S.B. Civil Misc. Writ Petition Nos. 679, 680, 681, 682, 683, 684, 685, 941, 865, 1320 and 1143/2017. Case: Sanskar T.T. College and Ors. Vs State of Rajasthan and Ors.. Rajasthan High Court

Case Number:S.B. Civil Misc. Writ Petition Nos. 679, 680, 681, 682, 683, 684, 685, 941, 865, 1320 and 1143/2017
Party Name:Sanskar T.T. College and Ors. Vs State of Rajasthan and Ors.
Counsel:For Appellant: Mahendra Shandilya and Saurabh Jain, Advs. and For Respondents: Inderjeet Singh, Additional Advocate General
Judges:Mohammad Rafiq, J.
Issue:Education Law
Judgement Date:February 07, 2017
Court:Rajasthan High Court
 
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Order:

Mohammad Rafiq, J.

  1. These writ petitions, except writ petitions No. 685/2017 and 1320/2017, have been filed by the petitioners aggrieved by refusal by respondents to issue 'no objection certificate' for certain courses for the academic session 2016-17. Further prayer is made for a direction to respondents to allot them students. Prayer is also made for a direction to respondent Coordinator of PTET-2016, Kota University, Kota, to allot them students for the academic session 2016-17.

  2. In writ petition No. 1320/2017 prayer is made for a direction to respondents to grant 'no objection certificate' to petitioner institution for D.El.Ed. Course of two years for academic session 2017-18 and for the subsequent academic sessions also, for which final recognition has already been granted by the Northern Regional Committee of the National Council for Teacher Education. Further prayer is made for a direction to respondent - Director of Elementary Education, Bikaner, to grant affiliation to the petitioner institution for D.El.Ed. Course of two years for academic session 2017-18 and for the subsequent academic sessions including the academic session 2018-19.

  3. Prayer in Writ Petition 685/2017 has been made for a direction to respondent State Government to grant 'no objection certificate' to petitioner institution for academic session 2016-17 and onwards, while allotting 100 seats/students for the academic session 2016-17 for B.Ed. Shiksha Shastri Course. Further prayer is made for a direction to respondent Coordinator of PSST-2016 Jagadguru Ramanandacharya Rajasthan Sanskrit University, Jaipur, to allot 100 seats/students (two Unit) to the institution of the petitioner society as per grant of recognition and approved annual intake of two units by the NCTE for the academic session 2016-17 for running B.Ed. Shiksha Shastri Course.

  4. Mr. Mahendra Shandilya, learned counsel for petitioner, contended that petitioners, except in Writ Petition No. 941/2017, earlier approached this court by filing writ petitions. The petitioners relied on judgment of the Supreme Court dated 08.09.2016 in State of Rajasthan Vs. LBS B.Ed. College and Others - Civil Appeal No. 9193/2016, wherein it was held that role of the State is very formal one and State is not expected to obstruct the commencement of admission process and academic courses once recognition is granted and affiliation is found to be acceptable. Learned counsel for petitioners submitted that NOC was not issued by the respondent State to the petitioners even when the NCTE had granted recognition to them, which fact had already been taken note of by the Supreme Court in para 15 of the judgment in State of Rajasthan Vs. LBS B.Ed. College and Others, supra. This court vide order dated 03.11.2016 disposed off S.B. Civil Writ Petition No. 11753/2016 - Sanskar T.T. College, Phulera, District Jaipur Vs. State of Rajasthan and Others, and relying on the binding judgment of the Supreme Court in State of Rajasthan Vs. LBS B.Ed. College and Others, supra, passed in respect of the State of Rajasthan itself, directed the Principal Secretary to the Government, Department of Higher Education, Government of Rajasthan, Government Secretariat...

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