Back
2010 Supreme(Pat) 1313
PATNA HIGH COURT
Mihir Kumar Jha, J.
Lalit Narayan Mithila University
Versus
S.M.Zaheer Alam Teachers Training College
Letters Patent Appeal No. 756 of 2008
Decided On : MAY 20, 2010
Headnote:
The court held that the college was not entitled to allow its students of three academic sessions to appear in the university examination during the period in which the college had stood derecognized by the NCTE. The court also held that the university was well within its power to refuse permission for appearance of the students of three sessions 2001-02, 2002-03 and 2003-04.
Fact of the Case:
The college was granted permanent recognition by the State of Bihar on 29.9.1994. Soon thereafter National Council For Teachers Education Act, 1993 (hereinafter referred to as the Act) came into force with effect from August 1995 in the State of Bihar and in terms of the requirement under the Act the College had applied for recognition with National Council for Teachers Education (NCTE) and the Eastern Regional Committee (E. R. C.) of NCTE at Bhuvneshwar had initially by an order dated 12.7.1997 in terms of section 14 of the Act had given recognition to the College for its one year B. Ed Course for the academic session 1997-98 only on a provisional basis making such recognition conditional and subject to fulfillment of NCTE norms. Such temporary recognition for one year of the college with the NCTE was again extended by another order dated 22.6.1998 of the regional committee for the academic session 1998-99 onwards on a condition that the College must continue to fulfil the norms laid down under the regulations and submit its annual report in this regard by 30th of April of each year.
Finding of the Court:
The court held that the college was not entitled to allow its students of three academic sessions to appear in the university examination during the period in which the college had stood derecognized by the NCTE. The court also held that the university was well within its power to refuse permission for appearance of the students of three sessions 2001-02, 2002-03 and 2003-04.
Issues: Whether the college was entitled to allow its students of three academic sessions to appear in the university examination during the period in which the college had stood derecognized by the NCTE.
Ratio Decidendi: The court held that the college was not entitled to allow its students of three academic sessions to appear in the university examination during the period in which the college had stood derecognized by the NCTE. The court also held that the university was well within its power to refuse permission for appearance of the students of three sessions 2001-02, 2002-03 and 2003-04. The court relied on the following principles: * A derecognized College in terms of Sec.14 (5) of the Act has the statutory obligation to discontinue the course or training in teacher education from the end of the academic session next following the date of receipt of the order refusing recognition. * Sec.14 (5) of the Act in no uncertain terms casts obligation on the institution to discontinue the course or training in teacher education from the end of the academic session next following the date of receipt of the order refusing recognition passed under clause (b) of sub-section (3 ). * The very purpose of Sec.14 (5) of the Act by providing discontinuation of the course or training in teachers education from the end of the academic session next following the date of receipt of the order refusing recognition passed under Clause B of Sub-Section 3 of Sec.14 of the Act would make it clear that an institution which was granted recognition for specific period and was later on refused such recognition on account of non-fulfilment of the requirement laid down in Clause (A) of Sub-Section (3) of Sec.14 of the Act will have to compulsorily discontinue the teaching programme from the next academic session.
Final Decision: The appeal was allowed and the impugned judgment and order of learned single Judge was set aside. The writ petitions filed by the respondents-writ petitioners were consequently dismissed.
Mihir Kumar Jha, J.
1. Heard Mr. Lalit Kishore, learned counsel for the appellants, Mr. Ashok Kumar Chaudhary, learned counsel appearing on behalf of the contesting respondent-writ petitioner, Mr. S. N. Pathak, learned counsel appearing on behalf of Nation Council of Teachers Education (NCTE) and Mr. Pratap Sharma, learned counsel appearing on behalf of respondent nos.6 to 8.
2. This intra court appeal is directed against the judgment and order dated 5.8.2008 of the learned single Judge in C. W. J. C. No.5785 of 2007 which was heard along with C. W. J. C. No.13416 of 2007 and allowed by directing the appellant Lalit Narayan Mithila University, hereinafter referred to as the University to permit the students of S. M. Zaheer Alam Teacher Training College, Bahera, hereinafter referred to as the College, for the sessions 2001-02, 2002-03,2003-04 for appearing in the next forthcoming examination of B. Ed Course conducted by the said University subject to fulfillment of the prescribed formalities regarding forms and fees etc.
3. Shorn of niceties, the facts required to be taken into consideration lie in a narrow compass. The College is said to have been established in the year 1984 by a Muslim Minority Society, namely Rauf muslim Jamia registered under the Society Registration Act, 1860 for imparting education of teachers training leading to one year B. Ed course. The college was granted permanent recognition by the State of Bihar on 29.9.1994. Soon thereafter however National Council For Teachers Education Act, 1993 (hereinafter referred to as the Act) came into force with effect from August 1995 in the State of Bihar and in terms of the requirement under the Act the College had applied for recognition with National Council for Teachers Education (NCTE) and the Eastern Regional Committee (E. R. C.) of NCTE at Bhuvneshwar had initially by an order dated 12.7.1997 in terms of section 14 of the Act had given recognition to the College for its one year B. Ed Course for the academic session 1997-98 only on a provisional basis making such recognition conditional and subject to fulfillment of NCTE norms. Such temporary recognition for one year of the college with the NCTE was again extended by another order dated 22.6.1998 of the regional committee for the academic session 1998-99 onwards on a condition that the College must continue to fulfil the norms laid down under the regulations and submit its annual report in this regard by 30th of April of each year.
4. It is a matter of record that such recognition of the College with NCTE had continued only upto 2000-01 session inasmuch as by order dated 9.5.2001 the E. R. C. of NCTE on the basis of its inspection report and other relevant materials furnished by the College had found that the College did not fulfil the prescribed requirement and as such by a notice dated 29.6.2000 in terms of proviso to Sec.14 (3) (b) of the Act as with regard to cancellation of the recognition and after affording an opportunity of hearing to the College had refused to grant it recognition from 2001-02 session on as many as six grounds namely:-
1. Teachers are neither paid salary as per UGC scales not as per State Govt. scales.2. The Psychology lad; E. T. lab and Work Experience lad. are not equipped as per NCTE norms.3. The audited account of the college was neither shown to the visiting team nor has been submitted to ERC.4. The institution does not have adequate number of practice teaching schools in the area.5. The working days and teaching days are not observed as per NCTE norms in the institution.6. The endowment fund of Rs.5 lacs and reserve fund equal to three months salary of the staff is not maintained by the institution.
5 The refusal of recognition by order dated 9.5.2001 made the College an unrecognized college by NCTE and despite the appeal preferred by the College before the Central Council of NCTE against the said order, dated 9.5.2001 of the E. R. C. was not interfered with as would be a
