NARENDRA SINGH DHADDHA,J. - (1.) This appeal is directed against interim order dated 27.05.2019 passed by the learned Single Judge of this Court whereby the appellant-University of Rajasthan has been directed to include Respondent No. 1-writ petitioner provisionally for the purpose of empanelment for counselling for four years B.A.B.Ed./B.Sc.B.Ed. Integrated Course 2019-20. Dr. Y.C. Sharma, learned counsel for the appellantUniversity of Rajasthan, citing judgment of this Court in University of Rajasthan, Jaipur Vs. Shri Krishna Public School Shikshan Sansthan (D.B. Special Appeal Writ No. 826/2018 decided on 19.09.2018) and judgment of the Supreme Court in Medical Council of India Vs. N.C. Medical College and Hospitals and Others, AIR 2018 SC 3374, submitted that learned Single Judge ought not to have passed interim order directing the Co-ordinator PTET2019, Dungar College, Bikaner for empanelment of Respondent No. 1-writ petitioner for counselling. It is argued that Respondent No.1-Institution has been set up for the first time on the basis of letter of recognition granted by Respondent No. 3-NCTE dated 29.06.2018 (Annexure-2 of the writ petition). He in particular referred to Condition No. 6 of the letter dated 29.06.2018, subclause (i) of which states that the affiliating body/State Government shall be required to verify the authenticity of the land and building documents submitted by the institution, with the required land and built up as well as appointment of requisite teaching and non-teaching staff as per the provisions of the NCTE Regulations, 2014 (for short 'the Regulations of 2014') before grant of affiliation to the institution. Learned counsel referred to letter dated 26.09.2018 (Annexure-4 of the writ petition) sent by the Joint Director (Private Institutions), College Education, Rajasthan, Jaipur to Respondent No. 1-Institution pointing out certain deficiencies, such as, (1) documents belonging to land of Khasra No. 2146/1, 2146/4 have not been filed; (2) land conversion order with regard to land of Khasra No. 4505 and 4765/8669 for permitting use of the land for educational purposes has not been submitted; (3) land conversion order which has been submitted permits use of the land for educational purposes only for 2500 sq. metres whereas as per the NCTE Regulations, minimum required land shall be 3000 sq. metres and (4) Since the documents pertaining to land of Khasra No. 2146/1, 2146/4 have not been produced, it is not possible to ascertain from the map of the building as to on which Khasra number it is located.
(2.) Learned counsel submitted that despite NCTE having inspected the institution, the University can again inspect the same. Even otherwise, when the NCTE has itself entrusted the aforementioned task to the affiliating body or the State Government, learned Single Judge ought not to have straight away directed inclusion or the empanelment of the Respondent No. 1-Institution for the purpose of counselling. He submitted that Condition No. 6(ii) of letter of recognition dated 29.06.2018 further stipulates that the affiliating body shall ensure that the Institution is a composite institution as per definition of a "composite institution"? given in Clause 2(b) of the Regulations of 2014. If at any stage, it is found that the institution is not a composite institution, the recognition granted shall be treated as withdrawn and the sole responsibility of the same will be of the institution. Learned counsel submitted that the institution to be a composite institution should be running at least two courses simultaneously. Respondent No. 1-Institution having been established for the first time in the current academic session, is offering only one course, i.e. B.A.B.Ed./B.Sc.B.Ed. Integrated Course of the duration of four years. Therefore, it cannot be considered as composite institution.
(3.) Mr. Shantanu Sharma, learned counsel for Respondent No. 1-writ petitioner opposed the appeal and submitted that in response to letter dated 26.09.2018 of the Joint Director (Private Institutions), College Education, Rajasthan, Jaipur, Respondent No. 1-Institution sent its reply on 22.11.2018 producing original documents of land of Khasra No. 2146/1, 2146/4, land conversion order of Khasra No. 4505 and 4765/8669 and land conversion order of two parcels of land one measuring 2500 sq. metres and another measuring 5557 sq. metres as also map of the building of Khasra No. 2146/1 and 2146/4 showing its location on all four khasra numbers, even then the State Government has till date not issued NOC. Learned counsel submitted that Respondent No.1- Institution has already appointed requisite teaching and nonteaching staff as per the Regulations of 2014.;