Disposed

Shri Ganpati Education v. State Elementary Educationors

Rajasthan HC11 Feb 2016CW/2058/2016

Case brief

AI extract

What is this about?

The Court disposed of several writ petitions challenging the rejection of applications for teacher training course recognition due to missing NOCs from affiliating bodies. Directions were issued for the affiliating authority to decide pending NOC applications within seven days and for NCTE to complete inspections and communicate recognition decisions by a specified date.

What did the court decide?

Directions issued to affiliating authority to decide pending NOC applications within seven days and to NCTE to communicate recognition decisions by March 3, 2016.

Shri Ganpati Education Vs State Elementary… — Education and Admissions | Rajasthan HC (2016)

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S.B. Civil Writ Petition No.2051/2016 & 15 connected petitions

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR

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ORDER

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(1) S.B. Civil Writ Petition No.2051/2016 D Millennium Education Society-Petitioner Versus State of Rajasthan & Ors.-Respondents

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(2) S.B. Civil Writ Petition No.452/2016 Raj Public School Society-Petitioner Versus

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State of Rajasthan & Ors.-Respondents

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(3) S.B. Civil Writ Petition No.304/2016 Dhattarwal Education Society-Petitioner Versus State of Rajasthan & Ors.-Respondents

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(4) S.B. Civil Writ Petition No.568/2016 Suhit Jan Kalyan Samiti-Petitioner Versus

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State of Rajasthan & Ors.-Respondents

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(5) S.B. Civil Writ Petition No.572/2016 Dhattarwal Education Society-Petitioner

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Versus

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State of Rajasthan & Ors.-Respondents

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(6) S.B. Civil Writ Petition No.576/2016 Gyandeep Shikshan and Gramin Vikas Sansthan-Petitioner

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Versus

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State of Rajasthan & Ors.-Respondents

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(7) S.B. Civil Writ Petition No.595/2016 Shri Devnarain Gram Vikas Sansthan-Petitioner

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Versus

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State of Rajasthan & Ors.-Respondents

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(8) S.B. Civil Writ Petition No.2056/2016 Swami Vivekanand Bahu-udeyeshy Vikas Sansthan-Petitioner

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Versus

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State of Rajasthan & Ors.-Respondents

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(9) S.B. Civil Writ Petition No.2057/2016 Ram Swaroop Agarwal Teachers Training College -Petitioner

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Versus

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State of Rajasthan & Ors.-Respondents

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(10) S.B. Civil Writ Petition No.2058/2016 Shri Ganpati Education & Welfare Society-Petitioner Versus

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S.B. Civil Writ Petition No.2051/2016 & 15 connected petitions

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State of Rajasthan & Ors.-Respondents (11) S.B. Civil Writ Petition No.2059/2016 Late Shri Badri Narayan Shiksha Samiti-Petitioner

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Versus

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State of Rajasthan & Ors.-Respondents

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(12) S.B. Civil Writ Petition No.2060/2016 Janjati Mahila Vikas Sansthan-Petitioner Versus

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State of Rajasthan & Ors.-Respondents

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(13) S.B. Civil Writ Petition No.2061/2016 Baberwar Siksha Samiti-Petitioner Versus

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State of Rajasthan & Ors.-Respondents

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(14) S.B. Civil Writ Petition No.2062/2016 Rajasthan Gramoudyog Vikas Sansthan-Petitioner Versus

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State of Rajasthan & Ors.-Respondents

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(15) S.B. Civil Writ Petition No.2063/2016 Saraswati Memorial Trust-Petitioner Versus

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State of Rajasthan & Ors.-Respondents

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(16) S.B. Civil Writ Petition No.2064/2016 Divine Akshya Siksha Samiti-Petitioner Versus

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State of Rajasthan & Ors.-Respondents

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Date of Order:-: 11^th February, 2016

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Hon'ble Mr. Justice Alok Sharma

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Mr. Indresh Sharma, Mr. M.S. Raghav, for petitioners. Mr. S.K. Gupta, AAG, Ms. Sumati Bishnoi with Mr. Sameer Sharma, for respondents.

