Back
2009 Supreme(P&H) 1500
PUNJAB & HARYANA HIGH COURT
Permod Kohli, J.
Manav Kalyan Shiksha Samiti
Versus
National Council For Teacher Education Through Its Chairman
CWP No. 12323 of 2009,
Decided On : AUGUST 26, 2009
The withdrawal of recognition must be based on actual facts and should not be influenced by extraneous considerations.
Headnote:
NCTE - Recognition of Educational Courses - NCTE Act, 1993, Regulations - [Act of NCTE, 1993, Regulations and guidelines of NCTE] - The court discussed the deficiencies in the infrastructure of the college and the withdrawal of recognition for D.Ed. and B.Ed. courses. It highlighted the discrepancies in the building plan, non-existence of a multipurpose hall, and other deficiencies. The court emphasized that the withdrawal of recognition was not based on actual facts and was influenced by extraneous considerations.
Fact of the Case:
The petitioner, a registered society, applied for recognition to run educational courses. The recognition for D.Ed. and B.Ed. courses was granted but was later withdrawn based on deficiencies in the infrastructure. The petitioner challenged the withdrawal of recognition in court.
Finding of the Court:
The court found that the withdrawal of recognition was not based on actual facts and appeared to be influenced by extraneous considerations. It directed the authorities to re-consider the matter and allocate students to the petitioner-college for the academic session 2009-2010.
Issues: Withdrawal of recognition for educational courses, deficiencies in infrastructure, extraneous considerations influencing the decision.
Ratio Decidendi: The withdrawal of recognition must be based on actual facts and should not be influenced by extraneous considerations.
Final Decision: The petition is allowed, the impugned order is quashed, and the authorities are directed to re-consider the matter and allocate students to the petitioner-college for the academic session 2009-2010.
Permod Kohli, J.
1. I have heard the learned counsel for the parties at length.
2. The petitioner is a registered society engaged in imparting D.Ed. and B.Ed. courses in its College established in the name of IPJ College of Education, District Rohtak. The Society applied for grant of recognition to run D.Ed. and B.Ed. Courses. Respondent No. 2 conducted the site inspection and on the basis of the report of the Visiting Team, granted recognition for running the above said two courses for the session 2007-2008. Since then, the college was running the aforesaid courses in the premises duly approved by the NCTE. In the year 2009, the petitioner again applied for starting M.Ed. course and for its recognition. Respondent No. 2 deputed a team for inspection for running the M.Ed. course and on the basis of the inspection report, declined the commencement of the new course of M.Ed. Aggrieved of the refusal, the petitioner has preferred appeal before the NCTE at New Delhi on 04.08.2009 which is under consideration of the Appellate Authority.
3. In the meantime, while the aforesaid matter was pending, the petitioner received a Show Cause Notice dated 25.05.2009 (Annexure P-5) communicating as many as ten deficiencies asking the petitioner to make representation to Show Cause why their recognition for D.Ed. and B.Ed. courses is not withdrawn.
4. The petitioner replied to the aforesaid notice vide its two replies, Annexures P-4 and P-5. It was, inter alia, pleaded by the petitioner that respondent No. 2 had inspected the infrastructure etc. at the time of grant of recognition for D.Ed. and B.Ed. courses in the year 2007-2008 and there were no deficiencies. The petitioner also pleaded that the land has been purchased and the building has been constructed in the name of the society and if it is required to be transferred in the name of the College, 90 days period for transfer of the land in the name of college, be granted. It may also be noticed here that the petitioner also informed respondent No. 2 that the Visiting Team had asked for illegal gratification. The petitioner received order a dated 26/28.07.2009 (Annexure P-8) whereby the recognition granted to the petitioner-society for D.Ed. and B.Ed. courses for the academic Session 2009-2010 has been withdrawn in 145th meeting of NRC held on 26th to 28th July, 2009. While withdrawing the recognition following infirmities/deficiencies have been petitioner society :
"DECISION OF NRC :
The original file of the Institution, along with other related documents, Act of NCTE, 1993, Regulations and guidelines of NCTE published from time to time were considered by the Committee and the committee observes the following :
* The building map submitted along with the reply to the show cause notice does not tally with the building maps submitted along with the application of D.Ed. and B.Ed. respectively.
* The dimensions of different rooms mentioned by VT members do not tally with any building plan.
* Multipurpose Hall does not exist.
* CLU is not submitted.
* The building completion certificate is not issued to competent authority.
* Bill submitted for purchase of computers does not tally with the information, regarding computers given in the reply to the Show Cause Notice."
5. In order to meet the aforesaid deficiencies, the petitioner pleaded as under :
1. That the plan accompanying the application of at the time of grant of recognition letter of intent was only a proposed plan of the College and the actual building plan has been furnished along with the Show Cause Notice. There are minor alterations.
2. The Visiting Team did not inspect the building where D.Ed. and B.Ed. courses are being carried out and the inspection was only in respect to building proposed for M.Ed. course. Thus, the deficiency could not have been noticed by the Visiting Team.
3. The Multi Purpose Hall is existing in the building where D.Ed. and B.Ed. courses are being carried out, but the Visiting Team di not visit the sa
