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Judgment
Heard counsel for the parties.
Admittedly the petitioner colleges have submitted applications along with requisite fee for grant of affiliation for the academic year 2018-19 for their
B.Ed course for which they have been recognized under Regulation 7(16) of the NCTE Regulations 2014 and also have the NOC from the State
Government for the purpose. The said applications have been pending with the University of Rajasthan even while first counseling for admission into
B.Ed. courses ends today and the second counseling is to commence from 20-7-2018.
Mr. Mahendra Shandilya, counsel for the petitioners submitted that in the event affiliation provisional or otherwise is not granted for the academic year
2018-19 as has been to similarly placed institutions, the petitioners would suffer irreparable loss of a lost academic year and financial consequences
leading a question mark over their very existence. He submitted that affiliation has been provisionally given out by the University of Rajasthan to other
similarly placed colleges, despite deficiencies in staff/ faculty but the said deficiency is arbitrarily being advanced to deny the petitioner colleges even
physical inspection for assessing the infrastructure unlike other colleges, the petitioner colleges are not being given provisional affiliation with time to
rectify the deficiencies in qualification of staff/ Principal which have been recently upgraded by an amendment of 2017 to the NCTE Regulations
2014. Mr. Mahendra Shandilya further submitted that staff selection for the petitioner colleges' B.Ed. course was made by the Committee appointed
by University of Rajasthan which included one of its nominee for the academic year 2017-18 and provisional affiliation also granted. He submitted that
in the circumstances, the petitioner colleges ought to have been given an opportunity to comply with the requirements as per NCTE Regulations 2014
as amended in 2017, as was given to various other similarly placed colleges vide orders dated 10-4-2018 and 10-5-2018, where the colleges were
given some time to supply deficiencies allowed provisional affiliation for AY 2018-19 and the names of said colleges sent to the Coordinator for
admission of students to their B.Ed. courses in 2018-19.
Mr. A.K.Sharma, learned Senior Advocate appearing with Mr. Rachit Sharma on behalf of the University of Rajasthan submitted that a first
information report No.0416/2018 dated 3-7-2018 Police Station Gandhi Nagar, Jaipur has been registered against unknown persons with regard to a
forged/ fabricated communication of 26-62017, purportedly under the hand of Registrar, University of Rajasthan Jaipur to the Coordinator, Pre
B.A.B.Ed/ B.Sc. B.Ed. & PTET 2018 Maharishi Dyanand University, Ajmer. The petitioner colleges were the intended beneficiaries of the said letter
and hence their officials suspects in the said FIR. He submitted that staff selected by the Committee appointed by the Vice Chancellor including a
nominee of the University for AY 2018-19 was not approved for reason of their ineligibility as per NCTE Regulations 2014 as amended in 2017. In
fact the petitioner colleges have not even been resultantly inspected to be considered for grant of affiliation in AY 2018-19.
Heard. Considered.
It is not in dispute that petitioner colleges have been recognized by the NCTE under the Regulations 2014 as amended in 2017 for running B.Ed.
colleges inter alia for AY 2018-19. They also have a NOC from the State Government. It is also not in dispute that NCTE Regulations 2014 were
amended in 2017 with regard to
qualification of the Principal and staff of B.Ed. colleges. It is also on record that Principal and staff of petitioner colleges were selected by a
Committee constituted by the Vice Chancellor of University of Rajsthan for the academic year 2017-18 without any demur, and provisional affiliation
granted to them for the said academic year on 11-3-2018. It is also not in dispute that various similarly placed colleges having been inspected for
affiliation for AY 2018-19 for their B.Ed. courses have been granted provisional affiliation for AY 2018-19 by the University despite deficiencies in
staff selection for reason of ineligibility flowing from NCTE Regulations 2014 amend in 2017 but with the rider to rectify the deficiencies on that count
in
the near future (orders dated 10-4-2018 and 10-5-2018 referred above). It is also an admitted fact that despite the petitioner colleges' application for
affiliation in AY 2018-19 for their B.Ed. Course, inspection of their infrastructure was never carried out while others were inspected. The issue of
FIR No.0416/2018 dated 3-7-2018 referred to above is a separate issue. The petitioner colleges are not named therein nor any of their officers. The
matter is under investigation. If any one is guilty justice will take its course against him/ them. But that cannot be a ground to treat the petitioner
colleges differently from others similarly placed.
In view of aforesaid, I am of the considered view that it would be appropriate in the interim to direct the University of Rajasthan to inspect the
premises of the petitioner colleges, seeking affiliation to the B.Ed. course 2018-19, recognized as they are for the said academic year by the NCTE
and have a Government of Rajasthan NOC. This be cone within a period of seven days from today. Deficiencies if being pointed out reasonable
opportunity be given to petitioner colleges like other to rectify them. Thereafter the case of the petitioner colleges be dealt in a non discriminatory
manner for provisional affiliation for the academic year 2018-19 as it has been done for similarly placed who have benefitted from the University's
orders dated 10-4-2018 and 10-5-2018.
List these cases on July 18, 2018.
A copy of the order be placed in each connected file.