Back
2017 Supreme(Pat) 802
IN THE HIGH COURT OF JUDICATURE AT PATNA
CHAKRADHARI SHARAN SINGH, J.
Surendra B.Ed. Teachers Training College - Petitioner
Versus
The State of Bihar, through Chief Secretary, Government of Bihar, Patna - Respondent
Civil Writ Jurisdiction Case No.7972 of 2017
Decided On : 11-08-2017
For the Petitioner: Mr. Yogesh Chandra Verma, Sr. Adv., Mr. Anuj Kumar, Adv.
For the University : Mr. Anand Kumar Ojha, Adv., Mr. Madhav Pd. Yadav, Mrs. Meera Singh, AC.
The NCTE Act has supremacy over other laws in teacher education matters, and examining bodies have a legal obligation to grant affiliation to recognized institutions.
Headnote:
NCTE Act - Affiliation - Section 14(3)(a), Section 14(6), Section 16 - The court discussed the provisions of the NCTE Act, particularly Section 14(6) and Section 16, and emphasized the legal obligation of examining bodies to grant affiliation to institutions with recognition and the supremacy of the Act over other laws in the matter of teacher education. The court also highlighted the distinction between recognition and affiliation, and the limitations on the affiliating body's discretion in granting affiliation.
Fact of the Case:
The petitioner, a B.Ed. college, sought quashing of a letter refusing extension of provisional affiliation and permission for students to appear for the final examination. The college had recognition from NCTE but was refused affiliation by the University. The students were admitted without following the prescribed procedure through entrance test.
Finding of the Court:
The court quashed the refusal of affiliation by the University and directed it to issue orders strictly in terms of Section 14(6) of the Act. However, the court dismissed the application regarding the students' admission and directed the college to refund fees and pay compensation to the students.
Issues: The issues involved were the refusal of affiliation by the University despite NCTE recognition and the legality of students' admission without following the prescribed procedure.
Ratio Decidendi: The court held that the Act has supremacy over other laws in teacher education matters, and examining bodies have a legal obligation to grant affiliation to recognized institutions. It also emphasized the distinction between recognition and affiliation, and the limitations on the affiliating body's discretion in granting affiliation.
Final Decision: The court quashed the refusal of affiliation by the University, directed it to issue orders strictly in terms of Section 14(6) of the Act, and dismissed the application regarding the students' admission while directing the college to refund fees and pay compensation to the students.
1. The petitioner-Surendra B.Ed. Teachers Training College (hereinafter referred to as the ‘college’), is said to be run by one Surendra Hemant Education & Social Welfare Society (hereinafter referred to as the ‘Society’) and is an institution within the meaning of Section 2(e) of National Council for Teacher Education Act, 1993 (hereinafter referred to as the ‘Act’), which offers courses or training in teacher education. It is the claim of the petitioner-college that it has been granted recognition by the National Council for Teacher Education (hereinafter referred to as the ‘NCTE’), under Section 14(3)(a) of the Act, which fact is not in dispute and which is evident from the pleadings and other materials on record.
2. This application, under Article 226 of the Constitution of India, has been filed on behalf of the petitioner-college, seeking quashing of a letter, dated 28.10.2016, issued by the Registrar, Aryabhatta Knowledge University, Patna (hereinafter referred to as the ‘University’), communicating the Chairman of the petitioner-college that the Affiliation and New Teaching Programme Committee and the Court of Affiliation, being not satisfied with the reply submitted by the petitioner-college, have resolved not to grant extension of provisional affiliation for the academic session 2016-17.
3. At the cost of re-petition, this is to be noted here that the University does not dispute that the petitioner-college has recognition by the NCTE, under Section 14(3)(a) of the Act, for the said academic session, i.e., 2016- 17.
4. The second relief, which the petitioner college has sought in the present writ application, is that the students, who have already been admitted in B.Ed. course for the academic session 2016-17, be allowed to appear for the final examination meant for 2016-17.
5. The other reliefs, sought for on behalf of the petitioner-college in the present writ application, are not material, worth being referred to, which relate to direction for fresh inspection of the petitioner-college.
6. The two reliefs, which have been sought for in the present writ application, have two different aspects. On the question of refusal by the University to extend affiliation, the issue, which is involved, is as to whether the University could at all refuse affiliation when the petitioner college is enjoying the status of recognized institution of NCTE. In relation to the second aspect, i.e., to allow the students to appear for the examination, the question is as to whether such students can be held to be legally admitted by the petitioner-college and if their admissions itself is found to be in teeth of law, whether the Court can still direct the University to allow them to appear for B.Ed. examination for the academic session 2016-17.
7. In relation to the question, as to whether the University could refuse to grant affiliation or to extend affiliation, granted to the petitioner-college, which is recognized by the NCTE, under Section 14(3)(a) of the Act, I need to first take note of Section 14(6) and Section 16 of the Act, which state thus:-
“14. (6) Every examining body shall, on receipt of the order under sub-section (4),–
(a) grant affiliation to the institution, where recognition has been granted; or
(b) cancel the affiliation of the institution, where recognition has been refused.”
“16. Affiliating body to grant affiliation after recognition or permission by the Council.– Notwithstanding anything contained in any other law for the time being in force, no examining body shall, on or after the appointed day,–
(a) grant affiliation, whether provisional or otherwise, to any institution; or
(b) hold examination, whether provisional or otherwise, for a course or training conducted by a recognize institution.
Unless the institution concerned has obtained recognition from the Regional Committee concerned under Section 14 or permission for a course or training under Section 15.”
8. The language of sub-Section (6) of Section 14 is u
