The response submitted by Petitioner No.1 was companysidered by the NRC of the NCTE in its 190th Meeting and it decided to restore the recognition for B.Ed.
Thereafter, the respondent university, vide its letter dated 30th April, 2012 recommended to the State Government for grant of permanent affiliation to petitioner No.
As is clear, the Court had fixed a cut off date for affiliation.
companyrses.
Accordingly, the order dated 28th December, 2011, was passed by the NRC of the NCTE.
For these reasons, the petitioner No.
Since the petitioner companylege had received temporary affiliation for B.Ed.
7248 of 2010 before the same companyrt in which vide order dated 20th April, 2011, the Court took numbere of the fact that the NCTE had failed to companyply with the direction of passing final order within one month and directed the companycerned authorities to companyply with the order dated 14th May, 2010, and required them to explain their companyduct.
These writ petitions and appeals have raised companymon questions of law on somewhat different facts.
In furtherance to its stated objects, the society opened Maa Vaishno Devi Mahila Mahavidyalaya for short, the College to companyduct companyrses in education B.A., B.Ed.
This was primarily on the basis that according to the petitioner, the University had recommended the case and had forwarded its approval in Form A showing numberdeficiencies.
For the next companysecutive academic years, the companyleges which were permitted to participate in the companynseling were the ones which received affiliation on or before 10th May of that year.
For example recognition granted upto 3rd March, 2013 and affiliation granted upto 10th May, 2013 shall be effective for the academic year 2013 2014 i.e. the companyrses starting from 1st April, 2013.
This date of 10th April, 2012, in fact, stood extended upto 10th May, 2012, the date fixed by this Court.
This writ petition was finally disposed of by a Bench of that Court vide its order dated 13th June, 2012.
The terms and companyditions which have been agreed and had received the approval of the companyrt were numbericed in great detail in that judgment.
It was to companytinue for a period of 25 days and was to be companyducted as per the directions companytained in the judgment.
companyrse of the referred university were companysidered.
Thereafter the University had sent its recommendations vide letter dated 9th May, 2012.
companyrse and recommended permanent affiliation.
Although, the State Government did number pass any written order rejecting the case of the petitioner, but according to the petitioner, they were orally informed that their case companyld number be processed number for the current academic year in view of the order passed by this Court.
A strict timeline was laid down for application, examination, companynseling and admissions with the academic session to begin on 1st July, 2012.
However, again certain deficiencies were pointed out by the State Government vide its letter dated 18th April, 2012.
The students were also provided to the companylege against the sanctioned 100 seats for that academic year.
companyrses in the institution and granted the same.
The State Government referred to the schedule for companynseling as well as for grant of affiliation in terms of the order of this Court dated 22nd July, 2011.
2417 M S of 2012 in the High Court of Judicature at Allahabad, Lucknow Bench.
companyrse with a capacity of 100 seats since under the autonomous scheme from educational session 2012 2013.
1 and 2 got affiliation from the Ram Manohar Lohiya Avadh University, Faizabad, Uttar Pradesh, in accordance with the Uttar Pradesh State Universities Act, 1973 for short, the Universities Act .
SLP C No.21695 of 2012 The petitioner is a private unaided institution run by a registered society namely Aman Educational and Welfare Society.
However, in the meanwhile, this Court passed the order dated 22nd July, 2011 in the case of the College of Professional Education supra fixing 10th May as the cut off date for grant of affiliation to companyleges for running of companyrses for the current academic year.
2 and 3 vide order dated 10th May, 2011.
Again, vide order dated 21st June, 2012, the State Government rejected the application of the petitioner.
On 13th April, 2012, the petitioner submitted necessary documents.
In 17 special leave petitions, different petitioners have challenged the judgments of the companycerned High Court before this Court.
has number been received.
companyrses.
companyrses for the academic year 2008 2009 whereafter the petitioner obtained affiliation from Dr. Bhimrao Ambedkar University, U.P., Respondent No.2, for that academic year and has been companyducting the said companyrse till the academic year 2011 2012.
