OM EDUCATION TRUST Vs. GUJARAT UNIVERSITY

JUDGEMENT

(1.) RULE in Special Civil Application No.21256 of 2007. Learned advocates for respondents are directed to waive service. These group of petitions are taken up for hearing and disposal together as the subject matter of the controversy between the parties is the same. Each of the petitioners are Education Institutions who sought recognition from National Council for Teacher Education (NCTE) for establishing and running a college for B.Ed. Course. Admittedly, final recognition orders came to be issued in favour of each of the petitioners by NCTE on the following respective dates mentioned against the name of each of the petitioners. Sr.No. Name of Institute Date of Recognition Order 1 Om Education Trust Gandhinagar & Another S.C.A. No.19088 of 2007 24/25.07.2007 2 Shri Akhil Anjana Kelavani Mandal S.C.A. No.19089 of 2007 06/09.06.2007 3 Shri Swaminarayan Education Trust S.C.A.No.19134 of 2007 24/25.07.2007 4 Gayatri Gurukrupa B.Ed. College S.C.A. No.19640 of 2007 06.06.2007 5 Narmada Education Trust S.C.A. No.19876 of 2007 06.08.2007 6 Apex Education Trust S.C.A. No.18938 of 2007 26.06.2007 7 Umiya Education Trust S.C.A. No.18939 of 2007 With C.A.No.11313 of 2007 26.06.2007 8 Shri Somnath Education & Charitable Trust S.C.A.No.19145 of 2007 20/21.06.2007 9 Manas Education Trust S.C.A. No.20194 of 2007 03.08.2007 10 Shri Ramjibhai Jivabhai Herma Education & Charitable Trust S.C.A.No.19100 of 2007 12.06.2007 11 Shree Mahakali Education Trust S.C.A.No. 21256 of 2007 With C.A.No.11238 of 2007 06/09.08.2007

(2.) Armed with the aforesaid recognition orders, each of the petitioners approached respective Universities with whom the petitioners were seeking affiliation. Being aggrieved by, either inaction on part of the respondent-Universities or the refusal to grant recognition and allot students, the petitioners have approached this Court. During pendency of the petitions by interim orders made by this Court, the Universities have been directed to allot students. In case of Gujarat University, pursuant to the advertisement published by the Gujarat University, 412 Students filled-up forms, but only 191 students opted for admission.

(3.) Under Chapter-IV of the National Council For Teacher Education Act, 1993 (the Act) which deals with RECOGNITION OF TEACHER EDUCATION INSTITUTIONS Section 14 provides for the procedure for obtaining recognition. Sub-section (6) of Section 14 of the Act is the trump card on the basis of which the petitioners have moved the petitions founded on the submission that every examining body is bound to grant affiliation to the Institution who has been granted recognition by NCTE. Over and above reliance on Section 14(6) of the Act, reliance has also been placed on the decision of the Apex Court in the case of State of Maharashtra V/s. Sant Dnyaneshwar Shikshan Shastra Mahavidyalaya & Ors. JT 2006(4) SC 201. In light of the aforesaid decision of the Apex Court, the learned advocates for respondent-Universities did not dispute the fact that upon recognition having been granted by NCTE, the examining bodies had to grant affiliation but, the principal thrust of the argument was based on the rights of the University to seek adherence by the Institutions to the academic schedule fixed by the University. The submission was that the academic schedule was not fixed only for the B.Ed. Course but was a schedule fixed for all other courses in all other faculties of the Universities and if other Institutions / Colleges conducting various other courses were required to abide by the academic schedule, no exception could be made in case of Institutions / Colleges intending to run B.Ed. Course, only because NCTE kept on issuing recognition orders without having regard to the academic schedule of the respective Universities to which the Institutions were seeking affiliation.