Disposed

Astha College of Education v. State of Rajasthan

Rajasthan HC8 Apr 2021CW/2223/2021

Case brief

AI extract

What is this about?

Court followed the Coordinate Bench's judgment in Murli Singh Yadav. Directed educational institutions to make fresh staff approval applications for seat increase. State must pass speaking orders within 30 days for NCTE consideration.

What did the court decide?

Directed petitioners to make fresh staff approval applications. State to pass speaking orders within 30 days for NCTE consideration.

Astha College of Education Vs State of Rajasthan — Education and Admissions | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 4063/2021

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Srn School Of Education, Kanwat, Neemkathana, Sikar Through Its Vice President Manoj Kataria Son Of Damodar Lal, Age 42 Years, Resident Of Plot Number 9, Near Mother Grace School, Dadu Marg, Tonk Phatak Jaipur.

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----Petitioner

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Versus

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State Of Rajasthan, Through Principal Secretary To Government, School Education Department , Secretariat, Jaipur.

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Director, Directorate Of Elementary Education, Bikaner.

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National Council For Teacher Education, G-7, Sector-10, Dwarka, Landmark - Near Metro Station, New Delhi, Through Its Member Secretary.

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Western Region Committee Of The National Council For Teacher Education, G-7, Sector-10, Dwarka, Landmark - Near Metro Station, New Delhi,through Its Regional Director.

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----Respondents

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Connected With

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S.B. Civil Writ Petition No. 2223/2021

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Astha College Of Education, Kanwarpura, Kotputli, Jaipur Through Its Secretary Mehar Singh Yadav Son Of Bhagwan Sahay Yadav, Age 46 Years, Resident Of Kanwarpura, Kotputli, Jaipur.

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----Petitioner

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Versus

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State Of Rajasthan, Through Principal Secretary To Government, School Education Department, Secretariat, Jaipur.

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Director, Directorate Of Elementary Education, Bikaner.

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National Council For Teacher Education, G-7, Sector-10, Dwarka, Landmark - Near Metro Station, New Delhi, Through Its Member Secretary.

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Western Region Committee Of The National Council For Teacher Education, G-7, Sector-10, Dwarka, Landmark -

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(2 of 5)

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[CW-4063/2021]

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Near Metro Station, New Delhi,through Its Regional Director.

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----Respondents

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S.B. Civil Writ Petition No. 2226/2021

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K.b.s. Stc College, Sewar, Bharatpur, Through Its Chairperson Bhim Singh S/o Padam Singh, Age 62 Years , Resident Of House Number- 1, Jagdamba Colony, Opposite Rajul Augusta, Neel Padam Sarovar Marg, Vaishali Nagar, Jaipur(Raj.).

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----Petitioner

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Versus

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State Of Rajasthan, Through Principal Secretary To Government, School Education Department, Secretariat, Jaipur.

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Director, Directorate Of Elementary Education, Bikaner.

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National Council For Teacher Education, G-7, Sector-10, Dwarka, Landmark - Near Metro Station, New Delhi, Through Its Member Secretary.

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Western Region Committee Of The National Council For Teacher Education, G-7, Sector-10, Dwarka, Landmark - Near Metro Station, New Delhi,through Its Regional Director.

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----Respondents

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S.B. Civil Writ Petition No. 2230/2021

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Shri Dwarika Prasad Girls Stc College, Sarsena, Wair, Bharatpur, Through Its Secretary Santosh Kumar Son Of Shri Dwarika Prasad, Aged About 37 Years, Resident Of Village And Post Hantra, Tehsil Nadbai, District Bharatpur(Raj.).

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----Petitioner

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Versus

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State Of Rajasthan, Through Principal Secretary To Government, School Education Department, Secretariat, Jaipur.

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Director, Directorate Of Elementary Education, Bikaner. 3. National Council For Teacher Education, G-7, Sector-10, Dwarka, Landmark - Near Metro Station, New Delhi, Through Its Member Secretary.

