- (1.) The present writ petition has been filed under Article 226 of the Constitution of India by Varsha Teachers Training College, Mandrela Road, Jhunjhunu praying that the Coordinator, Pre Teacher Education Test-2014 (PTET-2014), Jai Narain Vyas University, Jodhpur, respondent NO.3, be directed to release and pay the fees taken by him from the students for taking admission in the petitioner college for B.Ed. Session 2014-15. It is pleaded in the writ petition that the petitioner institution obtained no objection certificate to commence B.Ed. course from the Government of Rajasthan. After having obtained no objection certificate, petitioner college was recognized by the National Council for Teacher Education (NCTE) and once State Government had granted no objection certificate and recognition was given by the NCTE, petitioner institution was affiliated with the University of Rajasthan. It is averred in the writ petition that for granting no objection certificate by the respondent State, recognition by the NCTE and affiliation by the University, all the three bodies conducted a rigorous inspection and found that the petitioner college complied with all the necessary requirements and regulations and is capable of imparting education to the students for B.Ed. course. The petitioner college was allotted 100 seats and qua them in a counseling held under the aegis of respondent No.3 Coordinator, PTET-2014, 100 students were admitted to the petitioner college. The students so admitted were directed to deposit the requisite fees through demand draft in favour of respondent No.3, Coordinator, PTET-2014. Grievance made by the petitioner college in this case is that the Coordinator, PTET-2014 having received fee on behalf of petitioner college has not remitted the same and the petitioner college has been put to financial hardship due to arbitrary despotic attitude of respondent No.3. Coordinator of PTET-2014, respondent No.3, has filed reply. In the reply respondent No.3 has taken a stand that it is simply an agency to convene entrance examination and complete the admission process successfully under the directions of the State Government. He received a complaint from one Hari Ram and had sent the same to the State Government and he has been directed by the government not to release the fees to the petitioner college without prior permission of the State Government.
(2.) State of Rajastan through Education Secretary being respondent No.1 has also filed reply. In the reply it is stated that coordinating agency for admission to B.Ed. course through PTET in Session 2014-15 was Jai Narain Vyas University, Jodhpur and as per the procedure laid down by the State of Rajasthan, the students participating in the counseling and willing to pursue B.Ed. course deposit the entire fee initially with the Coordinator, PTET-2014, Jai Narain Vyas University, Jodhpur. Fees was to be refunded to the concerned institution in three installments as per the following norms:- "i. First installment 50% after 40 days of completion of counseling. ii. Second installment 25% after 3 months of paying installment. iii. Third installment 25% at the end of session."
(3.) It is stated that the State Government had issued certain guidelines for conducting PTET examination to the Coordinator, PTET-2014, Jai Narain Vyas University, Jodhpur. As per Clause-G(6), it was decided that if a complaint is received from the students or from the parents of the students, then fee shall be refunded after taking approval of the State Government. It is further submitted by the State Government that one Hari Ram and Manesh Kumar made a complaint that the petitioner college is not having its own building and in the building only three rooms have been constructed which are insufficient for imparting education and there were only 2-3 teachers enrolled by the college and thus, college is financially exploiting the students and illegally demanding the fee for practical marks.;