2012 Supreme(All) 2714
ALLAHABAD HIGH COURT
BEFORE : DILIP GUPTA, J.
SHASHI KUMAR DWIVEDI AND OTHERS ....Petitioners
Versus
STATE OF U.P. AND OTHERS ....Respondents
(Civil Misc. Writ Petition Nos. 57527 of 2010 and 493 of 2012, decided on 11th October, 2012)
Counsel :
Gautam Baghel, G.K. Singh, P.S. Baghel and V.K. Singh for the Petitioners; C.S.C. and R.C. Tiwari for the Respondents.
Headnote:National Council for Teacher Education Act, 1993—Sections 15, 14, 16, 2(d), (e), (i), (l), (m), (n) and 32—University Grants Commission Act, 1956—Sections 3 and 22(3)—U.P. State Universities Act, 1973—Section 37(8)—National Council for Teacher Education Regulations, 2007—Regulation 4 and 8—BTC Course—Validity of—Affiliation to examination body—Seeking recognition for appointment as a Assistant Teacher—Deemed University inviting applications from candidate for admission to BTC two years course—Whether an institution, a deemed university—Which has been granted permission under Section 15(3) of NCTE Act to conduct two years BTC Course—Is required to seek affiliation from examining body—Before it can start said course and make admission—Right of conferring/granting degree can only be exercised by a university/institution deemed to be a University—And only such degrees can be conferred/granted—Which have been specified by UGC in notification issued in official Gazette—Inspite of permission granted by Northern Regional Committee of NCTE—No steps taken for getting affiliation from 'examining body' for starting two years BTC Course—Only such degrees, as specified by UGC, can be conferred/granted by a deemed institution—Deemed University is not 'examining body' of two years BTC Certificate—Mere grant of permission by Committee of NCTE to start two years BTC Course under Section 15(3) of NCTE Act is not enough—It is obligatory for a deemed University to seek affiliation from Examination Regulatory Authority before starting BTC Course—Hence, BTC Course not valid. [Paras 11, 15, 23, 32, 33, 37 and 38]
Hon’ble Dilip Gupta, J.—Writ Petition No. 57527 of 2010, has been filed by some of the candidates who were admitted to the two years Basic Teachers Certificate (hereinafter referred to as ‘BTC’) Course in the Academic Session 2008-09 in the Nehru Gram Bharti University, which is a deemed University, for quashing the order dated 14th July, 2010 passed by the Director of the State Council of Educational Research and Training (hereinafter referred to as ‘SCERT’) and for a direction upon the SCERT to recognize the BTC Course and the certificates awarded by the deemed University.
Writ Petition No. 493 of 2012 has been filed by some of the candidates who had been granted admission by the deemed University to the BTC Course in the next Academic Session 2009-10 and the relief claimed in this petition is also for a direction upon the respondents to recognize the BTC Certificate awarded by the deemed University so that the petitioners can be considered eligible for appointment as Assistant Teachers in the Junior Basic Schools.
2. Nehru Gram Bharti, a Society registered under the provisions of the Societies Registration Act, 1860, established the Rajiv Gandhi Post Graduate College at Kotwa, Jamunipur, Allahabad (hereinafter referred to as the ‘Post Graduate College’). The Post Graduate College was granted affiliation by the Chhatrapati Shahu Ji Maharaj, University, Kanpur (hereinafter referred to as the ‘Kanpur University’) under the provisions of the U.P. State Universities Act, 1973.
3. The Post Graduate College was conducting a number of Graduate and Post Graduate Courses including the B.Ed. Course. It also sought permission from the Northern Regional Committee of the National Council for Teacher Education (hereinafter referred to as ‘NCTE’) for starting the two years BTC Course under the provisions of the National Council for Teacher Education Act, 1993 (hereinafter referred to as the ‘NCTE Act’) and the Northern Regional Committee of the NCTE by its letter dated 16th August, 2005 granted permission to the Post Graduate College under Section 15(3) of the NCTE Act to start the new two years BTC Course subject to the terms and conditions contained in the letter. However, steps for starting the BTC Course were not taken by the Post Graduate College.
4. On 2nd June, 2007, the Post Graduate College sent a proposal to the University Grants Commission to declare it as a deemed University under Section 3 of the University Grants Commission Act, 1956 (hereinafter referred to as the ‘UGC Act’) and by the notification dated 27th June, 2008, the Central Government declared the Post Graduate College as Nehru Gram Bharti deemed University for a period of three years from the date the Kanpur University disaffiliated the Post Graduate College. The State Government by the order dated 17th November, 2008 granted permission for disaffiliation of the Post Graduate College under Section 37(8) of the U.P. State Universities Act. The deemed University then made a request to the Northern Regional Committee of the NCTE for changing the name in the permission earlier granted on 16th August, 2005 and the Northern Regional Committee of the NCTE in its 134th Meeting granted such permission for change in name of the Post Graduate College to that of Nehru Gram Bharti University and intimated its decision to the deemed University by the letter dated 2nd December, 2008.
5. An advertisement was also issued by the deemed University inviting applications from candidates for admission to the BTC two years course for the Academic Session 2008-09 and similar advertisement was issued for the subsequent Academic Session 2009-10. The petitioners are such candidates who were given admissions in the two years BTC Course in the deemed University in the Academic Sessions 2008-09 and 2009-10 and have completed the two years BTC course.
6. The deemed University sent a communication dated 23rd February, 2010 to the SCERT stating therein that after declaration as a deemed Un