RAJIV KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) BRIEF background of the case, as disclosed in this bunch of writ petition, is that in the district of Mainpuri, there is an institution known as Shri Chitragupta Mahavidyalaya, Mainpuri. Said institution is affiliated to Dr. B.R. Ambedkar University, Agra, and affairs of the same are to be run and managed strictly in consonance with the provisions as contained under the U. P. State Universities Act, 1973 and the First Statute of the aforementioned University.

(2.) THE National Council of Teachers' Education Act, 1993 (in short the N.C.T.E. Act, 1993) was enacted by the Parliament in reference to Entry-66 of List-1 of VIIth Schedule appended to Constitution of India for achieving the planned and coordinated development of teachers' education and for regulating and maintaining proper norms and standards in the teachers' education. THE said Act received assent of the President on 19.12.1993 and came into force on 1.7.1995. THE National Council of Teachers Education was established on 17.8.1995 and the Regional Committees were constituted under Section 20 (i) (iii) of the National Council for Teacher Education Act, 1993 on 6.1.1996. Prior to same Regulations prescribing the standard for granting recognition in exercise of power vested under Clauses (f) and (g) of sub-section (2) of Section 32 read with Sections 14 and 15 of the National Council for Teacher Education Act, 1993 were made on 29.12.1995. Regulation 7 dealt with time limit for making applications. Clear cut distinction has been made, in between institution, which has been offering course or training in teacher education, immediately before the appointed date, i.e., 17.8.1995, by giving them liberty to make an application, so as to reach concerned Regional Committee within period of six months and qua the institutions who were intending to offer a course of training in teacher education, were required to move application so as to reach concerned Regional Committee by 31st of December every year for commencement of course or training from next academic session. Regulation 8 dealt with condition of recognition, as per which Regional Committee has to satisfy itself on the basis of scrutiny and verification of facts, that the institution has adequate financial resources, accommodation, library, qualified staff, laboratory and such other conditions required for proper functioning of the institution for the course or training which are being offered or intending to be offered. Regulation 9 obliges Regional Committee to ensure that conditions prescribed for grant of permission to recognize institution, to start new course or training is fulfilled.

(3.) STAND taken by the National Council for Teacher Education in the counter-affidavit is to the effect that at no point of time instructions in B.Ed. Course were being imparted at the institution in question, i. e., Chitragupta Mahavidyalaya, Mainpuri prior to the appointed day and after the appointed day, at no point of time institution has ever been recognized, as such no relief, whatsoever, can be granted to the incumbents, who have obtained B. Ed. Degree from an unrecognized institution. STAND to the similar effect has been taken by learned standing counsel as well.