RAKESH KUMAR JAIN, J. - (1.) A public notice dated 26.11.2012 was issued by the National Council for Teacher Education (hereinafter referred to as the "NCTE"), inviting applications for recognition of Teacher Education Courses for the academic session 2013 -14 in accordance with the National Council for Teacher Education (Recognition Norms and Procedure) Regulations, 2009 (hereinafter referred to as the "Regulations, 2009") except for the States mentioned therein, making it clear that the restriction would not apply to the Minority Educational Institutions established under Article 30 of the Constitution of India. The petitioner applied to the NCTE for grant of recognition for starting D.El.Ed. course. The NCTE wrote a letter dated 16.08.2013 to the State of Haryana asking them to furnish their recommendations/comments regarding application submitted by the petitioner. The State of Haryana did not take any objection rather, vide its letter dated 07.10.2013, issued by the Director General, Elementary Education, Haryana, Panchkula, the petitioner was declared as Jain Minority Institution and permitted to admit 50 students from Jain minority community for the D.Ed. Course from the academic session 2014 -2016 at their own level provided that they get the permission from NCTE, Jaipur for grant of recognition for starting D.Ed. Course. The NCTE, after having been satisfied that the petitioner -institute fulfills all the conditions prescribed by it, granted recognition vide its letter dated 03.03.2015 for the annual intake of 50 students. However, it was inadvertently mentioned as "(1 units) (add. Intake)". The petitioner accordingly informed the Director, Elementary Education, Haryana, Panchkula, about the recognition which was followed by letters dated 12.05.2015 and 14.05.2015. Thereafter, respondent No.3 wrote a letter to the Director, Secondary Education, Haryana, for providing guidelines as to whether the petitioner -institution is to be permitted for admission during the current session 2015 -2016 or not. Since the case of the petitioner was not taken to its logical end, the petitioner filed CWP No.18819 of 2015, which was disposed of on 08.09.2015, with a direction to respondent No.2 therein, to decide the issue regarding affiliation and permission to admit the students. The petitioner completed the counselling process and submitted the list of 50 students vide its letter dated 06.10.2015. The petitioner was informed by respondent No.3 that it has no record of any permission having been granted to the petitioner to admit 50 students during the current academic session 2015 -2016. In this regard, the petitioner filed the reply and informed respondent No.3 that the permission was already granted vide letter dated 07.10.2013, subject to the grant of recognition by the NCTE, which was granted to the petitioner on 03.03.2015. The petitioner also approached the Haryana Board of School Education, Bhiwani for depositing the examination fee of the 50 students but the Board refused to open the examination panel permitting the petitioner to deposit the examination fee on the ground that necessary direction has not been issued by respondent No.3 and on 21.10.2015, the petitioner was informed by respondent No.3 that since it does not have the permission from the State to admit 50 students for the academic session 2015 -16, therefore, the petitioner has no right to admit any student.
(2.) Aggrieved against that decision, the petitioner filed this petition in which at the time of notice of motion, the petitioner was permitted to submit the examination fee of 50 students and the said students were allowed to sit in the examination but the interim order was made purely provisional subject to final decision of the writ petition.
(3.) Counsel for the petitioner has submitted that the petitioner has been declared a minority institution vide letter dated 07.10.2013 and was permitted to admit 50 students from the Jain minority community for the D.Ed. course for academic session 2014 -2016 at their own level provided that they get the permission from the NCTE for grant of recognition. The said recognition was given by the NCTE on 03.03.2015 and hence, the ban imposed by the respondent -State does not apply to the case of the petitioner. In support of his submission, he has relied upon a Division Bench judgment of the Bombay High Court in the case of Gyanodaya Shikshan Pracharak Samiti's Gyanodaya B.Ed. College vs. State of Maharashtra and others, 2009(0) BCI 519, a decision of the Delhi High Court in the case of Modern College of Education vs. National Council for Teacher Education and others, W.P.(C) 8870/2015 decided on 20.10.2015 and an order passed by this Court in the case of Hakeem Harbans Singh New Era College of Education vs. State of Haryana and others, CWP No.12478 of 2015, decided on 03.08.2015.;