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By the Court:-

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1. All the 16 writ petitions involve the same legal issue arising

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from the non-grant of NOC by the Competent Authority to the petitioners-Institutions whose applications for grant of recognition for various teacher training courses have been rejected by NRC (NCTE) at Jaipur or are in the course of being

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S.B. Civil Writ Petition No.2051/2016 & 15 connected petitions 3

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rejected under the N.C.T.E. (Recognition Norms and Procedure) Regulation 2014 (hereinafter “the Regulation of 2014”) for nongrant of NOC's for academic session 2016-17.

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2. Rule 5 of the Regulations of 2014 prescribes the manner of making applications for recognition of various teacher training courses and prescribes the time limits. Sub-Rule 3 thereof inter alia states that the application shall be submitted online electronically alongwith the processing fee and scanned copies of required documents such as No Objection Certificate issued by the affiliating body. Sub-Rule 5 states that duly completed applications in all respects be submitted to the Regional Committee concerned between 1^st March and 31^st May of the preceding year from the academic year for which recognition is sought. Sub-rule 6 provides that all applications received online from 1^st March to 31^st May of the year shall be processed for the next academic session and the final decision, either recognition granted or refused, shall be communicated to the applicant before 3^rd March of the succeeding year. Rule 12 of the Regulations of 2014 confers the power to relax, on the Chairperson of NCTC, any provision of the Regulation and the conditions detailed therein are satisfied.

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3. It appears that the State Government had taken a policy decision between 2007-2008 and 2014-15 not to grant any NOC's for setting up of teacher training institutions in the State of Rajasthan. However thereafter a decision appears to have been

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S.B. Civil Writ Petition No.2051/2016 & 15 connected petitions

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taken by the State of Rajasthan to allow setting up of new teacher training institutes and enhanced intake in existing courses in 12 Districts of the State i.e. Bhilwara, Sawai Madhopur, Dausa, Jaisalmer, Pali, Sirohi, Barna, Jhalawar, Banswara, Chittorgarh, Dungarpur and Pratapgarh.

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4. N.C.T.E. issued a notice on 27.02.2015 inviting applications for starting teacher training progarmmes for academic session 2016-2017. Under Regulations of 2014 i.e. 5 (5) the applications were to be submitted by 31^st March 2015. However by resort to Rule 12 of the Regulations of 2014, wide public notice dated 30.05.2015, the last date for submission of online application for recognition of teacher training programmes was extended upto 30.06.2015.

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5. The petitioners-Institutions claims to have filed online application on or before 30.06.2015 before the NRC (N.C.T.E.) at Jaipur seeking recognition for running the D.EI.ED course in the academic session 2016-2017. Off-line application is stated to have been subsequently filed. The application was however not accompanied by a NOC of the affiliating body—as an application for the purpose is stated to have been made on the same day.

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6. The affiliating body, the Elementary Education Department returned the application of the petitioner institute on 14.07.2015 on the ground that it was not received in time but only on 02.07.2015. A representation by the petitioners-Institution stated

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S.B. Civil Writ Petition No.2051/2016 & 15 connected petitions

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to have been filed on 28.07.2015 to the Director, Elementary Education asserting submission of the application for grant of NOC on 30.06.2015 was of no avail. This situation led to the petitioner filing SBCWP No.14259/2015 before this Court. The writ was disposed of on 31.010.2015 as under :

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“A direction is issued that in case the petitioner files necessary application with all documents within one month, it be decided within a month thereafter in accordance with law.”

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7. The petitioner in the circumstances submitted a further representation dated 05.11.2015, alongwith the application filed to NRC, to the affiliating authority. This was again rejected on 18.01.2016 on the ground of the application for NOC not having been filed upto 30.06.2015. It was also recorded that under Rule 5(3) of the Regulation of 2014, a valid application for grant of recognition for a teacher training course entailed a complete online application alongwith NOC from the affiliating body being filed by 31^st May of the academic year preceding for which affiliation was sought—which date had been extended to 30 June. And this had not been done making the application for recognition to NRC itself redundant. It was stated that a completed application for grant of NOC had not been filed before the affiliating body before 30.06.2015 and hence the application was liable to be rejected and so rejected.

