AFZA TEACHERS TRAINING INSTITUTE Vs. REGIONAL DIRECTOR BANGALORE

JUDGEMENT

(1.) THE Afza Teachers Training Institute represented by Mr. Siraj ahmed Shareef and his wife Smt. Roohi Afza, claiming to be the secretary and President of the Society respectively have filed these two petitions with a prayer for quashing the order of the National council for Teachers Education (hereinafter referred to as NCTE)dated 30. 12. 2002 granting recognition for running the Afza Teachers training Institute represented by one Smt. Noor Afza Banu.

(2.) THE facts leading to the filing of the present petition as found from the records, are as under: a Society called as Afza Education Society was registered before the Registrar of Societies in Karnataka under the Karnataka Societies registration Act in Regn. No. 34/84-85 dated 23rd July 1984 at Kolar. This society established a Teachers Training Institute under the name of Afza Teachers Training Institute? in a rented premises belonging to one Lakshmidevamma at Municipal Katha No. 4272 in Gandhinagar area, Bangarpet Town. Smt. Noor Afza was the Founder President and her brother Siraj Ahmed was the Secretary of the Society. The society started imparting education in teachers training which is a two years training course from the time of establishment, under the recognition granted and renewed every year. With the appointing of smt. Noor Afza as a Government Servant in the State Libraries department, disputes arose between the brother and sister regarding the right to manage the Society and as time progressed, the bitterness between the two parties increased by degrees. As a result of the disputes, several civil suits came to be filed against each other and interim orders were obtained. After the coming into force of the NCTE Act, 1996 with effect from 17. 8. 1995, the group led by siraj Ahmed claiming the right to represent the Society made an application for renewal of recognition to run the Teachers Training institute. The group led by Noor Afza Banu also had independently made a similar application to the NCTE. The NCTE inspected both the institutional and found that the institute managed by the group led by Siraj Ahmed had the necessary infra structure while the institute alleged to have been run by Noor Afza Banu was not functioning during the year 1995-1996 but, did not take any final decision in the matter; because of this inaction several Writ Petition were filed in W. Ps. 30242/98 and 30642-701/98, 32124/98 and 32808-67/98, 1996/98, 30756/97, 2606-2624/98, 3425/98, 38385-38389/98 and 710-712/99. All the petitions were disposed of by the learned Single Judge of this Court by his order dated 1. 4. 1999. Learned Judge on the right of which of the rival groups to manage held - it would thus appear that not only the authorities but even this Court over the past few years accepted the institute at gandhinagar under the managerial control of Siraj Ahmed and his group as the real institute entitled to make admissions. Candidates admitted to the said institute have been allowed to appear for the examination and even declared to have completed the course?, and allowed the petition on the following terms. W. P. 38385-38389/98 and 710-712/99 are allowed but only to the extent that the Southern Regional Committee of the National council for Teachers Education shall consider the application for recognition received on behalf of the Afza Education Society for its Teachers? Training Institute at Bangarpet and pass appropriate orders on the same expeditiously and a far as possible within 4 months from today. The Committee need not while considering the applications go into the question as to which out of the two groups is in actual managing control of the affairs of the Society. The Council shall however be entitled to independently determine whether the Institution established by the Society was in existence before the coming into force of the NCTE Act and if so, whether the same deserves to be recognised having regard to the norms prescribed for such recognition.

(3.) THIS Court noting with anguish the interests of a public institution being subordinated to the personal rivalry of brother and sister unmindful of the interests of education and students felt that this is a fit case where the State Government should exercise its power by appointing a Receiver by observing at paragraph 7 as follows: pending determination of the issues by the Civil Courts seized of the matter, the State Government shall consider the question of appointment of an Administrator for the Society under Section 27a of the Karnataka Societies Registration Act and pass appropriate orders on the subject after notice to both the groups keeping in view the observations made in the body of his order. Notices to be served upon Noor Afza Banu and Siraj Ahmed shareef only with liberty to all others claiming to be members and/or office bearers to the objections to the same if so advised. Needful to be done within 3 months from today. If appointed the administration shall hold office subject to any further direction that the Civil Court may issue as regards the management of the affairs of the Society and its institution.