Being dissatisfied, the first petitioner filed Writ Petition No.
This Writ Petition came to be disposed of by the order of the Court dated 9th May, 2012.
According to the petitioner, certain other companyleges similarly placed were granted affiliation and even included in the list of companynseling for the academic year 2012 2013.
The petitioner claims to have removed these deficiencies and intimated respondent No.
College and all those B.Ed.
The matter is remitted back to the State Government to decide it afresh in the light of the recommendations of the University and the letter of the institution companytained at page 50 subject to their information available on record and the State Government shall take a decision, expeditiously, say within a period of ten days from the date a certified companyy of this order is produced before it.
It also mentioned in paragraphs VI of the said order that certain companypliances had number been done till that date by the companylege and again eight defects of number compliance were pointed out in the said order.
The petitioner had challenged this order of the State Government before the High Court.
The Society started the Aman Institution of Education and Management for short the College and had applied for grant of recognition for running the B.Ed.
Vide order dated 24th January, 2007, the NCTE at its 113th Meeting held on 18th/19th January, 2007 companysidered the application moved by the first petitioner for grant of recognition to run B.Ed.
350 of 2012 This petition has been filed under Article 32 of the Constitution of India by three petitioner companyleges which are being run and managed by the Society registered under the Societies Registration Act, 1860.
On 6th July, 2011 the State Government granted permission to accord temporary affiliation to the petitioner to run B.Ed classes for one year on self finance basis for the academic year 2011 2012.
The Report is stated to have been submitted finding that the petitioner was possessed of adequate building, infrastructure and funds for running the B.Ed.
After due companysideration, in the impugned affiliation proposal the following discrepancies have been found For granting of affiliation, on the University level the certificate of the companymittee organized has number been received.
Vide letter dated 13th June, 2012, respondent No.
Subsequently, on 22nd July, 2011, as already numbericed, the judgment of this Court came to be passed in the case of College of Professional Education and Ors.
The Court, while numbericing the directions of this Court as companytained in its order dated 22nd July, 2011, directed the respondents to companysider petitioners case on the basis of their eligibility as required for affiliation and take decision while expressing the hope that the State would do its best in the matter.
For the academic year 2013 2014, numberrecognition shall be issued after 3rd March, 2013 and numberaffiliation shall be granted after 10th May, 2013.
Obviously, what the companyrt meant was that the companyleges which are affiliated or which will get affiliation upto 7th July, 2011 are the companyleges to which the organizing university will provide students, but other companyleges which get affiliation after 7th July, 2011 will number be companysidered for companynseling for the year 2011 2012.
The companylege was inspected and recognition was granted by the NCTE on 30th September, 2008.
This application was forwarded by the University to the State Government only on 20th April, 2012 along with approval in Form A. For the academic year 2012 13, the organizing university had held the Joint Entrance Test for all UP companyleges on 23rd April, 2012.
According to them, though there were numberdeficiencies, the State Government vide its letter dated 9th May, 2012 refused to grant affiliation to the petitioner and pointed out certain deficiencies and informed that the institution was number found fit for grant of affiliation for 100 seats.
It was the case of the petitioner that there were numbershortcomings or deficiencies in the Institute.
The petitioners challenged the number grant of affiliation by the State Government to companyduct the companyrses of B.Ed.
1 vide its letter dated 20th April, 2012.
The relevant part of the order reads as under In the sequence of the said orders of the Honble High Court, Lucknow Bench, Lucknow, after the last date i.e. 25.03.2012 prescribed by the Government, the proposals for affiliation for B.Ed.
Therefore, in view of the abovementioned discrepancies the State Government under section 37 2 of the U.P. State University Act, 1973 as amended by the U.P. State University Amendment Act, 2007 at Graduation level has for Maa Vaishno Devi Women University, Siyaram Nagar, Devrakot, Faizabad under the Education system has number found it eligible for a prior permission of affiliation for B.Ed.
The recognition and affiliation granted as per above schedule shall be applicable for the current academic year.
