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2012 Supreme(SC) 780

SUPREME COURT OF INDIA
K. S. RADHAKRISHNAN & DIPAK MISRA, JJ.
NATIONAL COUNCIL FOR TEACHER EDUCATION AND ANOTHER - Appellants
VERSUS
VENUS PUBLIC EDUCATION SOCIETY AND OTHERS - Respondents
Civil Appeal No. 7749 of 2012 (Arising out of S.L.P. (Civil) No. 11385 of 2012)
Decided on : 01-11-2012.

IMPORTANT POINT
Students taking admission in non-recognized institutions do so at their own risk and peril.

Headnote:(a) Contempt of Courts Act - Section 12 - In contempt matter, a relief cannot be granted by way of interim direction. (Para 11)

        (b) National Council for Teacher Education (Recognition, Norms and Procedure) Regulations, 2009 - Clauses 7(9), 7(11) and 8(12) r/w section 14 and 15 National Council for Teacher Education Act, 1993 - Requirement of sections 14 and 15 and regulations 7 and 8 for recognition and requirement of formal recognition by NCET and affiliation by examining body before commencing admission - Mandatory - Recognition can be granted for next academic session only - It cannot be retrospective. (Paras 16, 24, 26, 29 and 34)

        (1992) 4 SCC 435; (2011) 4 SCC 527; (2012) 2 SCC 16; (1991) 3 SCC 87; (2012) 2 SCC 425 - Relied upon

        (c) Educational law - Higher education - Students admitted to non-recognised institutions - Status - Non-est in the eyes of law - Students must verify recognition of institution before taking admission - NCET should also act with promptitude. (Para 35)

        (2012) 2 SCC 425; (1986) 2 SCC 667 - Relied upon

        (1974) 1 SCC 717; (1989) 1 SCC 392; (1993) 3 SCC 595; 1986 Supp SCC 166 - Referred

       Facts of the case:

        This case relates to recognition of an institution to impart D. El. Ed. Course in the context of NCET Act and Regulations.

        The question arising in this case is whteher recognition of an ionstitution can be retrospective; and whether students of non-recognized institutions are entitled to take exams. and declaration of result.

       Finding of the Court:

        The Court answered both the questions in the negative.

       Result : Appeal allowed.

       

JUDGMENT

Dipak Misra, J.-Leave granted.

2. Acquisition of knowledge and obtaining of necessary training for imparting education have their immense signification. As C. Simmons would like to put it “The secret of successful teaching is to teach accurately, thoroughly, and earnestly” and one may fruitfully add that accuracy and thoroughness can be achieved by cultivated education, matured training and keen intellect. That is why teaching becomes a teacher’s passion and religion. A good teacher, in a way, represents country’s orderly civilization. A teacher is expected to kindle interest in the taught by method of investigation, incessant implantation of knowledge and demonstration of experience that is replete with intellectual pragmatism. A student who is keen on getting training has to keep in mind the concept of reason, conception of logic and sanctity of rationality. He is expected to distance himself from habitual disobedience and unfettered feeling, for a civilized society which is governed by Rule of Law does not countenance such characteristics. The aspiration to become a teacher after obtaining training requires these qualities as they constitute the base on which the superstructure is built.

3. Importance of teachers and their training, significance of qualified teachers in schools and colleges and their centripodal role in building of the nation have been highlighted in Ahmedabad St. Xavier’s College Society v. State of Gujarat [(1974) 1 SCC 717], Andhra Kesari Educational Society v. Director of School Education [(1989) 1 SCC 392], State of Maharashtra v Vikas Sahebrao Roundale [(1992) 4 SCC 435], St. John’s Teachers Training Institute (for Women) v. State of T.N. [(1993) 3 SCC 595] and N.M. Nageshwaramma v. State of A.P. [1986 Supp SCC 166], and recently reiterated in Adarsh Shiksha Mahavidyalaya and others v. Subhash Rahangdale and others [(2012) 2 SCC 425].

4. It is to be clearly stated that an institution that is engaged or interested in getting involved in imparting a course for training has to obey the command of law in letter and spirit. There cannot be any deviation. But, unfortunately, some of the institutions flagrantly violate the norms with adamantine audacity and seek indulgence of the court either in the name of mercy or sympathy for the students or financial constraint of the institution or they have been inappropriately treated by the statutory regulatory bodies. None of these grounds justify deviation. The case at hand graphically depicts deviations but the High Court putting the blame on the statutory authority has granted relief to the respondent- institution which is impermissible.

5. The factual exposition of the present litigation demonstrably reflects the combat between the truth and falsehood, battle between justice and injustice, the contestation between the accord and discord, the collision between fairness and manipulation, the scuffle betwixt the sacrosanctity of the majesty of law and its abuses and the clash between the mandated principles and invocation of sympathy. Such a controversy emerges because majesty, sanctity and purity of law have been corroded and truth, however, relative it may be in the mundane world, has its own command and the same has been deliberately guillotined forgetting the fundamental fact that none can afford to build a castle in Spain in the realm of truth. It is worthy to note that justice in its connotative expanse engulfs the liberalism of an ocean, the magnanimity of the Sun, the sternness of a mountain, the simplicity of a saint, the austerity of a Spartan and the humility of a river. The concept of justice has to remain embedded in spite of adversities. It should remain unshaken, unterrified, unperturbed and loyal to the Rule of Law. In the case at hand, as a maladroit effort has been made to give an indecent burial to the command of law and pave the path of injustice, the same has to be dealt with sternly sans sympathy.

6. Presently to the factual narrat


































































































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