Gurmeet Singh Sandhawalia, J. - (1.) The present judgment shall dispose of two writ petitions i.e. CWP Nos. 14684 and 19993 of 2015. Facts, being common, are being taken from CWP No. 14684 of 2015, D.S. Jain Memorial Educational Trust v/s. Maharishi Dayanand University, Rohtak and others.
(2.) The prayer in the present writ petition by the petitioner -Trust is for grant of affiliation on account of the recognition order dated 03.03.2015 (Annexure P -8) granted by National Council for Teachers Education (in short 'NCTE') i.e. respondent No. 4 to the institute namely Teer Thankar KRD College for running a Bachelor of Education Course with intake of 100 students for the academic session 2015 -16. The denial is on account of the ban imposed on the opening of the new B.Ed. Colleges under the self financed basis by the State of Haryana which order is not as such under challenge by filing a writ of certiorari.
(3.) The pleaded case of the petitioner is that vide public notice dated 26.11.2012 (Annexure P -1), Northern Regional Committee -respondent No. 4 invited applications for recognition of teacher education courses for the year 2013 -14 in accordance with the National Council for Teacher Education (Recognition Norms and Procedure) Regulations, 2009 (hereinafter referred to as "2009 Regulations'). The State of Haryana had not sent any negative recommendation and even otherwise, the restrictions were not applicable to minority educational institutions established under Article 30 of the Constitution of India. A similar notice dated 27.02.2015 (Annexure P -2) for the academic session 2016 -17 was also published. However, it provided that the course of Diploma of Elementary Education was in the negative list and the respondent No. 4 and the State was not to accept the applications for recognition of the said programme. The petitioner -Trust was a minority educational institution as per the certificate issued by the National Commission for Minority Educational Institutions (Annexure P -3) covered under Article 30(1) of the Constitution of India and, therefore, the restriction also did not apply to it. The application for the B.Ed. course was processed vide letter dated 13.08.2013 (Annexure P -4) and comments were invited from the State of Haryana. The State of Haryana, vide letter dated 14.03.2014 (Annexure R -4/13) submitted its objection that no recognition can be given to even minority institutions for starting the Diploma of Elementary Education and B.Ed. Course. Accordingly, a show cause notice dated 01.01.2015 (Annexure P -5) was issued to the petitioner bringing to its notice that the State had objected to the grant of recognition to the said institution. The said show cause notice was replied on 09.01.2015 taking up various pleas. It has been pleaded that the State of Haryana itself issued a corrigendum on 12.02.2015 (Annexure P -7) that the restriction contained in the letter dated 14.03.2014 should be read as having been imposed on Diploma of Elementary Education Courses and not B.Ed. Courses. Keeping in view the objections raised, respondent No. 4 issued the recognition order dated 03.03.2015 giving recognition for conducting the Teacher Education Course with annual intake of 100 students for the academic session 2015 -16 subject to the fulfillment of the National Council for Teacher Education (Recognition Norms and Procedure) Regulations, 2014 (hereinafter referred to as "2014 Regulations'). Accordingly, the petitioner -college applied to the respondent -university for grant of affiliation for starting the B.Ed. Course. The inspection was done on the application by the Dean of the University on 10.05.2015 and as per the report (Annexure P -9), certain deficiencies were pointed out which were brought to the notice of the petitioner -college vide letter dated 29.05.2015 (Annexure P -10). The same were removed by the petitioner -college and reply was submitted on 15.06.2015 (Annexure P -11). Before the formal order of affiliation could be granted, the State of Haryana, vide letter dated 05.06.2015 (Annexure P -17), wrote to respondent No. 4 that the ban imposed on the opening of new B.Ed. Colleges under self financed basis would continue during the session 2015 -16 as well. In view of the said letter, the process of issuing of the formal affiliation was stopped. Clarification was also sought from the State Government as to whether affiliation could be granted to the petitioner -college vide letter dated 01.07.2015 (Annexure P -13). Resultantly, the present writ petition was filed that the classes were to start on 20.08.2015 and the cut off for the last admission was 07.10.2015 and financial loss would occur to the petitioner -trust.;