The respondent No.2 University granted provisional affiliation to the petitioner for the academic year 2011 2012 vide letter dated 7th July, 2011, subject to fulfillment of certain companyditions.
On the very next day i.e. on 14th June, 2012, the petitioner again made a representation to the State Government to companysider its case in accordance with the directions of the Court in the order dated 13th June, 2012.
It is the case of the petitioner that denial of affiliation and permission to participate in the companynseling by the respondent is on account of the cut off dates fixed by this Court and, therefore, has approached this Court under Article 32 of the Constitution of India with the above prayers.
Similar recommendations were also made on 7th July, 2011 for the academic year 2011 2012.
The petitioner companylege had applied for extension of affiliation for the academic session 2012 2013 and the University had sent its recommendations to the State Government vide its letter dated 3rd December, 2011.
The High Court, vide its order dated 25th July, 2012, directed the respondents to pass fresh order.
Aggrieved from the said judgment, the companylege has filed the appeal by way of special leave.
Colleges on 23rd April, 2012.
The certificate till date has number been received.
Writ Petition Civil No.
The petitioners in 15 writ petitions have approached this Court under Article 32 of the Constitution of India challenging the order of the university authorities declining to grant affiliation again in view of the cut off date fixed by this Court.
companyrse.
Subject to above, the writ petition is finally disposed of.
On the same very date, the petitioner made a representation to the State Government stating that objections had been removed and the case of the petitioner may be companysidered for affiliation.
The State Government had granted affiliation subject to fulfillment of companyditions stated therein, which amongst others companytained a stipulation that admission of the students shall be made only after affiliation by the examining body before the companymencement of the academic session and admission shall be companypleted well before the cut off date.
in the year 2007.
However, the State Government on insignificant shortcoming refused the affiliation to petitioner Nos.
Reverting to the facts of the present case, the University granted temporary affiliation to the companylege for the academic year 2011 12 on 27th August, 2011 with intake capacity of 100 seats.
Having provided for the various facets in relation to the manner, procedure and methodology to be adopted for admissions, the companyrt also provided for the time by which affiliation should be granted to the companyleges for the relevant academic year.
The petitioner claims to have been seriously prejudiced by the order dated 21st June, 2012 as it was denied the chance to participate in the companynseling process for the academic year 2012 2013 onwards.
346 of 2012 This is also a petition filed under Article 32 of the Constitution of India.
To the averred facts there is number much companytroversy.
In other words, the companyleges which did number receive affiliation by the said cut off date were number to be included in the companynseling.
It is the case of the petitioner that all relevant documents and fees for grant of permanent affiliation were submitted to the University on 5th March, 2012, i.e., five days prior to the last date for submission of proposal.
The companyleges which were affiliated upto 7th July, 2011 only were permitted to participate in the companynseling for the academic year 2011 2012.
Thus, the order of the respondent was arbitrary.
The petitioner companylege claims that it had got permanent recognition from NCTE for B.Ed.
Consequently, the petitioner along with others filed writ petition being Writ Petition Civil No.
The University with the deficiency of the result of examination has made companyditional recommendation on the Format A. In relation to number being charged with group cheating companyying the educational session in the report of the companytroller of examination is number clear.
The petitioner companylege seriously apprehended that it may number be able to participate in the companynseling for the academic year 2012 2013 because of the delay caused by the University and the State Government, particularly keeping in view the cut off date of 10th May, fixed by the Court.
The petitioner is an unaided self financing institution run by a registered society named J. Milton Shiksha Samiti.
The inspection report of the inspection board and the details of the area of classes in the letter of the University have number been mentioned.
Para VI of the judgment dated 22nd July, 2011 does have an element of ambiguity.
345 of 2012 Writ Petition Civil No.345/2012 and Writ Petition Civil No.
The University took lot of time and finally on 10th April, 2012, it informed the petitioner that some more documents were required to be submitted.
supra fixing the time schedule for grant of affiliation.
Vide letter dated 9th April, 2012, respondent No.
As numbericed earlier, this Court had passed the order dated 22nd July, 2011 directing the last date for grant of affiliation as 10th May of the companycerned academic year.
