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High Court of Judicature at Madras
THE HONOURABLE CHIEF JUSTICE MR. A.P. SHAH, THE HONOURABLE MRS. JUSTICE PRABHA SRIDEVAN & THE HONOURABLE MR. JUSTICE P. JYOTHIMANI
Rukmani College of Education
Versus
The State of Tamil Nadu & Others
W.P.No.28304 of 2007 and M.P.Nos.1 to 3 of 2007
Decided On :Decided On : 06-10-2007
NCTE Act, 1993 - Section 14(6) - Affiliation of teacher training institutions - Role of University vis-à-vis NCTE - Scope of judicial review.
Fact of the Case:
Petitioner Trust sought affiliation from the University for running B.Ed. Course with an intake of 100 students for the academic year 2006-2007. NCTE had granted recognition for the same academic year. University granted provisional affiliation only from the academic year 2007-2008, considering that the students admitted would not be able to complete the requisite number of term days.
Finding of the Court:
1. NCTE Act, 1993 has been enacted by Parliament under Entry 66 of List I to coordinate with and determine the standards of teacher training institutions as well as Entry 25 of List III. The provisions of the University Act regarding affiliation of teacher training colleges and the conditions for grant and continuation of such affiliation by the University shall remain operative. However, the conditions that are prescribed by the University for grant and continuation will have to be in conformity with the norms and guidelines prescribed by the NCTE in respect of the matters entrusted to it under the NCTE Act. 2. Section 14(6) of the NCTE Act, 1993 does not mean that as soon as the order of recognition from the NCTE is produced before the University, it is bound to close its eyes and straightaway grant affiliation. It would only mean that normally affiliation should not be refused on the ground which are covered by Section 14(3) of the NCTE Act, as the Council has already satisfied itself that the institute meets these requirements. However, this would not be an absolute rule and the University can make a limited enquiry as to whether the institution has proper facilities, competent teaching staff, etc. in consonance with Section 14(3) of the NCTE Act. 3. No institution or college is entitled to admit students before the grant of affiliation by the University, and as observed by the learned Chief Justice in Loordhu Ammal Educational Trust’s case, that any college or institution admitting students for a degree in the University even before the University accords affiliation is really committing fraud on those students and is cheating those students who are given admission, because those students can be left in the lurch if ultimately affiliation is not granted. 4. The NCTE, pursuant to the queries made by this court, has placed on record a clarificatory note of the Regional Director of NCTE, dated 04.10.2007, and the same is reproduced below:-1. The NCTE has revised the regulations which came into effect from 13.01.2006. As per the new regulations, NOC from the concerned State Governments is not required to obtain by the institutions for submission of application to NCTE. On receipt of the application from the institutions, the SRC-NCTE will process the applications and a deficiency letters will be issued to the institutions for submission of essential documents required for further processing of application. On satisfactory submission of the essential documents by the institution, a copy of the application will be sent to the State Governments concerned by NCTE seeking recommendation. If the recommendation is negative, the State Government/UT Administration shall provide detailed reasons/grounds thereof, which could be taken into consideration by the Regional Committee concerned while deciding the application. If no communication is received from the State Government/UT Administration within the stipulated 60 days, it shall be presumed that the State Government/UT Administration concerned has no recommendation to make. However, the application will be processed and appropriate orders will be passed. 2. The institutions should commence the Course well within the academic Year specified by the concerned affiliating authority like Universities in cases of B.Ed. M.Ed., B.P.Ed., M.P.Ed., Courses and State Government for D.T.Ed., C.P.Ed., Pre-Primary etc. after obtaining Unconditional Recognition order from NCTE. 3. As per Section 16 of the NCTE Act, 1993, the affiliating body shall affiliate such institutions who have obtained Recognition from NCTE under Section 14 or 15 of the NCTE Act, 1993. Whereas, the University or affiliating authority will affiliate a institution for the academic year which is viable. If the academic year specified by the affiliating body has already started before the institution obtained the recognition order, the affiliating body will decide on the matter whether to affiliate the institution in the running academic year if possible or for the next academic Year. 4. Yes, the academic year of the NCTE means the academic year prescribed by the concerned affiliating University or affiliating body. 5. As per the previous regulations, the last date for submission of applications by the institutions was 31st December of every year for the ensuing academic session. After the regulations were revised with effect from 13.01.2006, the last date of application was waived off and the institutions can submit application to NCTE throughout the year and the Regional Committees will process the application throughout the year. During the time of previous regulation was in force, the institutions were granted recognition mentioning the academic year. After the new regulations came into force as the processing will be done throughout the year, the academic session will not be mentioned and the recognition order will come into force with effect from the date of issuance of the order for prospective effect. Further, it is to the institution to affiliate itself to the concerned affiliating authority for the academic session which is viable for offering the course. 5. From the above, it is clear that only the affiliating authority like the University has to specify the academic year which is viable. If the Academic Year specified by the NCTE has already started before the institution obtained the recognition order, the affiliating authority will have to decide whether to affiliate the institution in the running academic year or for the next academic year and the academic year of the course would mean the academic year as prescribed by the concerned affiliating University or affiliating body. It has been clarified by the Regional Director that as per the revised procedure, the institution can submit an application to the NCTE throughout the year and the Regional Committees will process the application throughout the year and the academic session will not be mentioned in the recognition order and it is for the concerned affiliating authority to decide the academic session which is viable for offering the course.
