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SUPREME COURT OF INDIA
R.F. NARIMAN, B.R. GAVAI, JJ.
DEVENDRA PATHAK SARVODAYA COLLEGE OF EDUCATION – APPELLANT
VERSUS
NATIONAL COUNCIL FOR TEACHER EDUCATION AND ORS - RESPONDENTS
WRIT PETITION (C) NO.518 OF 2021, WRIT PETITION (CIVIL) NO.532, 793, 778, 789, 794, 608, 602, 601, 538, 711, 823 OF 2021
Decided on : 11-08-2021
National Council for Teacher Education Act, 1993 – Section 14(1) – National Council for Teacher Education (Recognition, Norms and Procedure) Regulations, 2014 – Recognition to various Teachers Training Colleges – There can be no rational for NCTE or its Regional Committee to deny recognition from Academic Year 2021-2022 and insist on recognition for Academic Session 2022-2023 – Counselling for admission is yet to commence – Insofar as timeline prescribed in judgment of this Court in case of Maa Vaishno Devi Mahila Mahavidyalaya ((2013) 2 SCC 617) is concerned, this Court itself in catena of orders has modified timeline fixed therein – Same course needs to be followed in present matter, particularly, when delay is not attributable to petitioners, but, on the contrary to NCTE or its Regional Committees – Cut-off date fixed by this Court in Maa Vaishno Devi Mahila Mahavidyalaya ((2013) 2 SCC 617) is extended in facts of these cases – Petitioners would be entitled to recognition granted by respective orders passed by NCTE or its Regional Committees from Academic Session 2021-2022 instead of Academic Session 2022-2023 – Respondent-NCTE and its Regional Committees directed to issue formal orders/notifications in that regard within a period of three days from today – State and other Authorities would consider grant of affiliation and/or other requisite permissions within a period of 15 days from today – Petitioners would be entitled to admit students for Academic Session 2021-2022 as per sanction granted by NCTE for Academic Session 2022-2023 – Name of petitioner-colleges/institutions shall be included in counselling programme for admissions. (Paras 34 and 35)
Facts of the case:
Matter concerning grant of recognition to various Teachers Training Colleges. Petitioner-colleges have approached this Court seeking a direction to the respondents to grant recognition for Academic Year 2021-2022. Proposal of the petitioners for grant of recognition for conducting either B.Ed. course or D.El.Ed. course or for both have been pending for considerable periods. In some cases, they have been pending as long as for a period of six years. In some cases, there has been series of litigations. However, the factor that is common in all the matters is that NCTE or its Regional Committees, after considering all necessary requirements, have granted recognition for conducting B.Ed./D.El.Ed. course for Academic Session 2022-2023.
Findings of Court:
Proposal of the petitioners for grant of recognition for conducting either B.Ed. course or D.El.Ed. course or for both have been pending for considerable periods. In some cases, they have been pending as long as for a period of six years. In some cases, there has been series of litigations. However, the factor that is common in all the matters is that NCTE or its Regional Committees, after considering all necessary requirements, have granted recognition for conducting B.Ed./D.El.Ed. course for Academic Session 2022-2023.
Result : Writ Petitions allowed.
JUDGMENT :
B.R. GAVAI, J.
1. The facts in all these bunch of petitions are almost similar and as such, are decided by this common judgment.
2. We will refer to the facts in the lead matter i.e. Writ Petition (Civil) No.518 of 2021 in some detail and would refer to the bare necessary facts in all other matters.
Writ Petition (Civil) No.518 of 2021
3. The petitioner college was established as unaided training college to impart Bachelor in Teacher Education (B.Ed.) and Diploma in Elementary Education (D.El.Ed.) courses in the year 2011.
4. The petitioner college submitted an application to respondent No.1 – National Council for Teacher Education (hereinafter referred to as ‘NCTE’) for grant of recognition under Section 14(1) of the National Council for Teacher Education Act, 1993 (hereinafter referred to as ‘the said Act’) for conducting B.Ed. course with an annual intake of 100 students.
5. Vide order dated 25.2.2014, NCTE granted recognition for B.Ed. course under one year programme for Academic Year 2014-2015 with an annual intake of 100 students.
6. Respondent No. 2 – Magadh University, Bodh Gaya, Bihar, vide letter dated 2.8.2014 granted affiliation to the petitioner college to conduct admission with 100 seats of one year B.Ed. course from Academic Year 2014-2015 till continuation of accreditation of NCTE.
7. By the National Council for Teacher Education (Recognition, Norms and Procedure) Regulations, 2014 (hereinafter referred to as ‘2014 Regulations’), notified on 28.11.2014, a two-year B.Ed. course was introduced instead of one-year B.Ed. course from Academic Session 2015-2016 onwards.
8. Petitioner-college by an affidavit agreed to come under 2014 Regulations and sought for two basic units (100 seats) in B.Ed. course, which requires additional facilities. Vide order dated 23.5.2015, petitioner-college was granted recognition for two-year B.Ed. course for Academic Session 2015-2016 with an annual intake capacity of 100 seats. Petitioner-college was also granted recognition for D.El.Ed. course vide order dated 2.5.2016 with an annual intake of 50 seats for two years duration from Academic Session 2016-2017 to 2017-2018.
9. On 3.6.2016, after receiving NOC, the petitioner-college submitted its online application to NCTE seeking recognition for additional two units (100 seats) for D.El.Ed. and B.Ed. courses along with relevant documents.
10. Vide order dated 26.9.2017, respondent No.3 – Bihar School Examination Board granted affiliation to the petitioner-college for conducting D.El.Ed. course with one unit (50 seats) from Academic Session 2017-2019.
11. In the 280th meeting of NCTE, held on 29.2.2020 and 1.3.2020, a visiting team was constituted under the provisions of Section 15 of the said Act so as to inspect the infrastructure and instructional facilities for additional intake in B.Ed. and D.El.Ed. courses. However, on account of Covid19 pandemic, inspection could not take place as scheduled. Subsequently, inspection in the petitioner-college came to be conducted on 8.3.2021 and a letter of intent was issued in favour of the petitioner-college by NCTE for additional intake in B.Ed. and D.El.Ed. courses as to the proposal submitted by the petitioner-college on 10.6.2021. In the 290th meeting held on 3.3.2021, NCTE found that the petitioner-college has adequate facility required for conducting teachers’ courses. Petitioner-college was therefore asked to intimate its willingness on an affidavit about the number of units sought for the purpose of granting of the formal recognition. Petitioner-college replied thereto stating that the petitioner-college has the necessary infrastructure for additional intake of two units for B.Ed. course and two units for D.El.Ed. course. Recognition was granted to the petitioner-college for additional intake of two units in B.Ed. course and two units in D.El.Ed. course in the 291st meeting of NCTE, held on 12.4.2021. However, by the said resolution, the recognition has been granted for Academic Year 2022-
Recognition to Teachers Training Colleges – There can be no rational for NCTE or its Regional Committee to deny recognition from Academic Year 2021-2022 and insist on recognition for Academic Session....
The need for commensurate faculty strength as per the NCTE Act and the requirement for proper authorization for admitting students.
The statutory provisions under Section 17 of the NCTE Act only allow for continued education of currently enrolled students post-recognition withdrawal, effectively barring new admissions for de-reco....
Section 17 of the NCTE Act empowers the Regional Committee of the NCTE to withdraw recognition granted to an institution offering course or training in teacher education, for reasons to be recorded i....
Point of Law : Petitioner is not entitled for an order for directing the respondent authorities to select and appoint the petitioner as the Principal of the said school.
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