The requirement of a lease from 'Government' or 'Government Institutions' under Regulation 8(4) was arbitrary and needed to be read down to consider a registered lease for more than thirty years as an adequate compliance under the NCTE Act.

JUDGMENT :

PANKAJ BHATIA, J.

1. Heard the counsel for the petitioner and Sri O.P.M. Tripathi, the counsel for the respondents.

2. The present petition has been filed challenging the order dated 15.02.2018 whereby the request of the petitioner for granting recognition of conducting D.El.Ed. Course was rejected solely on the ground that the petitioner does not have the land as prescribed in the Regulations of 2014 as well as the appellate order whereby the appeal preferred has been dismissed on 13.8.2018.

3. The facts in brief are that the petitioner is a society which has established an educational institution to the girls student in the name and style of Dr. Rajendra Prasad Memorial College, Rajajipuram, Lucknow and is approved for imparting B.A., B.Sc., B.Com. and B.Ed. Degree Courses. It is stated that on 31.10.2009, the petitioner's college has applied for grant of recognition before the National Council for Teachers Education (N.C.T.E.) the respondent no. 3, for imparting D.El.Ed. Course in the prescribed format in terms of the mandate of Section 14 and 15 of the NCTE Act, 1993. On the said application, the respondent no. 3 found the same to be short of requirements and the same did not find favour with the respondent authorities, thereafter an appeal preferred by the petitioner was also rejected on 27.09.2010. The petitioner challenged the said two orders by filing a Writ Petition No. 6995 (MS) of 2012, which was allowed and the matter was remanded vide judgment dated 18.07.2013 (Annexure No. 5).

4. It is stated that subsequent to the remand, the respondents considered the application of the petitioner and granted recognition for running the D.El.Ed. Course for the academic session 2016-17, the petitioner claims that the petitioner also got the sanction for affiliation from the State Government. It is stated that all of a sudden vide order dated 15.02.2018, the petitioner was informed that the application for recognition has been rejected in exercise of the powers under section 14/15(3)(b) of the NCTE Act 1993 read with the regulations framed thereunder. The petitioner preferred an appeal against the said order, which too has been dismissed. Both the said orders are under challenge.

5. The contention of the counsel for the petitioner is that the sole reason disclosed in the order rejecting recognition is that the petitioner do not have the lease land as required in terms of the regulations.

6. The counsel for the respondent justify the order of cancellation on the requirement as is prescribed under section 8(4) of the Regulations 2014 and argues that the petitioner does not have the lease land given by the Government and thus, his case was rightly rejected.

7. The counsel for the petitioner has annexed a copy of the registered lease deed executed in his favour for a period of ninety years w.e.f. 06.01.1998. The said lease deed, on its perusal reveals that there is no forfeiture clause contained in the covenant.

8. To appreciate the controversy at hand, it is essential to look into the mandatory provision of the NCTE Act, which itself was framed for establishing and promoting Teacher Education System in the whole of the country, recognizing the need for teachers and the manner in which the said object can be achieved. Section 3 of the Act provides for Establishment of the Council comprising of the members specified therein and Chapter III of the said Act provides for the functions of the Council. Section 14 and 15 of the NCTE Act, which are relevant for the present case are quoted herein-below:

“Section 14 - Recognition of Institutions Offering Course or Training in Teacher Education:

(1) Every institution offering or intending to offer a course or training in teacher education on or after the appointed day, may, for grant of recognition under this Act, make an application to the Regional Committee concerned in such form and in such manner as may be determined by regulations:

Provided that an institution offering a course or training