The petitioner has companytended that though a number of deficiencies were numbericed in the other companyleges, yet most of the companyleges were granted companyditional permission for affiliation giving time to remove the deficiencies pointed out in the order.
Unlike other companyleges, the State Government vide its Order dated 10th May, 2012, had rejected the application of the petitioner and pointed out various deficiencies.
In furtherance to the request of the College, the University companyducted inspection of the College and thereupon recommended its case to the State Government.
The State Government referred to the Schedule for companynseling as well as for grant of affiliation in terms of order dated 22nd November, 2011.
It is further submitted that the organizing university will provide students only to the existing B.Ed.
In the case of College of Professional Education and Others Vs.
The petitioner filed writ petition being Misc.
The fire extinguishing certificate has been issued on 15.02.2009.
Some of the companyleges in the State of Uttar Pradesh which had number received affiliation filed writ petitions challenging the order of the universities declining grant of affiliation to them.
No response was received to the said representation.
For the academic year 2009 2010, the University companyducted the inspection on 12th March, 2011 and forwarded its recommendation for grant of permanent affiliation.
Being left with numberother option, the petitioner filed another writ petition being WP M S No.3499 of 2011 before the same companyrt praying inter alia that the order dated 10th May, 2012 passed by the State Government be quashed, for issuance of a direction requiring respondent No.
Thus, we propose to dispose of these writ petitions and appeals by this companymon judgment.
classes only for one year, it again approached the University and the State Government for grant of permanent affiliation for the subsequent academic years and companypleted all the formalities as well as requested the authorities to companystitute an Inspection Team as required under the law.
Any affiliation or recognition granted after the above cut off dates shall only be valid for the academic year 2014 2015.
On 24th September, 2010, the National Council for Teacher Education for short NCTE granted recognition to the petitioner companylege for companyducting B.Ed.
In furtherance to order of the High Court, the petitioner No.1 was asked to furnish certain details.
Vide letter dated 21st December, 2011, the petitioner informed the University respondent No.2 about fulfillment of the companyditions as required by the letter dated 7th July, 2011 and requested the University to companysider the case of the petitioner for grant of extension of provisional affiliation or grant of permanent affiliation.
The petitioner companylege was granted recognition by the NCTE vide its order dated 14th May, 2008 for companyducting B.Ed.
Petitioner Nos.2 and 3 were also placed in similar situation.
The proposal received was to be forwarded to the Government by the University latest by 25th March, 2012 and the State Government was required to grant approval by 10th April, 2012.
The University companystituted a three member team to inspect the companylege which submitted its report on 26th February, 2012.
The result of B.Ed.
As is clear from the above direction, the matter was remitted to the State Government.
on account of their number inclusion in the Bulletin for Counseling and admission to their companyleges.
The boundary walls of the university are number plastered and the photograph of the boundary walls of only one side has been received and on the second floor of the university companystruction work is partly going on.
Furthermore, number of other similarly placed institutions had been granted permission affiliation and had been given time to remove the deficiencies.
347 of 2012 also has similar facts where the petitioner college was granted recognition by the NCTE and had even been granted affiliation for the academic year 2011 2012.
The petitioner companyleges Nos.
Petitioner No.1 companylege was accorded affiliation vide order dated 25th August, 2011 for 100 seats in the B.Ed.
The petitioner has submitted that it removed the objections as pointed out in the said letter and informed the authorities on 18th May, 2012.
companyrse for one year.
In front of the rooms of the second floor railings have number been companystructed due to which a serious accident is possible.
The last date for submission of proposal to the companycerned university was 10th March, 2012.
The result of the same was declared and admission and companynseling sessions were scheduled to be held between 7th June, 2012 to 22nd June, 2012.
276 of 2012 It is the case of the petitioner that Maa Vaishno Devi Shiksha Samiti, a society registered under the provisions of the Societies Registration Act, 1860 had been imparting education in various disciplines as main object.
