Disposed

Vivekanand Vidya Ashram Teacher Training School v. State of Rajasthan

Rajasthan HC17 Mar 2021CW/885/2021

Case brief

AI extract

What is this about?

The High Court disposed of connection writ petitions challenging the denial of staff approval for recognizing educational institutions to increase D.El.Ed. seats, directing petitioners to seek fresh applications for staff approval.

What did the court decide?

Petitioner educational institutions directed to make fresh applications for staff approval; State required to consider and pass speaking order within 30 days.

Vivekanand Vidya Ashram Teacher Training School… — Education and Admissions | Rajasthan HC (2021)

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(1 of 4)

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[CW-2676/2021]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 2676/2021

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Murli Singh Yadav Memorial Prashikshan Sansthan, Udairamsar, Bikaner Running By Society Of Murli Singh Yadav Memorial Prashikshan Sansthan, Udairamsar, Bikaner (Raj.) Through Its Secretary, Shri Kuldeep Yadav S/o Manmohan Singh Yadav, Aged 43 Years, R/o Karni Coach, Udairamsar, District Bikaner (Raj.)

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----Petitioner

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Versus

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State Of Rajasthan, Through Director, Elementary Education, Education Directorate, Bikaner.

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The Western Regional Committee, National Council For Teachers Education, Through Its Under Secretary, Plot No. G-7, Sector - 10, Near National Highway Authority, Dwarka, New Delhi.

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----Respondents

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Connected With

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S.B. Civil Writ Petition No. 885/2021

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Vivekanand Vidya Ashram Teacher Training School, Katar Chhoti, Tehsil Bidasar, Churu (Raj.) Running By Society Of Vivekanand Vidya Ashram Sanstha, Katar Chhoti, Tehsil Bidasar, Churu (Raj.) Through The Secretary Ram Chandra Legha S/o Laxmanram, Aged About 45 Years, Resident Of Katar Chhoti, Tehsil Bidasar, Churu (Raj.).

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----Petitioner

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Versus

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State Of Rajasthan, Through The Director, Elementary Education, Education Directorate, Bikaner.

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The Western Regional Committee, National Council For Teachers Education, Through Its Under Secretary, Plot No.g-7, Sector-10, Near National Highway Authority, Dwarka, New Delhi.

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----Respondents

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S.B. Civil Writ Petition No. 2435/2021

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Saraswati Shikshak Prashikshan Mahavidyalaya, Sardar Shahar, Churu Running By Society Of Saraswati Vidyalaya Shikshan Sansthan, Sardar Shahar, Churu (Raj.) Through Its Secretary, Shri Om Prakash Saini S/o Shri Gyani Ram Saini, Aged About 55

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(2 of 4)

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[CW-2676/2021]

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Years, Resident Of Ward No. 17, Behind Police Station, Sardar Shahar, Churu (Raj.).

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----Petitioner

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Versus

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State Of Rajasthan, Through Director, Elementary Education, Education Directorate, Bikaner.

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The Western Regional Committee, National Council For Teachers Education Through Its Under Secretary, Plot No. G-7, Sector 10, Near National Highway Authority, Dwarka, New Delhi.

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----Respondents

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S.B. Civil Writ Petition No. 2453/2021

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Balaji Bstc College, Hanumangarh Junction, By Society Of Baby Happy Modern Shiksha Samiti, Hanumangarh Junction (Raj.) Through Its Secretary, Shri Ashish Vijay S/o Shri Bhagwan Das Gupta, Aged 35 Years, Resident Of Ward No. 12, Hanumangarh Junction (Raj.).

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----Petitioner

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Versus

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State Of Rajasthan, Through The Director, Elementary Education, Education Directorate, Bikaner.

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The Western Regional Committee, National Under Secretary, Plot No. G-7, Sector 10, Near National Highway Authority, Dwarka, New Delhi.

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----Respondents

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S.B. Civil Writ Petition No. 2455/2021

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Swami Dayanand Shikshan Avum Vikas Sansthan, Plot No. 101/40 Rawla Road, Village Khajuwala, District Bikaner, Through Its Secretary Shri Dalip Kumar S/o Shri Bhoop Ram, Aged About 45 Years, Resident Of Village Khajuwala, Tehsil Khajuwala, District Bikaner.

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----Petitioner

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Versus

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State Of Rajasthan, Through Director, Elementary Education, Education Directorate, Bikaner.

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The Western Regional Committee, National Council For Teachers Education Through Its Under Secretary, Plot No. G-7, Sector 10, Near National Highway Authority, Dwarka,

(3 of 4)

[CW-2676/2021]

New Delhi.

----Respondents

S.B. Civil Writ Petition No. 3269/2021

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Shri Hari Shikshak Prashikshan School, Sardar Sahar, District Churu (Raj.) Running By Society Of Shri Hari Shikshak Prashikshan Sansthan, Sardar Sahar, District Churu (Raj.) Through Its Secretary, Shri Pawan Kumar Sharma S/o Shri Mangi Lal Sharma, Aged About 42 Years, R/o Ward No. 23, Near Kisan Hostel, Sardar Sahar, District Churu (Raj.)

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----Petitioner

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Versus

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State Of Rajasthan, Through Director, Elementary Education, Education Directorate, Bikaner.

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The Western Regional Committee, National Council For Teachers Education, Through Its Under Secretary, Plot No. G-7, Sector 10, Near National Highway Authority, Dwarka, New Delhi.

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----Respondents

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For Petitioner(s) : Mr. C.S. Kotwani For Respondent(s) : Mr. Manish Vyas, AAG Mr. Vivek Shrimali

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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17/03/2021

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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

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(4 of 4)

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[CW-2676/2021]

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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 reply, the State is not in a position to justify the non-consideration 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 applications seeking 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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(DR. PUSHPENDRA SINGH BHATI),J.

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159–160 & 162-165- Zeeshan

Vivekanand Vidya Ashram Teacher Training School v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Vivekanand Vidya Ashram Teacher Training School v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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