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2019 Supreme(Del) 1056
IN THE HIGH COURT OF DELHI AT NEW DELHI
C. Hari Shankar, J.
ROHITASH INSTITUTE OF ELEMENTARY EDUCATION - Appellant
Vs.
NATIONAL COUNIL FOR TEACHER EDUCATION AND ANOTHER - Respondent
Writ Petition (Civil) No. 5965 of 2018
Decided On : 27-02-2019
Arunima Dwivedi, Adv., Preeti Kumra, Adv., Sanjay Sharawat, Adv.
The requirements for grant of recognition to teacher education courses under the 2014 Regulations were similar to those contained in the 2009 Regulations.
Headnote:
NCTE ACT - RECOGNITION OF TEACHER EDUCATION COURSES - APPLICATION - PROCESSING - REQUIREMENTS - 2009 REGULATIONS - 2014 REGULATIONS - INTERPRETATION - REJECTION OF APPLICATION - GROUNDS - VALIDITY - JUDICIAL REVIEW.
Fact of the Case:
The petitioner, which desired to commence a D.El.Ed. (Diploma in Elementary Education) Course, applied, in pursuance to the aforementioned Public Notice, on 29th December, 2012. The application contained all requisite details. The application was accompanied by an affidavit, dated 23rd December, 2012, in which it was, deposed, inter alia, that (i) the land on which the petitioner institute was situated, was on ownership basis, (ii) the land was free from all encumbrances, (iii) the land was exclusively meant for running the educational institution, for which permission had been obtained, by the competent authority vide a letter no. 2658 dated 23rd April, 2008 (copy of which was enclosed) and (iv) the premises would not be used for running any educational activity or institute other than the teacher's education programme for which recognition was being sought.
Finding of the Court:
The impugned refusal orders, dated 20th October, 2016, of the NRC as well as the consequent appellate order dated 18th April, 2017, of the NCTE, are quashed and set aside. The petitioner's application for grant of recognition to start the D.El.Ed. Course is therefore, entitled to be considered on merits in accordance with law and keeping in view the provisions of the NRC Act and the 2014 Regulations, unhindered by the impugned orders dated 20th October, 2016 and 18th April, 2017. The respondents are directed to process and take a decision on the applications as expeditiously as possible and, at any rate within four months from today.
Issues: Whether the petitioner's application for grant of recognition to start the D.El.Ed. Course was rightly rejected by the respondents.
Ratio Decidendi: The requirements for grant of recognition to teacher education courses under the 2014 Regulations were similar to those contained in the 2009 Regulations. The petitioner's application was required to be considered by the NRC/NCTE in terms of the 2014 Regulations, as the order dated 10th September, 2013, of the Supreme Court, in Rashtrasant T.M.S. & S.B.V.M.C.A.Vid. (supra) came to be passed, in which, while, permitting applicants, who were desirous of establishing teachers education colleges/institutions to make applications in accordance with the new regulations, i.e. the 2014 Regulations, further directions were issued, to the effect that "all the pending applications shall also be decided in accordance with the new regulations". The petitioner's application was pending before the NRC, at the time of passing of the said order by the Supreme Court, it is not disputed that the petitioner's application was required to be considered in accordance with the 2014 Regulations, though the objections originally raised against the applicant were in terms of the 2009 Regulations, being the Regulations in force on the date of the first submission, by the petitioner, of its application.
Final Decision: The writ petition stands allowed to the above extent, with no order as to costs.
C. Hari Shankar, J.
The National Council for Teacher Education Act, 1993 (hereinafter referred to as "The Act"), which came into force on 29th December, 1993, provided for the establishment of a National Council for Teacher Education (hereinafter referred to as "NCTE"), aimed, inter alia, at achieving planned and coordinated development of the teachers' education system in the country, regulation and proper maintenance of norms and achievement of appropriate standards in the system of education of teachers.
2. On 26th November, 2012, the NCTE issued a Public Notice, inviting applications for recognition of teachers' education courses, for the academic session 2013-2014. The applications were required to be submitted online to the concerned Regional Committee (in the present case, the Northern Regional Committee, referred to, hereinafter, as "the NRC"), accompanied by the relevant documents.
3. It may be noted, here, that, though the initial processing of the applications, submitted in response to the aforementioned Public Notice, was in accordance with the National Council for Teacher Education Regulations, 2009 (hereinafter referred to as "the 2009 Regulations"), learned Counsel are ad idem that, by virtue of an order, dated 10th September, 2013, passed by the Supreme Court in SLP(Civil) 4247-48/2009 in Rashtrasant T.M.S. & S.B.V.M.C.A.Vid. v. Gangadhar Nilkant Shende, the application of the petitioner was required to be processed in terms of the National Council for Teacher Education Regulations, 2014 (hereinafter referred to as "the 2014 Regulations").
4. The requirements, as postulated under the 2009 and 2014 Regulations, were somewhat different.
5. Rule 7(1) of the 2009 Regulations, titled "Processing of Applications", read thus :
"7. Processing of Applications-
(1) The applicant institutions shall ensure on-line submission of applications complete in all respects along with hard copy of the application and other documents specified below. However, in case of any inadvertent omissions or deficiencies in the documents submitted, the office of the Regional Committee shall point out the deficiencies within 45 days of the receipt of the applications, which the applicants shall remove within 60 days from the date of receipt of communication of deficiencies, if any. The on-line application with separate submission of the following documents only, shall be considered as complete application.
i. Application in triplicate on the prescribed format.
ii. Processing Fees as provided under Rule 9 of the National Council for Teacher Education Rules, 1997 as amended from time to time.
iii. Fixed Deposit Receipt for Rs.5.00 lacs and 3.00 lacs of a Nationalised Bank towards Endowment and Reserve Funds, respectively.
iv. Certified copy of the registered land documents issued by the competent authority.
v. Approved building plan by the competent civil authority.
vi. Notarized copy of Change of Land Use Certificate issued by the competent authority.
vii. Affidavit in the prescribed form on Rs.100/- stamp paper duly attested by Oath Commissioner or Notary Public, stating the precise location of the land (village, district, state etc), the total area in possession, the permission of the competent authority to use the land for educational purposes and mode of possession i.e. ownership or lease."
The 2009 Regulations, therefore, required the applications to be accompanied by (i) certified copies of the registered land documents issued by the competent authority, (ii) building plan approved by the competent civil authority, (iii) notarized copy of Change of Land Use (hereinafter referred to as "CLU") Certificate issued by the competent authority and (iv) an affidavit, stating (a) the precise location of the land, (b) the total area in possession, (c) the permission of the competent authority to use the land for educational purposes and (d) mode of
