DAU BABA IT COLLEGE Vs. THE STATE OF RAJASTHAN AND ORS.
LAWS(RAJ)-2010-12-62
HIGH COURT OF RAJASTHAN
Decided on December 23,2010

Dau Baba It College Appellant
VERSUS
The State of Rajasthan and Ors. Respondents

JUDGEMENT

- (1.) IN these intra -court appeals, the question involved was for recognition for the academic sessions 2008 -09 and 2009 -10. The applications for recognition were not processed by the National Council for Teacher Education (hereinafter referred to as 'the NCTE') and the Northern Regional Committee (hereinafter referred to as 'the NRC') of NCTE. The Single Bench has dismissed the writ applications. Consequently, the Appellants are before us.
(2.) THE Petitioners came up with the case that they have submitted applications for grant of recognition of courses for the academic sessions 2008 -09 and 2009 -10 and their applications were kept pending despite the inspection deficiencies having been removed by them, whereas the applications of many other institutions were entertained and recognition was also granted. The State Government also wrote a letter on 17.11.2008 to the NCTE not to grant recognition to any institution in the State of Rajasthan for the academic session 2009 -10 considering the fact that large number of institutions in the State of Rajasthan have been recognized where the large number of students are obtaining education. Against the communication issued by the State Government, several writ petitions have been preferred, which were decided vide order dated 7.1.2009 by this Court. This Court directed the that the NCTE shall look into the matter objectively and independently and take the decision thereupon. The NCTE/NRC, thereafter, took the decision denying grant of recognition to any of the institution for B. Ed/STC/Shikshashastri courses in the State of Rajasthan for the academic session 2009 -10 and returned the applications accordingly on 27.1.2009. The Petitioners assailed the action by way of filing the writ application submitting that they have already created infrastructure by incurring huge expenditure and employed teachers in terms of norms. Action of blanket ban cannot be said to be appropriate.
(3.) IT was contended on behalf of the NCTE and the NRC that in order to achieve planned and coordinated development of teachers education system throughout the country and to achieve the objective, the NCTE Regulations were framed in the year 2002 and they have been amended thereafter. The NCTE took the decision to regulate growth of the teachers training institutions and notified on 1.10.2008 and 31.10.2008. The decision was rightly taken not to grant recognition to the institutions for the academic session 2009 -10 in the State of Rajasthan. No discrimination had been meted for the academic session 2008 -09. The institutions which had removed the deficiencies were granted recognition leaving others who failed to remove the deficiencies in time. No recognition order could be issued for academic session 2008 -09 considering the fact that the academic session 2008 -09 was at the fag end. The stand of the State Government was that input was submitted and thereafter independent decision has been taken by the NCTE in the interest of teachers education. The Single Bench has upheld the decision of the NCTE and the NRC. However, at the same time, it has been observed that the NCTE will take fresh decision for grant of recognition to the Petitioners institutions for the academic session 2010 -11, if they find that institution should be given recognition in the State of Rajasthan, then subject to fulfillment of conditions of the provision of law, Petitioners -institutions may be given priority for grant of recognition. The NCTE has not come up in appeal against the said decision rendered by the Single Bench. The appeals have been preferred at the instance of institutions. We need not go into the gamut of the facts for the academic session 2008 -09, as it stands over.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.