Allowed

Global Education Institute v. State of Rajasthan

Rajasthan HC6 Jan 2022CW/307/2022

Case brief

AI extract

What is this about?

Petitioner college moved for participation in D.El. Ed counseling. Single Judge relied on the Dhapubai judgment, ordering the State to issue NOC and register the institution by 07.01.2022, allowing participation in ongoing counseling.

What did the court decide?

Petitioner to be registered and permitted to participate in ongoing counseling; State directed to issue NOC within one week.

Global Education Institute Vs State of Rajasthan — Education and Admissions | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 307/2022

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Global Education Institute, Plot No. 1065/409, Village Dedwa Khurd, N.h. 68, P.o. Jakhal, Tehsil Sanchore, District Jalore Parental Body Global Education Society, Plot No. 04, Vishnoi Dharmshala, P.w.d.road, Sanchore, Tehsil Sanchore, District Jalore Through Its Secretary Smt. Sharwan Bishnoi W/o Surender Sahu, Aged 37 Years, R/o Village Dawal, Tehsil Chitalwana, Distt. Jalore.

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----Petitioner

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Versus

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State Of Rajasthan, Through The Secretary, Elementary Education, Secretariat, Jaipur.

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The Deputy Secretary, Elementary Education, Jaipur.

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The Director, Elementary Education Rajasthan, Bikaner.

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The Coordinator, Pre-D.ei.ed. Exam And Registrar, Education Department And Examination Rajasthan, Bikaner, Education Directorate Premises, Lalgarh, Bikaner.

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----Respondents

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For Petitioner(s) : Mr. C.S. Kotwani For Respondent(s) : Mr. Pankaj Sharma, AAG

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JUSTICE DINESH MEHTA

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Order

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06/01/2022

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Mr. Pankaj Sharma, learned AAG appears on behalf of the respondents pursuant to advance copy being served upon him.

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Learned counsel for the petitioner submits that the controversy involved in the present writ petition is squarely covered by a decision dated 23.10.2021 rendered by this Court in SBCWP No.13291/2020, Dhapubai Bstc College Vs. State of Rajasthan & Ors, where this Court has held thus:-

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(2 of 3)

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[CW-307/2022]

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“12. In view of what has been noticed above and following the reasoning given in the judgment of even date in a batch of writ petitions led by S.B. Civil Writ Petition No.2359/2021 (Surender Kaur Memorial College of Higher Education Vs. State & Ors.), the present writ petitions are allowed.

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13. The respondent state/Director, Education is directed to permit the petitioners institutions to take part in the counseling to be conducted for the admission of the students in D.El. Ed. Course for academic year 2021-22 and onwards.

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14. The stay applications also stand disposed of accordingly.

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15. At this stage, Mr. Sharma, learned Additional Advocate General submitted that there are many irregularities or deficiencies in the institutions and thus some check should be allowed to be kept by the state.

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16. In the opinion of this Court, even if the state has found certain deficiencies or lack of facilities, it is required of the state government to intimate the NCTE in this regard. This Court is sure that the NCTE will take appropriate action against such institution in accordance with law. But, on the pretext of the discrepancies, the state, at its own, cannot deny the petitioners their right to carry on the courses.”

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Mr. Pankaj Sharma, learned AAG, is not in a position to dispute the aforesaid position of facts and law and upon Court’s query, he informs that the counseling shall continue till 11.01.2022.

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He, however, points out that the last date of registration was 03.01.2022, which has already passed.

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The respondent – State is directed to register petitionerinstitution on deposition of requisite fee as early as possible, preferably by 07.01.2022.

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In view of the aforesaid, the present writ petition is disposed of in terms of judgment rendered in case of Dhapubai (supra)

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(3 of 3) [CW-307/2022]

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and the competent authority of the State is directed to issue ‘NOC’

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to the petitioner, in accordance with law within one week.

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The petitioner shall thereafter be permitted to take part in the ongoing counseling. 8. It will be required of the Institution to approach the concerned authority along with a web copy of this order for getting the NOC.

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Stay application also stands disposed of accordingly.

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(DINESH MEHTA),J

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138-skm/-

Global Education Institute v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Global Education Institute v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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