MATA SURAJMUKHI GIRLS DEGREE COLLEGE OF COMMERCE AND ECONOMICS SHAHDARA DISTRICT AGRA Vs. STATE OF U P

JUDGEMENT

(1.) MATA Surajmukhi Girls Degree College of Commerce and Economics (hereinafter referred to as the 'Institution") and its Secretary have filed this petition for quashing the order dated 11th June, 2009 passed by the National Council for Teachers Education, New Delhi by which the appeal filed by the petitioners under Section 18 of the National Council for Teachers Education Act, 1993 against the order dated 6th January, 2009 passed by the Regional Director was dismissed.

(2.) THE Institution submitted an application before the Regional Director, National Council for Teachers Education, Northern Region on 28th January, 2008 for grant of recognition to B.Ed. course under the Self Financing Scheme. This application was rejected by the Regional Director by the order dated 6th January, 2009 on the ground that as per the National Council for Teachers Education (Regulation Norms and Procedure) Regulation 2007 (hereinafter referred to as the '2007 Regulations") private lease documents were not acceptable. THE petitioners filed an appeal under Section 18 of the Act which was dismissed by the order dated 11th June, 2009 on the ground that as per the Regulation 8(7) of the 2007 Regulations which had come into force on 10th December, 2007, no Institution could be granted recognition unless it was in possession of the required land on the date of application and such land should not only be free from all encumbrances but should also be either on ownership basis or on lease from the Government/Government Institution for a period not less than 30 years.

(3.) SRI R.A. Akhtar learned counsel appearing for the respondents, however, submitted that the 2007 Regulation had come into force on 10th December, 2007 when they were published in the Official Gazette and in view of Regulation 8(7) of the Regulations, the recognition could not be granted to the Institution. He also submitted that mere reference to the earlier Regulations of 2005 in the form issued to the petitioners will not make the 2005 Regulation applicable to their case particularly when the 2005 Regulations have been repealed. He further submitted that the form had been supplied to the petitioners in June, 2007 prior to 10th December, 2007 when the 2007 Regulations came into force and so reference to the 2007 Regulations was not contained in the application form.