepted by both the counsels in some of the similar cases listed hereinabove, therefore, the cases were heard finally with the consent of the parties. In all these cases common questions of fact and law are involved, therefore, the same are being decided together. By these writ petitions, the petitioners have challenged the orders dated 17.11.2008 and 19.11.2008 passed by the Secretary, Education and Member Secretary, 5 National Council for Teacher Education (NCTE) respectively. Vide order dated 17.11.2008, the State has written a letter to the NCTE that there are, in all, 787 recognized B.Ed. Institutions wherein near about 90,000 students are being trained every year and in STC Sanskrit/Shiksha Shastri courses there are 321 Institution wherein 25,000 students are being trained every year. Thus, in all 1.15 lakh students are being trained whereas the State is able to give employment to 20,000 students in one year. Thus, approximately one lakh trained students are unemployed and keeping in view the same, there is no need of the further training institutions. Considering all the aforesaid aspect of the matter, NCTE should wait for approval of the competent authority, but since the code of conduct for coming assembly election has been imposed, therefore, the approval is pending for want of new Ministry. In the last, it has been mentioned that request was made to the NCTE not to recognize any B.Ed./S.T.C. Institution for the Session 2009-10 and the decision in this behalf would be made aware to the NCTE after the constitution of the new government. 6 Considering the said letter, the NCTE either rejects or returns the application for B.Ed./STC/ Shiksha Shastri Course for the academic session 2009-10. The submission of the counsel for the petitioners is that the said order is of interim nature, therefore, the NCTE ought not to have acted upon the same. Counsel for petitioners further submits that this Court passed the following interim order on December 22,2008 :- “Counsel submits that the State Government vide letter dated 17.11.2008 passed interim directions to the respondent(s) not to grant any recognition to B.Ed./S.T.C. College during the academic year 2009-10 considering the fact of State Assembly Elections, 2008 and formation of the new government but still the N.C.T.E. Started either rejecting or returning the application without waiting for the final order passed by the State Government. Issue notice to the respondents. Mr. Sanjay Pareek is directed to accept notice for the NCTE. Mr. J.M. Saxena, Addl. AG is directed to accept the notice on behalf of the State of Rajasthan. List on 07.01.2009. Meanwhile, the respondents are restrained from rejecting/returning the application of the petitioner.” Today Mr. Sanjay Pareek placed before me the approval letter of the newly constituted government dated 03.01.2009 whereby the earlier impugned letter dated 17.11.2008 7 has been approved. At this stage, counsel for the petitioners cited one judgment of the Supreme Court reported in (2006) 9 SCC titled as State of Maharashtra Vs. Sant Dnyaneshwar Shikshan Shastra Mahavidyalaya & Ors. wherein the policy decision of the Maharashtra Government not to open any new B.Ed. Institution has been struck down by the Bombay High Court as the NCTE has issued the recognition order despite objection by the State of Maharastra and the same was upheld by the Supreme Court after discussing the various provisions of the NCTE Act, 1993. The counsel for the petitioners also submits that the problem of an unemployment is a general problem in all fields not in teaching field only otherwise also the required qualification is graduation and graduates are also unemployed but the State has failed to consider the same. In the instant case, the NCTE is still neither passing any final recognition order nor finally rejected the application. However, 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 8 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. (PREM SHANKAR ASOPA),J. Gandhi