JYANKI DEVI TEACHER TRAINING COLLEGE Vs. STATE OF RAJASTHAN; UNIVERSITY OF RAJASTHAN; CONTROLLER OF EXAMINATION, UNIVERSITY OF RAJASTHAN; NORTHERN REGIONAL COMMITTEE
LAWS(RAJ)-2016-9-59
HIGH COURT OF RAJASTHAN
Decided on September 02,2016

Jyanki Devi Teacher Training College Appellant
VERSUS
State Of Rajasthan; University Of Rajasthan; Controller Of Examination, University Of Rajasthan; Northern Regional Committee Respondents

JUDGEMENT

- (1.) The controversy in the present matter is that there was a withdrawal of recognition by the National Council for Teacher Education (NCTE) vide its order dt.05.11.2012 and there was an ongoing litigation at the instance of the Institution impleading the State of Rajasthan, NRC-NCTE and University of Rajasthan as party respondents and under interim orders of the court, 26 students were inducted by the College in the Academic Session 2013-14 in the month of March, 2014, although the Academic Session 2013-14 commenced in the month of August, 2013 and within four months of the study, despite the minimum requirement that one has to study for minimum 200 days, as per the norms laid down by the NRCNCTE, which evidently could not be possible but under the interim order of the court dt.07.07.2014, the students of the Institution of B.Ed. Course for the Academic Session 2013-14 appeared in the written examination.
(2.) In the writ petition filed at the instance of the Institution and so also by students, as they were admitted to appear in the written examination under orders of the court but their result was withheld and counsel placed reliance on the judgment of another coordinate Single Bench of this Court in Bright Future Teacher Training & Ors. Vs. State of Raj. & Ors., 2009 2 WLC(Raj) 365 to declare their result. It appears that the ld.Single Judge of this court, after taking note of the facts & proposition was not conceivable to accept the contention advanced and referred the matter to be heard by the Division Bench of this Court vide its order dt.20.04.2015. The office in compliance thereof, placed the matter before the Division Bench and when the matter was examined by us, we find that it is an on-going litigation as there is no prescribed calendar available regarding admission to B.Ed. Course either by the Government or by any other agency, which has to be followed for holding examination, declaration of result & admission to B.Ed. Course & we were of the view that it is need of the hour that a joint Committee be constituted of all the agencies to examine and after the matter being heard and taking note of the submissions made, this court vide order dt.05.02.2016 constituted a Committee of the Principal Secretary, Department of Higher Education, Regional Director of NRC-NCTE & Registrar, University of Rajasthan and requested them to deliberate and come out with a concrete proposal and prescribe a calendar which is to be followed for various activities for session of B.Ed. Programme in Rajasthan. Pursuant thereto, the Committee held its meeting and draft Schedule was placed for our perusal and that was taken note of by this court in its order dt.14.07.2016. However, in our order dt.03.08.2016, we requested the Committee to take into consideration the Schedule which has been laid down by the Apex Court in the judgment reported in (2013) 2 SCC 617 and for the ensuing academic sessions what should be the prescribed calendar which is to be followed may be placed for our perusal. We would like to record the note of our appreciation that the Committee, constituted under orders of this court, took great pains and after their detailed deliberation earlier placed before us the provisional annual calendar of activities for session of B.Ed. Programme and taking note of further proceedings, a final annual calendar of activities for session of B.Ed. Programme, after their due deliberations have been prepared and signed by all the three Officers of the respective agencies i.e. Additional Chief Secretary, High Education, Government of Rajasthan, Regional Director, NRCNCTE, Jaipur and Registrar, University of Rajasthan, Jaipur and we can further take note of the fact that a calendar has been jointly suggested by the respective agencies to be in conformity with the calendar proposed by the Apex Court in the judgment referred to supra, copy of which has been placed on record for perusal, duly signed by all the three respective agencies.
(3.) After the final consensus being arrived at between the State Government, NRC-NCTE, Jaipur & University of Rajasthan, Jaipur, all the three agencies being involved in examining the applications for ensuing academic session of B.Ed. Programme & we consider it appropriate to refer the schedule/calendar of activities for session of B.Ed. Programme, which has been recommended by the Committee, constituted under orders of this court, which read ad infra:- JUDGEMENT_59_LAWS(RAJ)9_2016.html Along with annual calendar of activities for session of B.Ed. Programme, placed for our perusal, teaching days in Academic Session 2016-17 has been enclosed as Annexure-1 and it would be appropriate to quote the Teaching days in Academic Session 2016- 17, which reads ad infra:- JUDGEMENT_59_LAWS(RAJ)9_2016(6).html (Bold letters: Holidays other than Sunday tentative assigned for year 2017. In next session approximately same no. of days will be available);


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