Back
IN THE HIGH COURT OF ALLAHABAD
JASPREET SINGH, J.
C/m Jai Maa Gange Manav Kalyan Sanstha Thru.Mng. & Ors. - Appellants
Versus
State Of U.P. Thru. Prin. Secy. Higher Education Lko. & Ors. - Respondent
Misc. Single No.22635, 19490 of 2021
Decided on : 02-12-2021
Constitution of India, 1950 - Article 226 - U.P. State Universities Act, 1973 - Sections 37(11), 12, 14 - Grant of recognition/affiliation - Inspection of college - Recognition of institutions offering course or training in teacher education - Whether respondent No.3 University was justified in refusing affiliation to the petitioners - Whether petitioners should be relegated to forum of appeal in terms of Section 37(11) of the Act of 1973 - petitioners that the respondent No.3-University did not respond to the representation of petitioners, despite passage of four months - It is only the University uploaded a letter on the login-I.D. of petitioner-College stating that an inspection team has been constituted by the University, of which petitioner is aware, and the petitioner has to get an inspection conducted in order to get the affiliation extended.
Finding of the Court :
It will be relevant to notice powers exercised by the N.C.T.E., and State University respectively relating to the grant of recognition and affiliation to a college - Preamble indicates that the said Act was to provide for establishment of a National Council for Teacher Education with a view to achieve planned and co-ordinated development of teacher education system throughout country. Regulation and proper maintenance of norms and standards in teacher education system including qualification of school teachers and for matters connected therewith were within framework of Act of 1993. The Act envisages establishment of a council tasked with a duty to take all measures for ensuring planned and coordinated development of teacher education and for determination and maintenance of standards for teacher education and purpose for performing its function under Act - Once having noticed manner in which recognition and affiliation is to be treated by respective authorities, if this Court considers impugned order refusing affiliation, it would indicate that upon recommendation of Inspecting Team which noticed 16 deficiencies during inspection, it did not find favour in granting affiliation to petitioners - Once documents were available with the Affiliating Body and if at any point of time, the Affiliating Body had any doubt it could have called upon petitioner- institution to explain, before taking a decision to refuse extension of affiliation, if it proposed refusal on such grounds which otherwise were verified and within domain of N.C.T.E - Court provides that respondent no.3 shall constitute a fresh team (of new members not part of earlier inspection) to inspect college after putting college to notice within a period of 10 days from date of this order. Thereafter, in light of a fresh report (and also providing an opportunity to petitioner to clarify any point in case if Inspecting Team so constituted has any doubt)
Result: Writ Petition allowed and MISC. SINGLE Writ Petition disposed of.
JUDGMENT :
BACKGROUND FACTS:
1. The petitioner No.1 is the Committee of Management Jai Maa Gange Manav Kalyan Sansthan, Derwa Bazar, District Pratapgarh a society registered under the Societies Registration Act, 1860.
2. The Society as mentioned aforesaid runs a college in the name of Pt. Shiv Sharan College of Education, Derwa Bazar, District Pratapgarh (hereinafter referred to as "the college"), who is the petitioner No.3 and the petitioner No.2 is the Manager of the aforesaid college.
3. In the year 2017, the college was duly recognized by the National Council of Teacher Education (hereinafter referred to as "N.C.T.E." for short) for the course of Bachelor of Education (B.Ed.) and got approval of one unit (50) students annually.
4. After grant of recognition by the N.C.T.E., the college applied for the affiliation from the respondent No.3 University. The University after making due inspection and finding that the college complied with the requisite norms granted the affiliation on 20.05.2018 for the course of Bachelor of Education (B.Ed.) under the faculty of education for a period of two academic years (2018-2019 and 2019-2020).
5. Since, the petitioners were granted the affiliation for two academic sessions which was drawing to an end in the academic session 2019-20, hence, the petitioners again applied for the affiliation for the academic session 2020-21. The University did not conduct any physical inspection and extended the affiliation for another year vide order dated 18.02.2021 for the academic session 2020-2021.
6. Since, COVID-19 Pandemic was raging in the country, accordingly, the petitioners on 15.03.2021 sent a detailed representation to the respondent No.3 University received by them on 26.03.2021 and requested for further extension of the affiliation for the academic session 2021-2022.
7. It is the case of the petitioners that the respondent No.3-University did not respond to the representation of the petitioners dated 26.03.2021, despite passage of four months. It is only on 24.07.2021, the University uploaded a letter on the login-I.D. of the petitioner-College stating that an inspection team has been constituted by the University, of which the petitioner is aware, and the petitioner has to get an inspection conducted in order to get the affiliation extended.
8. It is further stated that the petitioners contacted the University but as per the petitioner, no inspection team had been constituted and for the aforesaid reason it could not even deposit the fee for the inspection. Not receiving any categoric reply from the University, the petitioner once again on 28.07.2021 submitted a representation along with an affidavit indicating that the inspection of the college was already made in the year 2019 and every requisite norm was fulfilled. However, certain minor shortcomings such as lack of doors, windows and skylights were noticed, which could not be completed on account of suspension of classes on account of COVID-19 Pandemic. However, the petitioner was ready to get the same affixed within shortest possible time and in contemplation thereof it requested that the affiliation be extended for the academic session 2021-2022.
9. Despite the aforesaid representation dated 28.07.2021, no response was forthcoming from the University. In the meantime, on 28.08.2021, a letter was issued by the respondent No.3 University requiring the college to submit their profile in the prescribed format for the purposes of preparing the counseling schedule which was scheduled to be held by the Lucknow University.
10. In furtherance of the letter dated 28.08.2021, the petitioner submitted all the relevant documents seeking participation in the counseling for the Session 2021-2022 and the hard copies of the said documents were also submitted with the respondent No.3-University on 29.08.2021.
11. It is a specific case of the petitioner that between 24.07.2021 to 29.08.2021, 26 notices/letters raising various concerns were uploaded on the College I
The purpose of “recognition” and “affiliation” is different. In the context of the N.C.T.E. Act, “affiliation” enables and permits an institution to send its students to participate in the public exa....
Point of Law : State actions are required to be non-arbitrary and justified on the touchstone of Article 14 of the Constitution. Action of the State or its instrumentality must be in conformity with ....
Procedural compliance in educational affiliations is critical; failure to follow mandatory guidelines leads to nullification of approval for new colleges.
The NCTE Act grants exclusive authority to the NCTE for recognition and de-recognition of educational institutions, limiting the State's role to a formal approval process.
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