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8. In the circumstances, with the requisite NOC not forthcoming from the affiliating body, NCTE on 04.12.2015 issued

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S.B. Civil Writ Petition No.2051/2016 & 15 connected petitions 6

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a show cause notice to the petitioner-Institution on 04.12.2015 requiring it to explain as to why its application for recognition of D.EI.Ed. Course for academic year 2016-17 not be rejected. Hence this petition.

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9. Heard counsel for the petitioner, the AAG Mr. S.K. Gupta for the Director, Elementary Education and Ms. Sumati Bishnoi for NRC (NCTE), Jaipur.

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10. What transpires from the Regulations of 2014 is that an application for grant of recognition for a teacher training course is valid only if submitted before the last date along with a NOC from the affiliating authority. In the case at hand the last date for submission of application for recognition of teacher training course D.EI.Ed. was—as extended—30.06.2015 for the academic year 2016-17. Strictly in terms of the Regulations of 2014, NOCs from the affiliating authority ought to have been obtained before that date. That was evidently not done. Both the applications for grant of recognition to the NRC (NCTE) and for grant of NOC to the affiliating body were filed on the same day. This should have in the ordinary course entailed the rejection of the application filed by the petitioner-Institution at the threshold. However NRC (NCTE) kept the application pending while the petitionerInstitution continued with pursuing grant of NOC by the affiliating body. The orders of rejection passed first on 14.07.2015 and then on 18.01.2016 following the representation submitted by the petitioner-Institution in terms of the order dated 31.10.2015

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S.B. Civil Writ Petition No.2051/2016 & 15 connected petitions

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in S.B.C.W.P. No.14259/2015 by the affiliating authority now have finally entailed NRC's notice dated 04.12.2015 for rejection of the application for recognition of the D.EI.Ed. for academic year 2016-2017. Quiet obviously all is not well with the NRC as evident from an ambiguous and seeking letter dated 16.10.2015 under the hand of its Regional Director, Dr. S.K. Chauhan which reads as under:-

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“To,

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The Director, Elementary Education, Government of Rajasthan, Bikaner, Rajasthan”

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Sub:- Issuance of No Objection Certificate by the Affiliating Bodies in respect of teacher training institutions submitted their applications to NCTE:-reg.

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Sir,

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I am to draw your attention towards letters dated 09.07.2015, 14.07.2015, 04.08.2015 and 18.09.2015 issued by your office inter-alia referring therein the issue of No Objection Certificate to be issued by the affiliating bodies so as to enable the applicant institutions to submit their applications in the office of NRC NCTE. It has been brought to the notice of this office that as an affiliating body you had taken a decision to issue No Objection Certificates to the institutions but due to lack of clarity from this office. The same could not be issued resulting the institutions to submit the applications without NOC.

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Since a timely action could not be taken by your office through the decision was taken to issue the NOC, it would be appropriate if you write a letter to this office endorsing issuance of NOC to all those cases who had applied in your office for the purpose of issuance of NOC upto 15.07.2015 which is the last date of submission of hard copy along with NOC in the NRC, NCTE. A comprehensive list of all such cases along with the date on which their application has been received by your office shall be furnished for consideration of the NRC. The NRC will take a view on your letter and may decide to consider such cases as one time condonation as the concept of NOC was introduced first time in the NCTE Regulations,2014 or it may take any other decision as it may deem fit.

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An early reply in the matter will help this office to follow the

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S.B. Civil Writ Petition No.2051/2016 & 15 connected petitions

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time line decided by the Hon'ble Supreme Court and NCTE Regulations, 2014.

