COMMITTEE OF MANAGEMENT Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition has been filed for quashing the order dated 19.1.2005 which has been passed by the Chancellor of the Bhim Rao Ambedkar University, Agra (hereinafter referred to as the 'University') and for a direction upon the respondents to treat the affiliation granted to the Institution by the earlier orders dated 7.11.1998 and 30,10.2002 as permanent affiliation w.e.f. 1.7.2002 and restrain the respondents from interfering with the continuance of the B.Ed. Course in the Institution.

(2.) The Faiz-E-Aam Modern Degree College, Mathura is affiliated to the University. In order to impart education in the B.Ed. Course it sought recognition from the Regional Committee under the provisions of Section 14 of the National Council for Teacher Education Act, 1993 (hereinafter referred to as the 'NCTE Act') and in this context a communication dated 21.8.1998 was sent by the Northern Regional Committee of NCTE to the College granting recognition to B.Ed, one year course from the academic session 1998-99 with annual intake of 60 students. It was also specifically mentioned in the letter that the recognition was subject to the condition that the Institution shall continue to fulfil the norms laid down under the Regulations and shall submit the annual report in this regard. After having obtained the aforesaid recognition, the College also approached the University for granting affiliation to the B.Ed. Course and by a communication dated 7.11.1998, the University was informed by the office of the Chancellor that temporary affiliation for a period of three-years w.e.f. 1.7.1998 had been granted to the College under Section 37 (2) of the U.P. State Universities Act, 1973 (hereinafter referred to as the 'Universities Act'). Accordingly, the College admitted students to the B.Ed. Course. However, by the order dated 23.7.1999 the Regional Committee withdrew the recognition under Section 14 of the NCTE Act. This order was challenged by the College by filing an appeal under Section 18 of the NCTE Act before the National Council for Teacher Education (hereinafter referred to as the 'Council'). This appeal was dismissed by the Council on 7.7.2000 but against the said order a writ petition being Writ Petition No. 30533 of 2000 was filed which was ultimately allowed on 21.10.2003 and the orders dated 23.7.1999 and 7.7.2000 were quashed. The matter was remanded to the Council to decide afresh.

(3.) In the meantime, as the temporary affiliation granted to the College in respect of B.Ed. Course was expiring on 30.6.2001, an order dated 30.10.2001 was sent from the office of the Chancellor of the University extending the temporary affiliation for a period of one year w.e.f. 1.7.2001. The said extension was, however, subject to the four conditions stipulated in the order, which are as follows : (a) If the College has not obtained the recognition from NCTE for the academic session 2001-02, then the extension granted shall automatically come to an end, (b) The College shall comply with the directions contained in the Government Orders issued from time to time regarding the admission, fees, appointment of teachers etc. and the University shall ensure compliance of the Government Orders. (c) The College shall comply with the requirements stipulated in the First Statute of the University relating to temporary affiliation. (d) The College shall remove the defects pointed out by the Inspection Panel.