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Western Region Committee Of The National Council For Teacher Education, G-7, Sector-10, Dwarka, Landmark -

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(3 of 5)

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[CW-4063/2021]

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Near Metro Station, New Delhi,through Its Regional Director.

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----Respondents

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S.B. Civil Writ Petition No. 2231/2021

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Choudhary Teacher Training College, Sangteda, Kotputli, Jaipur Rajasthan, Through Its Secretary Santosh Wife Of Shri Satveer Singh, Aged About 35 Years, Resident Of Sangteda, Kotputli, District Jaipur(Raj.).

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----Petitioner

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Versus

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State Of Rajasthan, Through Principal Secretary To Government, School Education Department , Secretariat, Jaipur.

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Director, Directorate Of Elementary Education, Bikaner.

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National Council For Teacher Education, G-7, Sector-10, Dwarka, Landmark - Near Metro Station, New Delhi, Through Its Member Secretary.

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Western Region Committee Of The National Council For Teacher Education, G-7, Sector-10, Dwarka, Landmark - Near Metro Station, New Delhi,through Its Regional Director.

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----Respondents

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For Petitioner(s) : Mr. Vijay Poonia For Respondent(s) : Mr. C.L. Saini, AAG Ms. Shweta Pareek

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HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

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Order

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08/04/2021

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Learned Additional Advocate General, Mr. C.L. Saini, who was supplied the copy of the order passed by the Coordinate Bench, wants further time.

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(4 of 5)

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[CW-4063/2021]

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This Court finds that the order dated 17.03.2021 has been passed by the Coordinate Bench after recording the statement of the AAG.

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Learned Additional Advocate General, Mr. C.L. Saini at Jaipur cannot take a different stand which has already been recorded by the AAG of Jodhpur.

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Learned counsel for the petitioner has passed over a copy of the judgment passed by the Principal Seat, Jodhpur in SBCWP No.2676/2021 : Murli Singh Yadav versus State of Rajasthan & Anr. and connected writ petitions decided on 17.03.2021 wherein the Court found that the controversy as raised in the present petitions has been adjudicated upon and following order has been passed as under:-

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“In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.

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Learned counsel for the petitioners submits that the petitioners, who are the Educational Institutes, fulfilling all mandatory conditions of the Act of 1993 and Rules of 1997. He further submits that the petitioners were eligible for grant of recognition to increase the seats in Diploma in Elementary Education (D.El.Ed.) preferred online applications before the NCTE. He also submits that the NCTE issued Letter of Intent as per Clause 7 sub-clause 13 of the National Council for Teacher Education Regulations, 2014, which is Annexure 3 dated 22.01.2021. He further submits that the petitioners were however, did not give the staff approval in pursuance of Letter of Intent.

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Upon being asked, learned AAG submits that there is no policy or no conscious decision by the State, in which, staff approval has been denied and moreover, in

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(5 of 5)

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[CW-4063/2021]

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reply, the State is not in a position to justify the nonconsideration of the petitioners by any reason.

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Learned counsel for NCTE assures this Court that once the regulations are fulfilled, appropriate consideration for grant of permission shall be made.

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In light of such limited submission made by the parties and in light of the inability of the State to provide with any reason for not giving the staff approval, the present petitions are disposed of with the direction to the petitioners to make fresh application sseeking staff approval. Such applications shall be considered by the State and the State shall be required to pass a speaking order within a period of 30 days from today strictly in accordance with law. After such orders are passed, appropriate consideration shall be made by the NCTE for granting the approval to the respondents if so required. Stay applications as well as all pending applications also stand disposed of accordingly.”

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Learned counsel also prays for a similar order in the present petitions and limits his submissions only to the aforesaid extent.

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In view thereof, the approval of staff cannot be denied without there being any subsequent reason. I am inclined to follow the judgment passed by the Coordinate Bench as above and direct that the order as quoted above shall be mutatis mutandis apply to the present petitions. The period as laid down in the aforesaid order shall apply to the present cases from today.

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(SANJEEV PRAKASH SHARMA),J

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SAURABH YADAV /670/117-121

Astha College of Education v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Astha College of Education v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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