Disposed

Vidystahli Shiksha Samiti v. Chairman Ncte and Anr.

Rajasthan HC7 Feb 2018CW/3102/2018

Case brief

AI extract

What is this about?

Petitioner sought recognition for teacher training courses. While statutory appeal was pending, HC found writ not maintainable but issued direction to appellate authority to decide appeal within 10 days due to urgency regarding the academic year deadline.

What did the court decide?

The appellate authority is directed to decide the pending appeal against rejection of recognition for D.El.Ed. & B.Ed. courses within 10 days of receipt of a certified copy of this order.

Vidystahli Shiksha Samiti Vs Chairman Ncte and Anr. — Education and Admissions | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 3102 / 2018

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Vidystahli Shiksha Samiti, Village, Village Nagla Madhopur, PO Kherili, Tehsil Khuthumar District Alwar Through Its Secretary Shri Rajesh Kumar Son of Shri Rameshwar Dayal Meena, Resident of Village Ngla Madhopur, PO Kherli, Tehsil Khuthumar, District Alwar

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----Petitioner

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Versus

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The Chairman, National Council for Teacher Education, Hans Bhawan, Wing-II, 1, Bahadur Shah Zafar Marg, New Delhi

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The Regional Director, Northern Regional Committee, National Council for Teacher Education, LIC Bhawan, Ambedkar Circle, Jaipur

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----Respondents

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For Petitioner(s) : Mr. RP Singh, Sr. Counsel with Mr. Shashi Kant Saini

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For Respondent(s) : Mr. Ashish Kumar Sharma Upadhyay

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HON'BLE MR. JUSTICE ALOK SHARMA

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Judgment

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07/02/2018

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Petitioner-Trust’s applications for grant of recognition

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for teacher training courses (D.El.Ed. & B.Ed.) have been rejected

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by the NRC, Jaipur on 5.1.2018 and 10.1.2018 respectively. The

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petitioner has a remedy of appeal under Section 18 of the NCTE

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Act, 1993 (hereafter ‘the Act of 1993’) thereagainst. Admittedly

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the said remedy has been availed by the petitioner-Trust by filing

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a statutory appeal on 3.2.2018.

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(2 of 4)

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[CW-3102/2018]

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Yet, simultaneously this petition has been laid by the

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petitioner-Trust praying for the same relief sought in the statutory appeal against the orders of rejection dated 5.1.2018 and 10.1.2018. The petitioner-Trust has however in the alternative prayed that the appellate authority be directed to dispose of its appeal expeditiously with reference to the time frame under the NCTE Regulations, 2014 whereunder recognition for commencement of a teacher training course for a given academic year is to be granted on or before 3^rd March of that year.

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Evidently in the facts recorded above, this petition is not maintainable as the issue agitated is under active consideration of the appellate authority in the petitioner-Trust’s appeal under Section 18 of the Act of 1993.

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Mr. R.P. Singh, Sr. Counsel with Mr. Shashi Kant Saini,

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however submitted that this petition was filed in the anxiety of the petitioner-Trust of having a decision on the issue of recognition for

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its D.El.Ed. & B.Ed. courses in the academic year 2018-19 on or before 3^rd March, 2018 as that is the last date upto which the recognition can be granted for Academic Year 2018-19. Mr. R.P. Singh submitted that the applications of the petitioner-trust for

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(3 of 4)

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[CW-3102/2018]

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grant of recognition for D.El.Ed. & B.Ed. courses were pending with NRC for the last over two years (filed in 2016 and the

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premises were inspected in April, 2016), yet the orders of rejection have been belatedly passed only on 5.1.2018 & 10.1.2018. Mr. R.P. Singh submitted that this delay and the possibility of the appeal itself not being decided before 3^rd March will deny to the petitioner-Trust its right to recognition despite fulfilling all requisite parameters. He submitted that in the peculiar situation, the making of NRC’s delay this petition be appropriately disposed of directing that the appellate authority to dispose of the appeal within one week such that if aggrieved the petitioner-Trust does not find itself in a cul-de-sac and can avail its constitutional right to approach this Court.

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Sadly the speed of the regulatory bodies in the field of education is quite abysmal. Consideration of application for recognition, NOCs and affiliation even within last date prescribed is not time bound. This leads to this Court being inundated by scores of petitions on regulatory issues which fundamentally are of fact and have to be addressed by the competent authority. The NRC, Jaipur should deal with all applications for grant of recognition for teacher training courses expeditiously and decision on all applications for grant of recognition be taken within a period

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(4 of 4)

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[CW-3102/2018]

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of four months from the receipt of the applications or as statutorily prescribed as it cannot be visualized that NRC a government body has lack of funds or access thereto.

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Be as it may, in the context of the facts of the case

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recorded above, it is directed that appeal filed by the petitionerTrust against the orders of rejection dated 5.1.2018 and 10.1.2018 for grant of recognition to D.El.Ed. & B.Ed. courses be decided by the appellate authority within 10 days of the receipt of a certified copy of this order in view of the urgency of the case in the context of the last date of recognition statutorily being 3^rd March, 2018 prescribed for the academic year 2017-18.

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The petition is disposed of accordingly.

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(ALOK SHARMA)J.

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Vidystahli Shiksha Samiti v. Chairman Ncte and Anr.

Case brief

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Vidystahli Shiksha Samiti v. Chairman Ncte and Anr.

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