RADHA GOVIND MAHAVIDYALAYA Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS writ petition as well as W.P. No. 49973 of 2007 and W.P. No.49970 of 2007 have been filed for quashing the decision of the Executive Council dated 11.3.2007 communicated by the Registrar vide its letter dated 25.5.2007. Further a writ in the nature of mandamus commanding the respondent-University to permit the students of petitioners' institution to appear in the examination of B.Ed which are being conducted by the University in near future.

(2.) THE facts arising out of the writ petition are that petitioners in Writ Petition No.49968 of 2007, on 27.12.2002 'No Objection Certificate' was issued by the State Government for setting up an institution for running B.Ed course under the Self Financing Scheme with effect from the academic session 2003-04. No Objection Certificate was subject to the condition that recognition was granted by the National Council for Teachers Education. The National Council for Teacher Education granted recognition to petitioners' institution for running B.Ed course for one year duration with effect from academic session 2003-04. On 30.1.2004, the Chancellor passed an order granting affiliation to the aforesaid college with effect from 1.7.2004 for a period of one year. An application was made for extension of affiliation with effect from 1.7.2005. On 5.12.2005, Chancellor passed an order refusing to extend the affiliation for the Session 2005-06. The said communication was communicated to petitioners vide its letter dated 10.1.2006. A representation to that effect was made stating therein that objections taken for refusing extension does not exist and appears to be misconceived. Before any order is passed one Amar Singh Yadav, a member of Legislative Assembly made a complaint before the Vice Chancellor in respect of grant of affiliation to the colleges run by petitioner No.2 which was followed by filing Public Interest Litigation as Writ Petition No.46708 of 2006. The aforesaid writ petition was disposed of finally to consider the matter by an appropriate authority. In compliance, the Vice Chancellor directed the Registrar to proceed with the matter and a Three Member Committee is constituted for inquiring into the allegations against petitioners' college. The Three Member Committee submitted their report on 27.10.2006, then a show cause notice was issued by the Registrar. Petitioners have submitted reply and an order was communicated to petitioners by the Registrar withdrawing the affiliation of petitioners' college. Hence, the present writ petition.

(3.) SRI G.K. Singh, learned Advocate appearing for petitioners has submitted before this Court that affiliation granted to petitioners' college could not be withdrawn by respondent-University. The Colleges in question were granted affiliation by National Council for Teachers Education as per Section 14(1) of the National Council for Teachers Education Act, 1993. Section 14(6) of the aforesaid Act clearly provides that every examining body shall on receipt of order under Sub-Section (4) grant affiliation to the institutions, where recognition has been granted or cancel the affiliation of the institution, where recognition has been refused. From the aforesaid facts and circumstances, it is therefore, clear that where college is recognised by the National Council for Teachers Education (NCTE), examining body i.e. the University is bound to give affiliation to the said college. If for some reason, it is felt by the governing body that the college in question was not entitled to have such recognition or affiliation it can always bring the relevant facts and circumstances to the knowledge of the NCTE for its consideration and based upon the aforesaid information. NCTE can always withdraw recognition which would automatically result in withdrawal of the recognition of the University. Section 17 of the National Council for Teachers Education Act, 1993 clearly provides that the Regional Committee of the aforesaid council on its own motion or on any representation received from any person on being satisfied that the recognised institution has contravened any provision of the Act, Rules, Regulations or orders made by it or any condition subject to which recognition under the Act was granted, may withdraw recognition of such recognised institution.