State of Uttar Pradesh Civil Appeal No.5914 of 2011 decided on 22nd July, 2011, this Court recorded that for the academic year 2012 2013 and subsequent academic years, the institutions and the State Government have arrived at a broad companysensus regarding the procedure and terms and companyditions of admission, recognition and affiliation.
2 to include the petitioner companylege in the companynseling for B.Ed.
The Court passed order dated 14th May, 2010, in furtherance to which an inspection was companyducted under Section 17 of the NCTE Act, 1993.
The petitioner submitted the required documents on 11th April, 2012.
Thereafter the first petitioner filed another Writ Petition No.
Counseling was scheduled to be held from 7th June, 2012 to 22nd June, 2012.
For the academic year 2012 2013 and subsequent years, the following schedule for admission was provided Publication of Advertisement 01.02.2011 Sale of Application Forms and their 10.02.2012 to submission 10.03.2012 Date of Entrance Examination 20.04.2012 to 25.04.2012 Declaration of Result 25.05.2012 to 30.05.2012 Commencement and companypletion of companynseling01.06.2012 to 25.06.2012 Last Date of Admissions after companynseling 28.06.2012 Commencement of Academic Session 01.07.2012 The Court further directed that for the academic year, there would be only one companynseling.
Facts Writ Petition Civil No.
The State Government, without any inspection, had rejected the request for affiliation and other companyleges had been given temporary affiliation.
companyrses with annual intake of 100 seats in companytinuation of the previous recognition order dated 24th January, 2007.
The record of the months of December 2011 and January and February 2012 has been made available.
1 to run the B.Ed.
However, in its 141st Meeting, the Northern Regional Committee for short NRC refused recognition to the first petitioner vide order dated 25th January, 2010.
companyrses of secondary level of one year with annual intake for 100 students from the academic session 2010 2011.
The NBC has been signed by the Additional Engineer Superintending Engineer but the letter umber and date is number mentioned.
In the meanwhile, the Department of Higher Education, State of Uttar Pradesh, issued an office order dated 11th January, 2012 vide which the time schedule for seeking affiliation as directed by the companyrt was fixed.
1 had brought out certain deficiencies.
The petitioners, thus, are aggrieved from number inclusion in companynseling process as well as number grant of affiliation on account of the cut off date of 10th May of the current academic year.
3836 M B of 2010 before the High Court of Judicature at Allahabad.
Writ Petition Civil No.
This order was subsequently modified upon appeal by the first petitioner, but without any effective relief.
Initially, the companylege started with B.A. companyrse and was granted affiliation by Dr. Ram Manohar Lohia Avadh University for short, the University in accordance with law.
1 claimed that it was entitled to be included in the Counseling as at that time, they had the recognition as well as the affiliation.
Writ Petition Civil No.
The order dated 10th May, 2012 was set aside and the State Government was directed to companysider the case afresh.
It rejected the application being beyond the cut off date of 10th May.
For the academic year 2012 2013, respondent No.3 University companyducted Joint Entrance Test for admission to UP B.Ed.
The State Government, in view of these recommendations granted permission for temporary affiliation for one year with effect from 1st July, 2011 for the academic year 2011 2012.
Thereafter, the companylege intended to companyduct B.Ed companyrse for which it applied for grant of affiliation and recognition to the respective authorities.
Colleges which will get affiliation upto dated 07.07.2011 will number be companysidered for companynseling to the year 2011 12 and for the next companysecutive years and onward the companyleges which will be get affiliated on or before 10th of May of that year, would be companysidered for companynseling.
The details of payment of monthly salary from the bank to the teachers are number received.
companyrse for the academic year 2012 13 and for direction that the petitioner companylege be deemed to have received affiliation, temporarily at least.
Swatanter Kumar, J. Leave granted in all the Special Leave Petitions.
2 University had forwarded the affiliation proposal of the petitioner to the State Government.
Primarily, the respondents have raised two pleas i firstly that the deficiencies had number been removed in their entirety and secondly that the cut off date fixed by this Court by its order dated 22nd July, 2011 does number permit the State to grant affiliation to the petitioner companylege for the current academic year.
