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2011 Supreme(SC) 129

2011 (4) SCC 527
IN THE SUPREME COURT OF INDIA
R.V. RAVEENDRAN, A.K. PATNAIK
CHAIRMAN, BHARTIA EDUCATION SOCIETY & ANR. - APPELLANTS
Vs.
STATE OF HIMACHAL PRADESH & ORS - RESPONDENTS
CIVIL APPEAL NO. 1227 OF 2011, CIVIL APPEAL NO. 1228 OF 2011
Decided On: February 02, 2011.

Headnote:A) CONSTITUTION OF INDIA : Art.14, NATIONAL COUNCIL FOR TEACHER EDUCATION ACT : S.14(1), S.14(5), S.15, S.16, S.17(3), S.17(4):- This appeals arise out of the order of the High Court with regard to disputes arising out of the non-affiliation of the teacher training institute by the State Examination Board. The appellant institute which had obtained the recognition from National Council Teacher Education, but failed to obtain the affiliation from State

       Examination for the alleged violation of admission norms with regard to eligibility and age of the students.

       Held affiliation and recognition are two separate facts, mere recognition does not confer the right to be affiliated. On the facts of the case order of the High Court directing refund of the fees along with damages of Rs.50,000/- was upheld. However in respect of students for the academic year 2000-2002 they were directed to be allowed for taking the examination by the State Board because after and before the years, affiliation had been granted.

       

ORDER

R.V. Raveendran J.,

Leave granted. Heard.

2. Bhartia Education Society (`Society' for short) runs an institute known as Rameshwari Teachers Training Institute (`Institute' for short) at Gandhi Nagar, Kullu, Himachal Pradesh. The Institute was recognized by National Council for Teacher Education (for short, `NCTE') by order dated 17.7.2000 for conducting Two-year Junior Basic Training (JBT) course with an intake of 50, from the academic session 2000- 2001. NCTE increased the intake to 100 from the academic session 2002-2004.

3. After getting recognition, the Institute applied for affiliation to the Examining Body - Himachal Pradesh Board of School Education (`Board' for short) on 31.8.2001. The Board granted affiliation to the Institute for the two-year JBT course (2001-2003) by two orders that is order dated 31.12.2001 for the first year of the two-year course (2001-2002) and order dated 27.12.2002 for the second year of the two-year course (2002-2003). The Board however did not grant affiliation for the subsequent JBT courses and in fact refused affiliation by order dated 20.1.2004. Ultimately it is stated that affiliation to the Institute was granted by the Board only in the year 2009. The State Government by letter dated 17.10.2002, however granted one time relaxation in regard to students admitted by the Institute for the academic sessions 1999-2001 and 2000-2002 and directed the Board to conduct the examination for those students. In compliance thereof the Board permitted the eligible students of 1999-2001 and 2000-2002 batches to take the examination in December 2002.

4. The students admitted by the Institute to the two- year JBT Course in the year 1999 filed CWP Nos.819 of 2003, 1178, 1188, 1194, 1204 of 2004 and 50 of 2005, before the High Court praying for a direction to the Board to declare the first year JBT course results of 1999-2001 batch and a further direction to the Board to hold the second year examinations for the students belonging to the 1999-2001 batch. A student admitted by the Institute to the JBT course in the year 2002 filed CWP No.622 of 2004 seeking a direction to the Board to conduct the examinations for the students admitted for the academic session 2002-2004. The High Court, by its common judgment dated 13.1.2006, rejected the prayers in the said petitions relating to 1999-2001 and 2002-2004 batches but however a different relief to the students who had filed the writ Petitions by directing the Society and the Institute to refund the fee paid by them and also pay each of them Rs.50,000/- as damages.

5. CWP Nos.170 of 2005 and 1231 of 2005 were filed by some of the students admitted by the Institute in the year 2003, seeking a direction to the Board to take steps to grant affiliation to the Institute and permit the students of 2003- 2005 batch to appear for the examinations. CWP Nos.251 and 252 of 2005 were filed by the Society/Institute seeking a direction to the Board to grant an affiliation for the academic sessions 2004-2006 and 2005-2007 and a direction to the Government to sponsor students for admission for the said 2004-2006 and 2005-2007 academic sessions. These four writ petitions were disposed of by another common judgment dated 12.7.2007. CWP Nos.251 and 252 of 2005 filed by the Society/Institute were dismissed. CWP Nos.170 and 1231 of 2005 filed by the students of 2003-2005 batch were disposed of by directing the Society and the Institute to refund the fees received from those students and pay Rs.50,000/- as damages to each of them.

6. CA Nos.1227/2011 is filed by the Society/Institute against the judgment dated 13.1.2006 in CWP No.622/2004 relating to 2002-2004 batch. CA No.1228/2011 is filed by the society/Institute and CA No.1229/2011 is filed by the students admitted in 1999, against the judgment dated 13.1.2006 in CWP No.819/2003, 1178, 1188, 1194, 1204 of 2004 and 50/2005, relating to the 1999-2001 batch. CA Nos.1230- 1231/2011 are filed by the Society/Institute against the









































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