DEVBHUMI INSTITUTE OF PROFESSIONAL EDUCATION FOR WOMEN PLOT NO.222, VILL.KHAMARIA POST LALPUR, TEHSIL KICHHA, DISTRICT U.S.NAGAR Vs. STATE OF UTTARAKHAND AND OTHERS

JUDGEMENT

(1.) Heard Mr. Ravi Babulkar, Advocate for the pe­titioner, Mr. B.D. Upadhyaya, Advocate for respondents 2 and 3 and Mr. Abhisekh Verma, holding brief of Mr. Sudhir Singh. Advocate for NCTE. By means of this petition the peti­tioner has sought the following relief-

(2.) ACCORDING to the petitioner, the pe­titioner is a registered charitable society and is running B.Ed, institutes one at Champawat and another at Rudrapur. Thereafter the petitioner applied to the NCTE for women's college in the name and style Devbhumi institute of profes­sional education for women for grant of recognition for B.Ed, as per regulations of NCTE from the academic session 2009-10 onwards. The NCTE vide recognition order dated 30-7-2010 accorded recogni­tion from session 2010-11 instead of ses­sion 2009-10. The petitioner/institute rep­resented before the NCTE. Thereafter the NCTE vide order dated 09-8-2010 recti­fied the earlier recognition and granted rec­ognition for academic session 2009-10 onwards instead of session 2010-11. Thereafter petitioner applied for affiliation with the university for the academic ses­sion 2009-10 but the university did not grant the affiliation and the same has been illegally rejected on 16-8-2010 for the aca­demic session 2009-10. Hence this peti­tion.

(3.) THE contention of the petitioner is that there is no provision to obtain affili­ation for every year. As per Section 14(6) of the Act, the examining body is obliged to grant affiliation to the institute where the recognition has been granted by the NCTE. It is to be stated here that in the case at hand the U.G.C. Act is not appli­cable but NCTE Act is applicable. Under Section 17 of the NCTE Act 1993 the NCTE may withdraw recognition of rec­ognized institution in the event the re­gional committee of the NCTE is satisfied that a recognized institution has contra­vened any of the provisions of the NCTE Act, or any condition subject to which recognition under Sub Section (3) of Sec­tion 14 or permission under Sub-section (3) of Section 15 was granted.