ALOK SHARMA , J. - (1.) This case is reflective of confusion which prevails in the field of education in the State of Rajasthan which is one of the major causes for unnecessary litigation crowding the dockets of this Court. The petitioner-Sansthan is running multiple teacher training courses through its colleges in the name of Mahala Teacher Training Institute Khatu Shyam Ji Sikar (hereinafter the 'college'). It sought recognition from the NRC/NCTE under the NCTE Regulations of 2014 for the college's B.Ed.-M.Ed. three year integrated course. As required under Regulations 5(3) of the Regulations of 2014, the petitioner-Sansthan sought NOC from the affiliating University in the instant case the Pandit Deendayal Upadhyaya Shekhawati University (hereinafter 'the University') as it fell within the University's territorial jurisdiction. A provisional NOC came to be issued to the petitioner-Sansthan for its college on or about 27.05.2016 for commencing three year integrate B.Ed.-M.Ed. course. Based on the aforesaid NOC, the petitioner-Sansthan submitted a duly completed application form to the NRC/NCTE for grant of recognition to the course in issue for its college. The recognition came to be granted by 02.05.2017. Following the recognition by NCTE under Regulation 7(16) of the NCTE Regulations 2014 the petitioner-Sansthan as the necessary next step sought affiliation from the University which had already issued it a provisional NOC reflecting its obligation to affiliate the concerned college except for its inability to provide requisite infrastructure in terms of building and faculty of the three year B.Ed.-M.Ed. Course. The application for affiliation was however rejected not so much on merits, but for the odd reason of the University not being authorized under its statutes to run a three year integrated B.Ed.-M.Ed. Course and in fact resultantly not even having ready syllabus therefor. This brings the petitioner to this court--where else he can go? Mr. Vijay Poonia appearing for the petitioner-Sansthan submitted that in terms of frequently asked questions (FAQ) with regard to NOCs from affiliating bodies by expectant institutions seeking grant of recognition for teacher training courses, the National Council for Teachers Education has issued instructions that NOC by the affiliating University or any other affiliating body be given to applicants within their territorial jurisdiction on the understanding that the University issuing NOC will be responsible for conducting the examination of the students. From this it follows that the University issuing the NOC to an expectant college seeking to commence a teacher training course and applying for recognition of the course to NCTE effectively undertakes to affiliate the college in the event of it being granted recognition by NCTE-- no doubt subject to the institutes being compliant on all prescribed parameter of physical infrastructture and faculty. Mr. Vijay Poonia submitted that in view of the aforesaid instructions in the FAQ relating to the grant of NOC, if at all the University did not have authorization under its statute or a ready syllabus for the three year B.Ed.-M.Ed. integrated course, it had no business to issue the NOC, even provisionally to the petitioner-sansthan to prod it into seeking recognition of its three year B.Ed.-M.Ed. course from NCTE. Counsel submitted that the provisional NOC having been issued by the University the petitioner-Sansthan pursued its application for grant of recognition with regard to the aforesaid course with the NCTE. And in the process it also readied the requisite infrastructure for the commencement of the said three year B.Ed.-M.Ed. course at substantial cost. Counsel submitted that in the facts of the case the NCTE having recognized the petitioner-Sansthan's three year B.Ed.-M.Ed. course on 02.05.2017, the University be directed to grant affiliation to the Mahala Teacher Training Institute Khatu Shyam Ji Sikar for the aforesaid three year integrated B.Ed.-M.Ed.
(2.) course for the academic session 2017-18. For this purpose the University also be directed to make requisite amendment in the statute and finalize the curriculum/syllabus for the said course. Mr. Vijay Poonia has drawn the attention of the Court to Section 14(6) of the National Council for Teacher Education Act, 1993 which provides that the examining body shall on receipt of order of recognition for a teacher training institute by a college grant affiliation to such a college for the course in issue. Mr. Kanishka Gupta appearing for the University submitted that vide the impugned order dated 29.05.2017 the petitioner- Sansthan has been informed that due to non-compliance by the University with the legal requirements, it was not possible to grant affiliation for the three year integrated B.Ed.-M.Ed. Course. Counsel submitted that the provisional NOC dated 27.05.2016 was indeed issued but mistakenly. Mr. Kanishka Gupta submitted that discussions with the University of Rajasthan on the issue of commencement of three year integrated B.Ed.-M.Ed. Course disclosed that for inclusion of the three year integrated B.Ed.- M.Ed. course in the statute, requisite amendments were required. The said amendments are still underway and until they are made, the University cannot in law grant affiliation for a three year B.Ed.- M.Ed. course, aside of the fact that no approved curriculum syllabus therefore obtains with the University. He submitted that the mistake in the grant of provisional NOC to the petitioner- Sansthan was noticed and legal action to fix responsibility therefor initiated. A committee headed by former Mr. Justice Pana Chand Jain with Dr.D.S. Thalore, Principal of the Government Law College, Sikar as member was constituted. The Committee has submitted a report on 03.07.2017 and concluded that no officer or authority of the University could be held responsible. Mr. Kanisha Gupta further stated that the committee has however advised the University to refund the affiliation fee and all other amounts paid to the University by the petitioner-Sansthan alongwith interest @ 12% per annum. This refund is in process, counsel submitted. Heard. Considered.
(3.) The facts that obtains is that the University statutes do not authorise it commencing a three year integrated B.Ed.-M.Ed. Course and the University has not even finalized the requisite syllabus for the said course. A direction for affiliation of the petitioner-Sansthan for the aforesaid course obviously cannot be issued therefore. But the issue which remains is with regard to the liability of the University for gross negligence leading to serious losses suffered by the petitioner. That however is a matter of a suit for damages in tort and it not for this Court to indulge in the exercise of ascertaining damages in its equitable extraordinary jurisdiction under Article 226 of the Constitution of India. The petitioner- sansthan shall be free to lay a suit for damages against the University. Be as it may, the petitioner-Sansthan is entitled to a direction that it be refunded all monies deposited by it towards affiliation fee or otherwise with the University alongwith the interest at the rate of 12% per annum from date of deposit to the date of payment. This direction has been issued in view of the reply to the petition, where it has been so stated by the University. It is so directed that amounts as mentioned above be refunded within two weeks of receipt of a certified copy of this order.;