ALOK SHARMA,J. - (1.) Heard Dr.Hari Singh Sihag for the petitioner-samiti and Mr.S.P. Pareek for the University of Rajasthan. None has appeared for the Northern Regional Committee of National Council for Teacher Education (NCTE) despite a copy of the petition having been served on Mr.Manish Sharma their counsel apparently for the reason that the Advocates are presently boycotting court work. In the circumstances an officer of the Northern Regional Committee ought to have appeared to assist the court but that has not been happened.
(2.) Dr.Hari Singh Sihag submitted that the petitioner-samiti has been issued Letter of Intent under Regulation 7 (13) of the National Council for Teacher Education (Recognition Norms and Procedure) Regulations, 2014 (hereinafter 'NCTE Regulations 2014') whereunder it was entitled to run four years integrated course/s of B.A. B.Ed./ B.Sc. B.Ed. to an extent of two units aggregating to 100 students at its institution. It has been submitted that in this circumstance the petitioner-samiti sought staff approval both for B.A. B.Ed. and B.Sc. B.Ed. to an extent of one unit (50 students) each.
(3.) However by the impugned order dated 28.03.2018 the Assistant Registrar, University of Rajasthan has refused to affiliate the institute of the petitioner-samiti for B.A. B.Ed. course for the Academic Year 2018-19 and after staff/faculty approval allowed affiliation only for one unit (50 students) in the B.Sc. B.Ed. course. Dr.Hari Singh Sihag submitted that the view of the University of Rajasthan is founded on the fault premise that the institute run by the petitioner-samiti has only an under-graduate course for B.Sc. and not for B.A. Dr.Hari Singh Sihag submitted that the petitionersamiti's institute is a composite institute within Clause 2(b) of the NCTE Regulations 2014 and hence competent to run both B.A. B.Ed. and B.Sc. B.Ed. four years integrated courses under the Regulations of 2014. And it is for this reason that NRC (NCTE) has in its LOI under Regulations of 2014 to the petitioner-samiti categorically allowed both B.A. B.Ed. and B.Sc. B.Ed. four year integrated course to an extent of 2 units (100 students). And thus LOI follows that the petitioner-samiti's institution can run one unit (50 students) of B.Sc. B.Ed. and one unit (50 students) of B.A. B.Ed. Dr.Hari Singh Sihag referred to the frequently asked questions (FAQs) on the NCTE's website which states that an institution which runs B.A., B.Sc., B.Com or even M.A., M.Sc., M.Com course, can be considered as a composite institution for the purpose of NCTE Regulations 2014. A print out of the FAQs stated to be from the NCTE's website has passed over in the course of the hearing of the petition. It is taken on record. Mr.Hari Singh Sihag submitted that in the circumstances the respondent University had no authority subsequent to the grant of LOI by the Northern Regional Committee for running 2 units (100 students) 4 years composite B.A. B.Ed. B.Sc. B.Ed. course to deny affiliation for the B.A. B.Ed. course to an extent of one unit (50 students) while only allowing affiliation only to one unit of B.Sc. B.Ed. course (50 students). He submitted that counselling for admission into B.A. B.Ed. B.Sc. B.Ed. courses is to commence sometime in the second week of June 2018, during the court's summer vacations, and in the event appropriate directions are not issued to the respondent-University to take steps for staff/faculty approval and affiliate the petitioner-samiti's institute for the four years integrated B.A. B.Ed. to an extent of one unit (50 students), the petitioner-samiti having set up infrastructure therefore, will be irreparably prejudiced. Dr.Hari Singh Sihag relied upon the judgment of this court in S.B.C.W.P. No.9640/2017 titled Bhartiya Adarsh Vidhya Mandir v. State (Education Department) and Others decided on 25.07.2017 in support of his submission.;