SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2008 Supreme(Ker) 239

Judgename : K.BALAKRISHNAN NAIR,,A.K.BASHEER,P.N.RAVINDRAN
Vikram Sarabhai Educational Trust - Appellant
Versus
University of Calicut - Respondents
Case No : WP(C).No.15339 of 2007 (A)
Decided On : 05/23/2008

Advocates Appeared:For the Petitioner:George Poonthottam, Advocate. For the Respondents: Alexander Thomas, SC, KPSC.

Headnote:

National Council for Teacher Education Act, 1993 - Section 14(3)(a) - Petitioner Trust was an applicant for establishing a B.Ed. College - The recognition was granted under S.14(3)(a) of the NCTE Act for conducting B.Ed. Course of one year duration with an annual intake of 100 students - The grant was subject to the condition that the College should shift to its own premises/building within three years from the date of recognition - Question arose was whether the University is bound to grant affiliation to a B.Ed. College, for which the petitioner has obtained recognition under S.14(3)(a) of the NCTE Act from the Southern Regional Committee of the National Council for Teacher Education, notwithstanding the report of the Sub Committee of the University that the College does not have the requisite infrastructural facilities - Held, This is a case where no facilities are provided for the conduct of the course - If the inspection report of the University is correct, certain facilities may be inadequate in accordance with the NCTE norms and to that extent, the grant of recognition by the NCTE may not be proper - Writ Petition is disposed of.

Judgment :-

Balakrishnan Nair, J.

The point that arises for decision in this Writ Petition is whether the University is bound to grant affiliation to a B.Ed. College, for which the petitioner has obtained recognition under Section 14(3)(a) of the National Council for Teacher Education Act, 1993 (hereinafter referred to as the NCTE Act) from the Southern Regional Committee of the National Council for Teacher Education, notwithstanding the report of the Sub Committee of the University that the College does not have the requisite infrastructural facilities.

2. The brief facts of the case are the following: The petitioner Trust was an applicant for establishing a B.Ed. College at Kaipamangalam in Thrissur District since 2002. It is unnecessary to re-state the travails faced by the petitioner in pursuing its application. Suffice it to say, finally, the Southern Regional Committee of the NCTE by Ext. P1 order dated 23.2007, granted recognition to Vikram Sarabhai B.Ed. College, Kaipamangalam, Kodungallur, Thrissur District for conducting B.Ed. Course of one year duration with an annual intake of 100 students. The recognition was granted under Section 14(3)(a) of the NCTE Act. The grant was subject to the condition that the College should shift to its own premises/building within three years from the date of recognition. It was also stipulated that the recognition is subject to fulfillment of all such other requirements as may be prescribed by other regulatory bodies like U.G.C., affiliating University/bodies, State Government, etc., as applicable. The said order reads as follows:

"ORDER

WHEREAS in terms of Section 14(1) of the NCTE Act, 1993 Vikram Sarabai Education Trust, Thrissur District, Kerala has submitted an application to the Southern Regional Committee of NCTE for grant of recognition to Vikram Sarabai B.Ed. College, Kaipamangalam, Kodungallur, Thrissur District - 680681, Kerala for Secondary (B.Ed.) course of one year duration with an annual intake of 100 (Hundred) Students.

2. AND WHEREAS on scrutiny of the application submitted by the institution, the documents attached therewith, the affidavit and the input received from the visiting team in the form of report and videography, the Committee is satisfied that the institution fulfills the requirements under the provisions of NCTE Act, Rules and relevant Regulations including the Norms and Standards for the said teacher education programme such as instructional facilities, infrastructure facilities, library, accommodation, financial resources, laboratories etc., for running the programme and has appointed duly qualified teaching staff as per NCTE norms.

3. Now, therefore, in exercise of the powers vested under Section 14(3)(a) of the NCTE Act, 1993, the Southern Regional Committee hereby grants recognition to Vikram Sarabai College of Education, Kaipamangalam, Kodungallur, Thrissur District -680681, Kerala for conducting Secondary (B.Ed.) course of one year duration with an annual intake of 100 (Hundred) students under clause 7(12) of Regulations dated 13.01.2006. This order of recognition shall be prospective and take effect from the date of issue of this order, subject to fulfillment of the following:

i) The institution shall, within one month of the receipt of recognition order, convert the endowment fund account into a joint account to be operated along with an official of the Southern Regional Committee.

ii) The institution shall comply with the various other norms and standards prescribed in the NCTE regulations, as amended from time to time.

iii) The institution shall shift to its own premises/building within three years from the date of recognition. (in case the course is started in rented premises)

4. Further, the recognition is subject to fulfillment of all such other requirements as may be prescribed by other regulatory bodies like UGC, affiliating University/bodies, State Government etc., as applicable.

5. The institution shall submit to the Regional Committee


























































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top