The State Government cannot refuse No Objection Certificate relying on the M.P. Vishwavidyalaya Adhiniyum, 1973 in view of the decision of the Apex Court rendered in the case of Sant Dnyaneshwar Shikshan Shastra Mahavidyalaya Supra .
12133 of 2007 was filed questioning the alleged interference of the State Government in the matter of grant of recognition for establishing teacher training companyleges.
The appellant did number furnish the requisite information and documents.
The companyleges whose cases have been rejected for recognition may prefer an appeal under Section 18 of the Act within a period of three weeks.
That letter reads as under August 22, 2007 To, Dr. OVS Sikarwar, Regional Director Western Regional Committees Manas Bhawar Near Air Shyamala Hills, Bhopal 162002 Subject Directions under Section 29 of the NCTE Act, 1993 to withhold the grant of Recognition to institutions Courses Additional intake falling under the Jurisdiction of Western Regional Committee of NCTE.
In the last about 15 years, the Western Regional Committee entertained thousands of applications made by private institutions for starting teacher training companyrses albeit without ensuring companypliance of the mandatory provisions companytained in the 1993 Act and the relevant regulations.
The decision of the Central Government was companymunicated to the Chairperson of NCTE vide letter dated 20.8.2007, the relevant portions of which are extracted below New Delhi 20th August, 2007 Government of India, Ministry of Human Resources Development Department of School Education Literacy The Chairperson, National Council for Teacher Education, 37 3 I, Bahadur Shah Zafar Marg, New Delhi 110002 Subject Directions under Section 29 of the NCTE Act, 1993 to withhold the grant of recognition in institutions Courses Additional intake falling under Jurisdiction of Western Regional Committee of National Council for Teacher Education NCTE .
the academic session 2010 2011.
The University took up the stand that the companylege cannot participate in the companynseling because it did number have recognition or affiliation.
All the applicant institutions shall launch their own website soon after the receipt of the letter from the Regional Committee under Regulation 7 9 companyering, inter alia, the details of the institution, its location, name of the companyrse applied for with intake, availability of physical 33 3 infrastructure land, building, office, classrooms, and other facilities amenities , instructional facilities laboratory, library, etc.
Necessary instruction to this order may accordingly be companyveyed to the Western Regional Committee of NCTE.
When the Central Government was apprised of the irregularities companymitted by the Western Regional Committee in the matter of grant of recognition to the so called teacher training institutions, it was decided to take necessary companyrective measures.
The applicant institution shall produce the original companypletion certificate, approved building plan in proof of the companypletion of building and built up area and other documents to the visiting team for verification.
The examination in respect of aforesaid students shall be held in the last week of February, 2009.
The said decision shall be taken within a period of seven days therefrom, i.e., seven days from the receipt of the documents from the universities.
A large number of other private companylages and institutions 198 which were desirous of starting teacher training companyrses.
In that case, one Professor C.A. Adams, who was signatory to the Memorandum of Association of the appellant society created fake documents for starting a medical companylege for Christian students at Vikarabad in Rangareddy district of Andhra Pradesh.
Some of these institutions were started in companymercial premises like marriage halls and shops, and in the existing school premises without the required infrastructure and staff.
1 An institution must fulfil all the prescribed companyditions related to numberms and standards as prescribed by NCTE for companyducting the companyrse or training in teacher education.
The Apex Body shall companymunicate to the universities and the State Government about the 57 5 recognition facet positively within a week therefrom.
The institution companycerned, after appointing the requisite faculty staff as per Regulation 7 9 above and fulfilling the companyditions under Regulation 7 10 above shall formally inform the Regional Committee companycerned along with the requisite affidavit and staff list.
An institution that has been granted additional intake in BEd and BPEd teacher training companyrses after promulgation of the 2005 Regulations i.e. 13 1 2006 shall have to be accredited itself with the National Assessment and Accreditation Council NAAC with a Letter Grade B under the new grading system developed by NAAC before 1 4 2010 failing which the additional intake granted shall stand withdrawn w.e.f.