Issues: 1. Whether the University is bound to grant affiliation to a teacher training institution merely because the NCTE has granted recognition? 2. Whether the University can make a limited enquiry as to whether the institution has proper facilities, competent teaching staff, etc. in consonance with Section 14(3) of the NCTE Act? 3. Whether the University can refuse affiliation if the institution does not have the adequate facilities, qualified teaching staff, adequate financial resources, etc. or permission has been obtained by deception or fraudulent means?
Ratio Decidendi: 1. The University is not bound to grant affiliation to a teacher training institution merely because the NCTE has granted recognition. The University can make a limited enquiry as to whether the institution has proper facilities, competent teaching staff, etc. in consonance with Section 14(3) of the NCTE Act. 2. The University can refuse affiliation if the institution does not have the adequate facilities, qualified teaching staff, adequate financial resources, etc. or permission has been obtained by deception or fraudulent means.
Final Decision: Writ petition dismissed with costs.
Honourable The Chief Justice:
This case has been referred to the Full Bench as the Division Bench found that there is divergence of opinion and, particularly, the ratio of the Division Bench decision in The University of Madras vs. Loordhu Ammal Educational Trust and another, 2005 W.L.R 395 cannot be reconciled with the decision of the other Division Bench in Vinayaka Missions College of Nursing and Para-Medical Sciences v. The Tamil Nadu Nurses and Midwives Council, 2006 (4) CTC 162.
2. The challenge in the present petition is to the order of the second respondent Manonmaniam Sundaranar University, dated 08.8.2007, by which the University has granted provisional affiliation to Rukmani College of Education started by the petitioner Trust for running B.Ed. Course with an intake of 100 students for the academic year 2007-2008. The petitioner has questioned the order of the second respondent University on the ground that the petitioner is entitled for grant of affiliation for B.Ed. Course from the academic year 2006-2007. The claim is made on the basis that the National Council for Teacher Education (hereinafter will be referred to as the NCTE, for brevitys sake), which is the competent authority to grant permission to start educational colleges, has granted permission vide order dated 06.10.2006 to run the B.Ed Course for the academic year 2006-2007. The petitioner Trust made an application for affiliation to the second respondent University on 31.10.2006, enclosing the approval order granted by the NCTE. Anticipating the grant of affiliation the petitioner admitted students for the academic year 2006-07. As per the statutes of the second respondent University relating to affiliation and approval of colleges and autonomous colleges, the procedure for granting affiliation is explained in Statute 21, which inter-alia reads as follows:-
21. A College applying for affiliation or approval shall send a formal letter of application to the Registrar between the 1st July and 31st October proceeding the academic Year in which the courses are proposed to be started and shall give full information in the letter of application on the following matters:
a to j. .......... ".
Statute 30 makes it clear that the affiliation or approval shall not be retrospective in the following terms:-
30. Affiliation or approval shall in no case be granted with retrospective effect. Attendance at courses of instruction provided in colleges or in subjects before affiliation or approval is granted shall not qualify for the grant of certificates of attendance, and such attendance shall not entitled any candidate to exemption from the production of certificates of attendance."
By virtue of the aforesaid Statutes, since the petitioner Trust has applied for affiliation on 31.10.2006, it is entitled for grant of affiliation from the academic year 2007-2008 and, also due to the fact that the students admitted to the institution would not be in a position to complete the requisite number of term days, the second respondent granted provisional affiliation only from the academic year 2007-2008.
3. According to the petitioner, under the National Council for Teacher Education Act, 1993 (73 of 1993) (hereinafter, for brevitys sake, will be referred to as the NCTE Act), the authority contemplated therein viz., NCTE has granted its approval for the academic year 2006-2007 in its order, dated 06.10.2006 and, therefore, the University was bound to grant affiliation for the same academic year and further according to the petitioner, once the NCTE has granted approval, the grant of affiliation by the University is only a formality and the University ought to have granted affiliation from the year 2006-2007. In support of these submissions, reliance has been placed on the decision of the Division Bench in Vinayaka Missions College of Nursing and Para-Medical Sciences -vs- The Tamil Nadu Nurses and Midwives Council (supra), wherein, while referring to the provisions of the India
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