SHRI MEHARISHI DADHICH SANSKRIT TEACHER TRAINING COLLEGE, KESHAVPURA, KOTA Vs. STATE OF RAJASTHAN THROUGH PRINCIPAL SECRETARY HIGHER EDUCATION

JUDGEMENT

(1.) This petition has been filed challenging the order dated 2-6- 2016 issued by the Commissioner, College Education, Government of Rajasthan (hereinafter 'the Government') and seeking a direction to the Government to issue a no objection certificate (NOC) to the petitioner college for running the M.Ed. (Siksha Acharya) course for the academic session 2017-18.

(2.) The relevant facts of the case, briefly stated are that the Shri Meharishi Dadhich Siksha Samiti (hereinafter 'the Samiti') running the Shri Meharishi Dadhich Sanskrit Teacher Training College, Keshavpura, Kota (hereinafter 'the College') moved an online application to the Regional Director, North Regional Committee, National Council for Teacher Education (hereinafter 'the Council') within the notified last date of 30-6-2015 along with the requisite fee for the petitioner College's recognition for a M.Ed. Course (Siksha Acharya) in the academic session 2016-17. The petitioner college was also issued a conditional no objection certificate (NOC) from the Jagadguru Ramanandacharya Rajasthan Sanskrit University (hereinafter 'the University') vide letter dated 9-2-2016 stating that following the Council's recognition in the event of a NOC from the State Government it would grant affiliation, no doubt on its requirements being complied with. Pursuant to the application for recognition being complete with the University's NOC, the Council inspected the college of the petitioner Samiti under Section 14/15 of the NCTE Act, 1993 (hereinafter 'the Act of 1993) and NCTE Regulations, 2014 (hereinafter 'the Regulations of 2014'). Thereafter the Council vide letter dated 1-3-2016 sought the comments of the Principal Secretary, Higher Education Government of Rajasthan in respect of the application for recognition of the M.Ed. Course (Siksha Acharya). No adverse comment was received. The council then in its 252nd meeting held between 19-4-2016 and 2-5-2016 considered the case of the petitioner college for recognition of its M.Ed. Course (Siksha Acharya) for the academic session 2016-17 and issued a letter of intent (LOI) under regulation 7(13) with an intake capacity of 50 students, subject to certain compliances. Recognition under Regulation 7(16) of the Regulations of 2014 followed on 2-5-2016.

(3.) The petitioner Society then made a representation/ application to the Principal Secretary, Higher Education, Government of Rajasthan, Director, Higher Education and to the Vice-Chancellor of the Sanskrit University for issuing of NOC and grant of affiliation. The Commissioner, College Education Government of Rajasthan however refused vide the impugned order dated 2-6-2016 to issue the requisite NOC to the petitioner college for its M.Ed. Course academic session 2016-17. Hence this petition.