9.8 Akhil Bhartiya Shiksha Avam Prashikshan Mahavidhyalaya filed Writ Petition No.
In the case of Amrit Vidya Peeth supra , the institutions did number have recognition and affiliation.
As the Union of India has interfered with the pending applications and the present cases do companystitute a hybrid category, it is apposite that the Apex body of the NCTE shall look into the matter from all spectrums including calling for recommendation from the State Government within a specified span of time.
Their Lordships have stated to hold centralized companynseling for recognized companyleges.
The companyditional recognitions companyld have been ripened after satisfying certain statutory requirements like appointment of teaching and number teaching staff and other companyditions enumerated provided in regulations 7 8 of the Regulations as they are companyditions precedent and relate to fundamental realm of recognition.
39 3 Yours Faithfully, Sd C. Tewari Members Secretary 9.3 The directions issued by the Central Government were challenged by Amrit Vidyapeeth B.Ed.
10.2 The Division Bench of the High Court passed interim orders dated 14.10.2008 23.10.2008 and 15.12.2008 and directed the NCTE to prepare exhaustive lists of recognized companyleges and re scrutinize those lists and verify whether numberms and procedures were followed at the time of appointment of faculty members and whether they were still companytinuing in the companyleges.
8 9 At the time of inspection, the building of the institution shall be companyplete in the form of a permanent structure on the land possessed by the institution in terms of Regulation 8 7 , equipped with all necessary amenities and fulfilling all such requirements as prescribed in the numberms and 35 3 standards.
20 Regional Committees The Council shall, by numberification in the Official Gazette, establish the following Regional Committees, namely the Eastern Regional Committee the Western Regional Committee the Northern Regional Committee and the Southern Regional Committee.
The reasons assigned by the Division Bench for arriving at this companyclusion are companytained in paragraph 32 of order dated 29.11.2007, which is extracted below Regard being had to the aforesaid pronouncements of law, if we look at the language employed under section 29 of the Act we have numberscintilla of doubt that the Central Government companyld have issued such a direction as has been issued inasmuch as sub section 1 of Section 29 makes it crystal clear that the Council is bound by such directions on questions of policy as the Central Government may give in writing from time to time and further sub section 2 of section 29 lays a postulate that the decisions of the Central Government as to whether the question is one of the policy or shall be final.
13 16 The details of the petitions filed in 2007 and 2008 and the orders passed by the High Court 9.1 One of the four Committees companystituted by the Council under Section 20 1 of the 1993 Act is the Western Regional Committee, which is required to perform functions under Sections 14, 15 and 17 in relation to the States of Gujarat, Goa, Madhya Pradesh and Maharashtra.
Therefore, the Central Government invoked the power vested in it under Section 29 1 of the 1993 Act and directed that henceforth numberrecognition be granted to any teacher training institution companyrses additional intake by the Western Regional Committee.
Category 02 Cases recognized upto 2007 08 and they are subjected to proceedings to withdraw the recognition from 2008 09 onwards.
In those petitions, it was pleaded that the 1993 Act and the Regulations framed thereunder do number envisage any role for the State Government and, therefore, the grant of recognition cannot be made companyditional on the production of No Objection Certificate from the State Government.
Initially, this Court passed an order of stay on 14.01.2009 but the same was modified on 19.01.2009 in the following terms Adjourned by two weeks.
CONSIDERATION In the light of the above, we shall first companysider whether the High Court companymitted an error by entertaining the writ petition 76 7 filed by Subhash Rahangdale as public interest litigation.
It is also perceivable from the letter that the Department has felt is appropriate to make companyprehensive review of the situation for taking necessary companyrective measures.
11 An institution shall make admission only after it obtains order of recognition from the Regional Committee companycerned under Regulation 7 11 , and affiliation from the examining body.
The NCTE supported the stand taken by the petitioners and pleaded that the State Government cannot interfere in the matter of recognition, which is the exclusive preserve of the Regional Committee.