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Thank you

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(Dr. S.K. Chauhan) Regional Director”

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11. The Director, Elementary Education is not far behind in creating confusion and a fluid situation as in terms of his order dated 18.01.2016 even while rejecting the application for grant of

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NOC filed by the petitioner -Institution, he states:-

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"य�च� सम��ध�त �	स�स�� सभ�	क� आव�दन स� तथय उतर
क�त�य अधय�पक	सध�धत ध!क�	र�ष�य पररषद जयप%र
क&	अवगत करव�	% ददय� गय�
यदद	र�ष�य	अधय�पक
ध!क� �	पररषद य�च�	स�स�� द�र� ददन��क 30.06.2015 �
क� सव�क�र	��द पसत%त करन�	आवद�न क& क- सह�धत
पद�न द�र� अन�पधत	क- ज�त� उनह/ प��ण	ह* त& धवभ�ग धनय��न%स�र पत ज�र�
करन� पर	� धवच�र दकय�	”

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12. But the fact also remains that even though time lines have

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been prescribed for filing of applications for recognition of teacher training courses under the Regulations of 2014 and NOC from the affiliating body made a pre-condition, no time lines have been notified by the affiliating body for applying for NOC's and grant / rejection thereof. This is apparently at the root of the problem.

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13. In the course of hearing of the petitions, it has been stated by the Regional Director, Dr. N.S. Chauhan who is present in Court that the affiliating authority has issued NOC to various institutions seeking recognition subsequent to the filing of the

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S.B. Civil Writ Petition No.2051/2016 & 15 connected petitions

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application with the NRC (NCTE) for recognition of different teaching courses under the regulations of 2014. It has also been submitted that the grant of recognition under the Regulations of 2014 being considered for the first time in the State of Rajasthan, Rule 5 (3) of the Regulations of 2014 has been liberally construed and application for recognition without NOC received have not been peremptorily rejected but time allowed for submission of the NOCs to facilitate consideration by NRC for grant of recognition for teacher training courses for academic year 2016-17.

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14. In my considered view, in the overall facts of the case, this petition and all connected petitions agitating a similar issue deserve to be disposed of with the following directions:

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(1) That the affiliating authority, Director, Elementary education, Rajasthan or where applicable, Director Higher Education should decide all the applications for grant NOCs for setting up teacher training institutes/new courses/ enhancement of intake in various courses (in the 12 Districts notified by the State Government revoking its Ban on grant of NOCs) filed and received before 30.06.2015 within 7 days from the date of receipt of a certified copy of this order and communicate all decisions to the Regional Directors NRC (NCTE), Jaipur as also each of the concerned applicant.

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(2) On receipt of NOC by the successful institutions, the Regional Director, NRC is directed to carry out conduct, requisite inspections and take a decision by 29.02.2016 in accordance with the Regulations of 2014

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S.B. Civil Writ Petition No.2051/2016 & 15 connected petitions

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on allowing/rejecting applications for grant of recognition for teacher training course applied for.

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(3) Result of the successful institutions be communicated to them on or before 03.03.2016 in consonance with the requirements of the regulations of 2014.

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(4) The Principal Secretaries of the Elementary Education and that of Higher Education are directed to publish/notify the calender for grant of NOC for setting up teacher training schools/colleges such that the final decision on applications therefor is taken and communicated to each applicant by 30^th April of each year.

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15. With the aforestated directions, the petition stands disposed of. So to does the stay application. A copy of this order be supplied to learned AAG, Mr. S.K. Gupta for onwards transmission to the Directors of Elementary Education and Higher Education for necessary compliance. The Regional Director, NRC (NCTE), Jaipur is also directed to ensure absolute compliance with the Regulations of 2014 while entertaining applications for grant of recognition.

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16. The direction in this petition shall apply mutatis mutandis to the other 15 connected petition. A copy of the order be placed on each file of each petition.

(Alok Sharma) J.

R. Vaishnav

"All corrections made in the judgment/order have been incorporated in the judgment/order being emailed." Ramesh Vaishnav Personal Assistant

Shri Ganpati Education v. State Elementary Educationors

Case brief

What is this about?

What did the court decide?

Shri Ganpati Education v. State Elementary Educationors

Case brief

What is this about?

What did the court decide?

What the court decided

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