Point of Law: Education law - Recognition of courses - As a general proposition, a statutory authority is entitled to be guided only by relevant factors, and where irrelevant factors have been considered by statutory authority, order is vulnerable to correction under Article 226 of Constitution.

JUDGMENT :

PRATEEK JALAN, J.

The proceedings in the matter have been conducted through video conferencing.

CM APPL. 16316/2021 (exemption)

Exemption allowed, subject to all just exceptions.

The application stands disposed of.

W.P.(C) 5303/2021

1. Issue notice. Mr. Akshay Chandra, learned Standing Counsel, accepts notice on behalf of the respondents. The petition is taken up for disposal with the consent of learned counsel for the parties.

2. The petitioner has approached this Court against a decision of the Northern Regional Committee [“NRC”] of the National Council for Teacher Education [“NCTE”] dated 29.07.2016 by which the petitioner’s application for recognition of its integrated B.A.B.Ed./B.Sc.B.Ed. programme was rejected. The petitioner also seeks a direction upon the respondents to process its application in terms of the judgment of this Court dated 18.10.2019 in W.P.(C) 8820/2019 [Sir Chhotu Ram Jat College of Education vs. National Council for Teacher Education and Anr.] and connected matters.

3. Pursuant to the petitioner’s application, the NRC issued a show cause notice dated 01.03.2016 pointing out the following deficiencies in the petitioner’s application:-

• “The applicant institution has not submitted any proof/evidence that it is already running BA/B.Sc. courses as per the norms of NCTE Regulations, 2014.

• Certified copies of registered land documents issued by the competent authority have not been submitted.

• Non-encumbrance certificate has not been submitted.”

4. The petitioner replied to the aforesaid show cause notice on 21.03.2016. The NRC considered the matter and issued a further show cause notice dated 21.06.2016 in respect of the following deficiencies:-

• “The building completion certificate indicates that the institution has total constructed area of 5017 sq.mtr, which is less than the required built-up area for four units of B.Ed., one unit D.EI.Ed. and proposed one unit each for BA.B.Ed. and BSc. B.Ed. (6000 sq.mtr.). The Regulation of BA/BSc. B.Ed. mentions that the Departments total built-up area for BA/BSc. B.Ed. and existing programmes are 4500 sq.mtr. + 1500 sq.mtr. = 6000 sq.mtr.

• The CLU has not been issued by the Competent Authority.

• There is no evidence that the Institution runs BA and B.Sc. programmes as approved by the affiliating university.

• A letter from Additional Chief Secretary to Government of Haryana, Higher Education Department, Chandigarh dt. 12.03.2016 reads as "Hence, you are requested not to entertain the application the applications of the Societies/Trusts seeking recognition for 4 year Integrated course BA B.Ed./B.Sc.B.Ed. and opening of new B.Ed. colleges in the State henceforth and during the years 2016-17 and 2017-18.” (Emphasis supplied.)

5. The petitioner admittedly did not respond to this show cause notice. In fact, the contention of the petitioner in the writ petition is that the show cause notice dated 21.06.2016 was not received by it at all. Consequently, the NRC, by the impugned order dated 29.07.2016, rejected the petitioner’s application for recognition.

6. Mr. Sanjay Sharawat, learned counsel for the petitioner, contends that one of the grounds taken in the show cause notice dated 21.06.2016 pertains to a communication dated 12.03.2016 from the Government of Haryana to the NCTE, requesting the NCTE not to entertain applications of societies/trusts seeking recognition for their integrated programmes and opening of new B.Ed. colleges in the State of Haryana. According to Mr. Sharawat, the reliance of the NCTE upon the said recommendation of the State Government to impose a ban on the opening of new colleges cannot be applied to the petitioner’s application, which was prior to the aforesaid communication of the Government of Haryana. For this purpose, Mr. Sharawat places reliance upon the judgment of this Court dated 18.10.2019 in Sir Chhotu Ram [supra].

7. In the aforesaid judgment, this Court was concerned with the question as to whether the applications for recognition o