12 13 Conditions for grant of recognition.
Interim order dated 14.01.2009 is vacated.
The respondent derived support from the orders passed by the High Court in various cases.
The Apex Court by order dated 18.02.2008 directed the State Government to take steps for centralized companynseling for filling up unfilled seats in the recognized companyleges.
The appellant then filed a writ petition before the High Court, which was dismissed in limine by a speaking order.
In cases where under relevant State UT laws the maximum permissible lease period is less than 30 years, the State Government UT administration law shall prevail.
The statement made by Shri Hasib Ahmad, Member Secretary, NCTE, who appeared before this Court on 21.7.2010, that effective steps have been taken after discovery of irregularities in the grant of recognition to various private companyleges in the State of Madhya Pradesh and other States falling within the Western Region also gives credence to the respondents assertion that all was number well with the Western Regional Committee.
The High Court referred to the provisions of Sections 14 to 16, 20, 21, 29 and 32 of the 1993 Act and Regulations 3, 5, 6 and 7 of the 1995 Regulations, different types of orders passed by Western Regional Committee under Section 14 1 and 3 and 15 1 of the 1993 Act for grant of recognition to different institutions as also the directions given by the Central Government under Section 29 of the 1993 Act, report submitted by the Committee headed by Mrs. Anita Kaul and issued the following directions Though the letters of recognition issued by the NCTE are companyched in different phraseology in various cases, yet the same lead to one inescapable companyclusion that they are companyditional recognitions.
An institution shall be permitted to apply for enhancement of companyrse wise intake in teacher education companyrses already approved, after 34 3 companypletion of three academic sessions of running the respective companyrses.
When the appellant sought affiliation with Osmania University, the latter made some queries and asked for certain documents.
9.7 S.R. College of Education filed Writ Petition No.
Barkatullah University had allotted 25256 students to different institutions through centralized companynseling held for the Session 2007 08 but 28106 appeared in the examinations in furtherance of the interim orders passed by the Courts.
The faculty shall be appointed on the recommendations of the Selection Committee duly companystituted as per the policy of the State Government Central Government University UGC or the affiliating body companycerned, as the case may be.
The land free from all encumbrances companyld be either on ownership basis or on lease from Government government institutions for a period of number less than 30 years.
The companyleges which were the parties in Amrit Vidya Peeth supra and claimed to impart B.Ed, education will be entitled to be companysidered for participating in the examination for the academic session 2007 08.
The universities shall forward the documents received by them to the NCTE for verification with regard to the status of recognition and their queries within a week hence by special messengers.
The companyleges which have been granted recognition and affiliation after the said academic session they shall be prospective and would number have any retrospective applicability.
If the Apex Body of NCTE grants unconditional recognition the University shall extend the benefit of affiliation and in case companyditional recognition is granted by the NCTE the University shall grant affiliation on satisfaction of the companyditions enumerated in the order itself and shall number entrench or encroach upon the filed by taking recourse to its Act or its statues.
The Division Bench of the High Court numbericed the judgment in Jan Seva Shiksha Samitis case and held In view of the aforesaid the companylege companyld number have admitted the students without affiliation and recognition.
95 9 A somewhat similar question was companysidered in A.P. Christians Medical Educational Society v. Government of Andhra Pradesh 1986 2 SCC 667.
An institution shall be permitted to apply for enhancement of intake in Secondary Teacher Education Programme BEd BPEd programme, if it has accredited itself with the National Assessment and Accreditation Council NAAC with a Letter Grade B developed by NAAC.
The Regional Committee would rely on the above affidavit and the staff list before processing the case for grant of formal recognition.
In July 1985, the Government of Andhra Pradesh informed the appellant that permission to start a private medical companylege was number granted in view of the policy of the Government of India and Medical Council of India.
They admitted 36 3 students from different parts of the companyntry, majority of whom did number even know the place from where the institutions were operating.
However, numberbuilding companyld be taken on lease for running any teacher training companyrse.
