SHANMUGHA ARTS Vs. SHANMUGHA ARTS

JUDGEMENT

(1.) IN both the writ petitions, the petitioner is Shanmugha Arts, Science, Technology & Research Academy (in short, SASTRA), which is a deemed University, and the first respondent is Union of INdia, the second respondent is the University Grants Commission (in short UGC), the third respondent is the National Council for Teacher Education (NCTE in short), fourth respondent is the Southern Regional Committee (SRC in short) for National Council for Teacher Education and fifth respondent is the State of Tamil Nadu. The question involved being inter-connected, both the writ petitions were heard together and shall be governed by the common judgment.

(2.) THE basic allegations are as follows: - Initially the petitioner was known as Shanmugha College of Engineering and was administered by Balaseva Educational and Charitable Trust. THE said college was affiliated to Bharathidasan University and was approved by All India Council for Technical Education (AICTE in short). Subsequently, the said college was considered to be a deemed University as per the notification dated 26.4.2001 under Section 3 of the University Grants Commission Act, 1956 (hereinafter referred to as "the UGC Act"). THE petitioner decided to start innovative programmes and start a new course known as B.Ed. (Vocational) for B.Tech students. It made an application to the fourth respondent during the academic year 2002-2003. Fourth respondent by communication dated 26.2.2002 informed the petitioner that No Objection Certificate is required from the State Government and application fee of Rs.5000/- is to be paid. THE petitioner informed the third respondent that as the course sought to be introduced was an innovative course, the condition relating to State Government's approval may be waived. THE required application fee of Rs.5000/- was however deposited. Fourth respondent informed the petitioner that the application for the academic year 2002-03 was rejected as the required application fee has not been paid and the petitioner could resubmit the application before 31.12.2003 for the academic year 2003-2004. THE application fee of Rs.5000/- was also refunded. In the meanwhile the petitioner had filed a fresh application on 16.12.2002 for three courses, namely, M.Sc.,B.Ed., Bio-technology, Computer Science and Mathematics which are five years integrated programme. THE fourth respondent by proceedings dated 17.1.2003 indicated that No Objection Certificate was required from the State Government and the application should be filed with such No Objection Certificate before the end of March, 2003 for the next academic year. According to the petitioner, such rejection was invalid as the Regulations of NCTE indicate that when application is made by the University Department for an innovative course, No Objection Certificate from the State Government is not required. THE fourth respondent also returned the deposit made by the petitioner. THE petitioner wrote to the NCTE requesting for waiver of No Objection Certificate. However, the Chairman of the NCTE sent a communication dated 4.2.2003 that No Objection Certificate is an essential requirement. THE petitioner, as a matter of abundant caution, made an application to the State Government seeking for No Objection Certificate by letter dated 10.2.2003 and thereafter made further representations to the third and fourth respondents. THE fourth respondent sent communication dated 26.3.2003 to the following effect: -

(3.) THE NCTE Act, 1993 is an Act to provide for the establishment of a National Council for Teacher Education with a view to achieving planned and co-ordinated development of the teacher education system throughout the country, the regulation and proper maintenance of norms and standards in the teacher education system and for matter connected therewith. As per Section 2(e) "institution" means an institution which offers courses or training in teacher education. According to Section 2(i) "recognised institution" means an institution recognised by the Council under section 14. Under Section 2(n), "University" means a University defined under clause (f) of section 2 of the University Grants Commission Act, 1956, and includes an institution deemed to be a University under section 3 of that Act. Section 14 of the NCTE Act relates to recognition of institutions offering course or training in teacher education and empowers the Regional Committee to grant recognition or pass an order granting recognition or pass an order refusing recognition. Under Section 14(5) every institution, in respect of which recognition is refused, is obliged to discontinue the course or training. Under Section 14(6), the examining body is required to follow the order passed by the Regional Committee. Under Section 15, permission for a new course or training in teacher education can be granted by the Regional Committee. Under Section 17(4), students passing in teacher training examination would not be eligible to seek employment in teaching post under Government or in aided institutions. It is of course true that the University is the authority to grant degree as contemplated under Section 22 of the UGC Act, but if the course is not approved by the NCTE, the disability under Section 17 shall be incurred so far as the students are concerned. THErefore, even if the deemed University starts any such course and issues a degree, such degree would not be recognised by the institutions under the control of the Government or the aided institutions.