University Of Rajasthan vs Rajasthan Pradesh Niji College Sangh And Ors

This appeal has been filed by University of Rajasthan, assailing the ad interim ex-parte stay order dated 15.4.2019 passed by the learned Single Judge, whereby the operation and effect of the notification dated 3.4.2019 issued by the appellantuniversity has been stayed and the appellant was directed to proceed further and forward the cases of the institutions eligible to the Coordinator, PTET for further action. Also under challenge is the subsequent order dated 27.05.2019 passed on the application filed by the appellant seeking vacation of aforesaid ad interim stay order, by which the learned Single Judge while observing that no case is made out for vacating the interim order, has directed the main case to be listed for final hearing.

Dr. Y.C. Sharma, learned counsel for the appellant has submitted that the ratio of the judgement of the Supreme Court in Chairman, Bhartia Education Society vs. State of Himachal Pradesh & Ors.-(2011) 4 SCC 527 has not been properly understood and analysed by the learned Single Judge. Reference is made to para 22 to 25 of the report. It is further submitted that the respondent-writ petitioner as per the list annexed has filed a joint writ petition on behalf of 161 B.Ed. Colleges though authorisation has been given by only 35 of them. Many of which are even not affiliated to the University of Rajasthan. The learned Single Judge could not have passed a common order for all the colleges. The university as per the mandate of Section 37 of its Statute was very much competent to issue the notification dated 3.4.2019 for carrying out inspection of all such colleges for ascertaining the infrastructure, qualification and eligibility of Teachers.

Dr. Y.C. Sharma, learned counsel cited the judgement of the Supreme Court in Medical Council of India vs. Jaipur National University Institute for Medical Sciences and Research Centre, Jaipur and Anr.-AIR 2018 SC 3114 and the division bench of this Court in University of Rajasthan, Jaipur vs. Shri Krishna Public School Shikshan Sansthan, D.B. Special Appeal (Writ) No.826/2018 dated 19.9.2018, to argue that interim order directing admission in academic course ought not to be passed.

Final relief cannot be granted at the interlocutory stage as this would tantamount to allowing the main writ petition Shri Vijay Poonia, learned counsel for the respondents has opposed the appeal and submitted that respondent-writ petitioners is a Sangh of all the private B.Ed. Colleges throughout the State of Rajasthan, therefore, the list enclosed contains 161 names, but the writ petition has been filed for benefit of only those institutions, which are affiliated with the appellant-university for last more than 3 to 5 years.

Learned counsel for the respondent has submitted that as per judgement of division bench of this Court in Smt. Jyanki Devi Teacher Training College vs. State of Rajasthan & Ors., D.B. Civil Writ Petition (CW) No.6237/2014 dated 9.9.2016, after the final consensus was arrived at between the State Government, NRCNCTE, Jaipur and University of Rajasthan, Jaipur, all the three agencies laid down a prescribed schedule/calendar, according to which the university is required to take a decision on the application for affiliation and issuance of affiliation letter latest by 10th May of each year and convey the list of affiliated colleges (with number of seats for each course) to admission agency and NRC-NCTE by 15th May each year. Learned counsel has referred to clause 13 of the said calendar to point out that the No Objection Certificate is required to be obtained from the State Government only with regard to new colleges, but the renewal for affiliation was required to be done on the basis of No Objection Certificate issued by the State Government earlier, if not withdrawn by the State Government/NCTE. In such cases, no renewal/extension of No Objection Certificate is required to be issued by the State Government. Learned counsel submitted that subsequently by order dated 10.1.2018 passed in D.B. Civil Misc. Application No.592/2017 in the case of Smt. Jyanki Devi vs. State of Rajasthan & Ors., supra, the division bench has categorically observed that the educational institutes should not be unnecessarily harassed on year to year basis for inspection and for extension of their affiliation.

Learned counsel for the respondents has referred to the judgement of the Supreme Court in Maa Vaishno Devi Mahila Mahavidhyalaya vs. State of Uttar Pradesh & Ors.-(2013) 2 SCC 617, especially para 77 ad 78 of the report wherein it has been observed that the fields which are sought to be covered under the provisions of Section 37 of the Universities Act, which is even relied by the appellant in the present case, are clearly common to the aspects which are squarely covered by the specific language under the National Council for Teacher Education Act, 1993. That being so, all State laws in regard to affiliation in so far as they are covered by the said Act must give away to the operation of the provisions of the Act. The requirements, which have been examined and the conditions which have been imposed by NCTE shall prevail and cannot be altered, re-examined or infringed under the garb of the State law. The affiliating/examining body and the State Government must abide by the proficiency and command of the NCTE's directions.

Learned counsel for the respondents has also referred to the observations made in para 22 to 24 of the judgement of the Supreme Court in Chairman, Bhartia Education Society, supra. Although learned counsel for the parties have addressed the Court on merits of the case, but we refrain from considering the other arguments in greater details, else it might prejudice the case of either party before the learned Single Judge. Having heard the learned counsel for the parties and perused the impugned order originally granting stay dated 15.4.2019 and the subsequent order dated 27.5.2019 refusing to vacate the stay with the direction to hear the main writ petition finally, we deem it appropriate to modify the impugned order in the terms that the respondent-university shall be required to consider the case of only such of the institutions, out of 161 B.Ed. Colleges appearing in the aforesaid list of colleges, already having No Objection Certificate from the State Government, which has not been cancelled, and affiliation for last more than three academic years, for the purpose of sending their case for admission of students therein to the Co-ordinator, PTET, 2019. It is further directed that admission of the students to such institutions shall be subject to final outcome of the writ petition and stipulation to this effect shall be inserted in their admission order or displayed on the notice board of the concerned institute.

The writ petition is ordered to be listed for final disposal on 22.7.2019, the date already fixed. The appeal is disposed of accordingly.