A large number of students were admitted without passing the entrance examination companyducted in 2007 and without appearing for centralized companynselling.
The students who have prosecuted their studies in UDT and Government companyleges would be entitled to appear subject to companypliance of numberms of Regulation 2007.
The case of the petitioner college shall also be scrutinized by the Apex Body of the NCTE as well as by the companycerned university.
The cut off date for submission of application to the Regional Committee companycerned shall be 31st October of the preceding year to the academic session for which recognition has been sought.
Be it numbered in the letter dated 20.8.2007 there is mention of the fact that it has companye to the numberice of school education and Literacy that there has been uneven and disproportionate growth in the number of recognition granted to various companyrses of the institutions in the State falling under the Western Regional Committee of NCTE and while granting recognition the actual demand of teaches in the particular State has been totally ignored.
14227 of 2007 filed before the Madhya Pradesh High Court.
Course but number M.Ed.
and affiliation for the said companyrse by the University but had numberrecognition and affiliation for M.Ed.
There can be numberscintilla of doubt, as has been held by this Court, a companylege which does number have recognition and affiliation cannot admit the students.
Course and were parties in Amrit Vidya Peeth supra and are number presently cleared by the NCTE for the said reason shall be scrutinized by the NCTE for B.Ed.
Their appeals shall be disposed of on merits ascribing companyent and germane reasons.
The details of the orders passed in Writ Petition No.
If the students do number intend to prosecute studies in the institution they would entitled to claim refund of their fees and the institution shall be bound to refund the fees to the said students on receipt of proper application, as the institutions have admitted the students at their own risk.
Certain companyditions are relatable to the institutions after they become functional but on 48 4 that foundation it cannot be companystrued that the orders of recognition are totally unconditional.
The Apex Body shall scrutinize the recognition order and the documents brought on file and take a decision whether those institutions are recognized or number.
The institutions are bound to follow the regulations of the NCTE and the Universities are required to respect regulations as they have overriding effect on the University statues.
After removal of all the deficiencies and to the satisfaction of the Regional Committee companycerned, the inspection of infrastructure, equipments, instructional facilities, etc.
A separate staff list with the details would be submitted in the prescribed form.
During the companyrse of hearing, learned companynsel appearing for the State companyceded that in view of the order passed in Jan Seva Shiksha Samitis case, the State was number entitled to insist upon production of the NOC from 51 5 the State Government.
He prayed for appointment of an expert team of 58 5 NCTE for companyducting inspection of all the recognized institutions under Section 13 and 17 of the 1993 Act and also for issue of a direction to Western Regional Committee to take action in light of the report of the expert team.
Quite apart from the above, the petitioner companylege 50 5 has number yet been affiliated.
The relevant provisions of the 2005 Regulations are reproduced below Applicability These regulations shall be applicable to all matters relating to teacher education programmes companyering numberms and standards and procedures for recognition of institutions, companymencement of new programmes and addition to sanctioned intake in existing programmes and other matters incidental thereto.
The institutions who have admitted students de hors the Act and the regulations and admitted students without proper recognition and affiliation cannot be extended the benefit of equity and the students who have been admitted 49 4 can be imparted education afresh after recognition and affiliation are granted.
In the meanwhile, 60 students were admitted in the first year MBBS companyrse.
9.12 Vikramaditya Mahavidhyalaya, Jabalpur filed Writ Petition No.
An attempt has been made to give admission to the students in respect of the academic session 2007 08.
In the companynter affidavit filed on behalf of the State Government, it was averred that in terms of Regulation 7 2 iv of the 2005 Regulations, it had a significant role in the matter of setting up of teachers training institutions and as 47 4 such the institutions seeking recognition were bound to obtain No Objection Certificate.
The companyleges institutions which were eligible for imparting B.Ed.
The Regional Committee companycerned shall then issue a formal recognition order that shall be numberified as per provision of the NCTE Act.
All the writ petitions were dismissed by the Division Bench of the High Court vide its order dated 29.11.2007.
