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2007 Supreme(All) 1421
[2007(5) ADJ 170]
ALLAHABAD HIGH COURT
BEFORE : ARUN TANDON, J.
DAU DAYAL MAHILA (P.G.) COLLEGE AND OTHERS Petitioners
Versus
STATE OF U.P. AND OTHERS —Respondents
(Civil Misc. Writ Petition NoS. 39124 of 2005, 21828 of 2005, 49356 of 2006, 51249 of 2006, 8260 of 2007, 10550 of 2007, 8236 of 2007, 8488 of 2007, 8489 of 2007, 58761 of 2007, 75096 of 2005, 49375 of 2006, 36691 of 2005 and 35780 of 2005, decided on 8th May, 2007)
Ranjit Saxena, Ashok Khare, Neeraj Tripathi, P.S. Baghel, J.P.N. Singh, Anurag Khanna, S.D. Shukla, D.C. Mishra, Yatindra, Anurag Jauhari for the Petitioners; Rajeev Joshi for N.C.T.E.; S.M.A. Kazmi, Advocate General, C.B. Yadav, C.S.C., K.S. Kushwaha, S.C. for the State.
Headnote:(A) National Council for Teachers Education Act, 1993—Section 14(4)—Recognition—Grant of—For starting B.Ed. Course in Institution—Petitions seeking relief of grant of “No Objection Certificate”/affiliation to Institutions by State Government for starting Two Years Basic Training Course—Whether National Council for Teachers Education has competence to grant recognition, for starting course for education of primary teachers to private Institutions, even if no objection certificate has not been obtained from State Government/Union Territory—Held, it is not necessary for petitioners-Institutions, as well as other Institutions, which has already been granted recognition for B.Ed. Course by N.C.T.E., to obtain “No Objection Certificate” from State of U.P., before they can move applications for grant of recognition for starting elementary education programme, including Basic Training Course—And, to that extent, recognition granted by N.C.T.E. under Section 14(4) of National Council for Teachers Education Act, 1993, to petitioners-Institutions, is in strict conformity with law—And, that all instrumentalities of State and its officers, are required to accept same, and to take all consequential actions. [Paras 24, 25 and 30]
(B) Recognition—Affiliation—To petitioners-Institutions for B.Ed. Course by State Government—Whether State Government or Subordinate Authorities (Examining Body) can refuse to grant affiliation to such Institutions, in respect of Primary Education Courses as a policy decision, once recognition for Course has been granted by N.C.T.E.—Held, no policy-decision of State Government can run contrary to statutory provisions of Act—Therefore, State Government/its Institutions, cannot refuse affiliation to petitioners-Institutions, which have been granted recognition for starting Basic Training Course by N.C.T.E. under Section 14(4) of National Council for Teachers Education Act, 1993—Such Institutions are legally entitled to affiliation by Examining Body. [Paras 24, 33 and 34]
(C) Recognition—Affiliation—To petitioners-Institutions for B.Ed. Course by State Government—Whether State Government, in facts of individual Institutions, can refuse affiliation, as an Examining Body, on certain norms/conditions, not being fulfilled by individual Institutions—Held, Court directed that State Council of Educational Research and Training, Lucknow, shall individually re-examine Institutions, which have been granted recognition by N.C.T.E. for Basic Training Course—And, in case certain requirements, as per norms/law of recognition, are still wanted, appropriate orders for removing deficiencies, be issued—In case, essential conditions are satisfied, State Council of Educational Research and Training, Lucknow, shall grant necessary affiliation to individual institutions concerned—Therefore, petitions allowed. [Paras 24, 41, 42 and 43]
Honble Arun Tandon, J.—This bunch of writ petitions has been filed basically for a writ in the nature of mandamus commanding the State of Uttar Pradesh to grant ‘No Objection Certificate/affiliation to the petitioners institution for starting Two Years Basic Training Course, as also for quashing the order of the State Government dated 6th September, 2004 and the orders issued in respect of individual institutions of various dates based on the said Government Order dated 6th September, 2004. The State Government has taken a decision that Two Years Basic Training Course shall be permitted to be run in Government institutions only and permission for the said course shall not be granted to any private institutions.
2. In all these writ petitions, petitioners are institutions, which have been granted recognition by the National Council for Teachers Education for starting B.Ed. Course. The said institutions are also affiliated to various State Universities situate in the State of Uttar Pradesh. The Universities are the examining bodies in respect of these private and unaided recognised degree colleges, where B.Ed. Course is being taught.
3. Since the basic facts, relevant for decision of the disputes qua the aforesaid writ petitions are more or less identical, and legal aspects involved are also identical. Writ Petitions are being decided by this common judgement. The facts recorded in Civil Misc. Writ Petition No. 39124 of 2005 are being stated for the purposes of present judgement treating the same to be the leading case.
4. Heard Sri Ranjit Saxena, Sri Ashok Khare, Senior Advocate assisted by Sri Neeraj Tripathi, Sri P.S. Baghel and Sri J.P.N. Singh, Sri Anurag Khanna, Sri S.D. Shukla, Sri D.C. Mishra, Sri Yatindra, Sri Anurag Jauhari, Advocates on behalf of petitioners, Sri Rajeev Joshi, Advocate on behalf of National Council for Teachers Education, Sri S.M.A. Kazmi, learned Advocate General, Sri C.B. Yadav, learned Chief Standing Counsel, Sri K.S. Kushwaha, learned Standing Counsel on behalf of State-respondents. The records have also been examined.
5. For planned and coordinated development of teacher education system throughout the country, the Parliament framed the National Council for Teachers Education Act, 1993 (hereinafter referred to as the “NCTE Act"). In accordance with the provisions of the aforesaid Act, Rules and Regulations framed thereunder, every institution imparting education for teacher’s training for primary, secondary and Higher education is entitled to run such course, only after it has received approval/recognition from the National Council for Teachers Education. The requirement of the infrastructure, faculty members along with minimum qualifications prescribed, and the intake permitted for such institutions, has been regulated under the provisions of the Act and Regulations framed thereunder.
6. The Country is committed to “Education for All”. The Government of India has launched the “Serva Shiksha Abhiyan and the State Government is committed under the constitution to ensure that primary education to the students upto age of 14 years is provided free. Such commitment to primary education cannot be fulfilled unless there are requisite number of trained qualified teachers available for the institution imparting education at that level.
7. At this stage reference may be had to the functions of National Council for Teachers Education, as contained in Chapter-Ill of the NCTE Act. It is the duty of the National Council for Teachers Education to take all steps, as it may think proper for ensuring the planned and coordinated development for determination and maintenance of norms and the standard in teacher education system. For the said purpose detail functions have been assigned to the National Council for Teachers Education.
8. In the State of Uttar Pradesh, there are 70 District Institutes of Education and Training (hereinafter referred to as the ‘DIET’) run by the State Government. Such District Institute
