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Rajasthan High Court · body

2019 DIGILAW 2683 (RAJ)

Sunrose Teacher Training College v. National Council for Teacher Education

2019-10-15

DINESH MEHTA

body2019
JUDGMENT : Dinesh Mehta, J. 1. Mr. G.S. Chouhan appearing for Mr. M.S. Tomar, learned counsel for the respondents No. 1 and 2. Service, therefore, is complete. 2. Both the counsel are ad idem that the controversy involved in the present case is squarely covered by the Co-ordinate Bench decision dated 27.05.2019 gendered in the case of Smt. Narayani Devi Girls T.T. College vs. NCTE & Anr. (S.B. Civil Writ Petition No. 11966/2018). 3. The operative portion of the judgment aforesaid is reproduced hereinunder: "2. The petitioner an educational institute applied for granting recognition for B.S.T.C./B.El.Ed Course vide its application dated 6.6.2016. The application was accompanied by a fee of Rs. 1.5 lakhs through demand draft no. 2490 dated 31.05.2016. 3. The limited bone of contention is that Clause 5 of the NCTE Regulations, 2014 clearly stipulates that the recognition, fee shall be deposited online. Clause 5 reads as under:- '5. Manner of making application and time limit.- (1) An institution eligible under regulation 4, desirous of running a teacher education programme may apply to the concerned Regional Committee for recognition in the prescribed application form along with processing fee and requisite documents: Provided that an institution may make simultaneous application for shifting of premises or additional intake, or additional teacher education programmes as the case may be: Provided further that an existing institution may make an application for closure or discontinuation of one or several teacher education programmes recognised by the Council. (2) The application form may be downloaded from the Website of the Council, namely, www.ncte-india.org and different forms may be downloaded for programmes offered through open and distance learning. (3) The application shall be submitted online electronically along with the processing fee and scanned copies of required documents such as no objection certificate issued by the concerned affiliating body. While submitting the application, it has to be ensured that the application is duly signed by the applicant on every page, including digital signature at appropriate place at the end of the application. (4) While submitting the application online a copy of the registered land document issued by the competent authority, indicating that the society or institution applying for the programme possesses land on the date of application, shall be attached along with the application. (4) While submitting the application online a copy of the registered land document issued by the competent authority, indicating that the society or institution applying for the programme possesses land on the date of application, shall be attached along with the application. (5) Duly completed application in all respects may be submitted to the Regional Committee concerned between 1st March to 31st May of the preceding year from the academic session for which recognition is sought. Provided that the aforesaid period shall not be applicable for submission of application to innovative programmes of teacher education. (6) All applications received online from 1st March to 31st May of the year shall be processed for the next academic session and final decision, either recognition granted or refused, shall be communicated to the applicant on or before the 3rd day of March of the succeeding year'. 4. Learned counsel for the petitioner submits that even after the Regulations of 2014, the respondents were permitting the institutions to move application with demand draft and thus, makes a limited prayer that the petitioner's application with demand draft may also be considered and decided by the respondents. 5. Learned counsel for the respondents admits that though after Clause 5 of the Regulations of 2014 came into existence, the respondents to smoothen the process, had to accept the demand drafts but that was done upto 2015 and thereafter strict adherence to Clause 5 of Regulations of 2014 is being made and, therefore, in 2016, all such applications accompanied with demand draft instead of online payment have been rejected. 6. After hearing the learned counsel for the parties and after perusing the material available on record, this Court is of the opinion that once the respondents themselves have permitted the institutions to submit the recognition fee through demand draft uptill 2015, therefore, such exemption needs to be carried forward and such technicality cannot become the basis of rejection of application of the petitioner. However, at the same time, this Court also realises that once the Clause 5 of Regulations of 2014 came into vogue, the petitioner should have been duly diligent and should have been deposited the recognition fee online rather than submitting a demand draft. 7. However, at the same time, this Court also realises that once the Clause 5 of Regulations of 2014 came into vogue, the petitioner should have been duly diligent and should have been deposited the recognition fee online rather than submitting a demand draft. 7. In light of such limited submission and in the peculiar facts of this case, the present writ petition is disposed of with a direction to the respondents to consider the application of the petitioner as submitted in the year 2016 along with the demand draft upon the petitioner paying a cost of Rs. 11,000/- to the respondents for the default made by the petitioner. It is made clear that this order shall operate qua the petitioner only." 4. In view of the aforesaid, the present writ petition is also disposed of with the direction to the respondent to consider petitioner's application submitted in 2016. The petitioner shall be required to pay a sum of Rs. 11,000/- by way of Demand Draft to the respondents as a cost. Needless to observe that the petitioner shall be required to pay applicable fee for the course.