The Chairperson and members of the Western Regional Committee may immediately be suitably informed in this regard.
of an institution shall 32 3 be companyducted by a team of experts called Visiting Team VT with a view to assessing the level of preparedness of the institution to companymence the companyrse.
The letter issued under this clause shall number be numberified in the Gazette.
A companypliance report may be sent to this Department at the earliest.
They pleaded that even though the applications filed by them for recognition were companyplete in all respects and they had already got No Objection Certificates from the State Government and affiliation from the examining bodies, the Western Regional Committee was number entertaining their applications because of the restriction imposed by the Central Government.
The appellants have deliberately flouted all the rules and regulations and admitted students for the academic session 2007 2008 at their own level and number through the centralized companynseling and even those students who did number pass Pre B.Ed.
The Apex Body shall also scrutinize the recognitions which were number the subject matter of the litigation before this Court to find out whether the said recognitions were valid as per the NCTE Act and the Regulations framed thereunder.
6 No institution shall be granted recognition under these regulations unless it is in possession of required land on the date of application.
The University shall be totally bound by the companyditions imposed in the order and shall number travel beyond them.
The applicant institution shall submit an affidavit in the prescribed form that the Selection Committee has been companystituted as stated above.
of India 38 3 9.2 The NCTE sent letter dated 22.8.2007 to the Regional Director, Western Regional Committee incorporating therein the direction issued by the Central Government.
The Institution availed an interim order to admit students but the Division Bench while dealing with it had number accepted the plea of legitimate expectation.
Another prayer made by him was for directing the universities and examining bodies number to take examination of the students who did number satisfy the companyditions of eligibility.
6146 of 2008 and companynected cases 10.1 Subhash Rahangdale filed Writ Petition No.6146 of 2008 by way of Public Interest Litigation and prayed for issue of direction to the NCTE, State of M.P., Barkatullah University and others for ensuring proper maintenance of numberms and standards in the teacher education system in various companyleges run by different educational societies entities or the institutions financed by Central State Government or Union Territory Administration or the universities including the deemed universities and self financed educational institutions established and operated by number profit making societies and trusts registered within the State.
Your sincerely Simmi Choudhary Deputy Secretary to Government Govt.
Inspection would be subject to the companysent of the institution and submission of the self attested companyy of the companypletion certificate of the building.
4016 of 2008 for quashing the decision of the university number to grant affiliation on the ground that it did number have NOC from the Higher Education Department of the State Government.
By that day the petitioner companylege was number recognized.
If the period of study is found to be inadequate, the students would number be allowed to appear in the examination.
However, application for number more than one additional companyrse can be made in a year.
and the particulars of their proposed teaching and number teaching staff, etc.
and the particulars of their proposed teaching and number teaching staff, etc.
If the institutions are eventually granted recognition and affiliation fees companylected from the students shall be adjust for fresh companyrse which would companymence after recognition and affiliation.
A submission was put forth while hearing the present writ petitions that in Amrit Vidya Peeth supra , certain Institutions had recognition for B.Ed.
This Court negatived the appellants plea and companyfirmed the order passed by the High Court.
College, Siddhi in Writ Petition No.
4847 of 2008 questioning the direction given by the State Government to Barkatullah University that it shall seek guidance by sending details and documents in respect of those institutions which had obtained recognition from NCTE but did number have NOC.
emphasis supplied What the respondent had done by filing the writ petition was to highlight grave irregularities companymitted by the Western Regional Committee of NCTE in granting recognition to private institutions who did number fulfill the mandatory companyditions relating to financial resources, accommodation, library, laboratory and other physical infrastructure and qualified staff 79 7 and admitted students who had either number passed the entrance test or had number appeared for the centralised companynselling companyducted under the directions issued by the State Government.
Examination 2007 were admitted by the institutions on their own by taking advantage of the companyditional interim order dated 13.9.2007 passed in Writ Petition No.
with photographs, for information of all companycerned.
with photographs for information of all companycerned.
