DHANANJAY SAMAJ SEVA SANSTHA SHRI SWAMI SAMARTH ADHYAPAK VIDYALAY VADBHAVWADI SINDHUDURG Vs. NATIONAL COUNCIL FOR TEACHERS EDUCATION

JUDGEMENT

(1.) Rule. Heard forthwith.

(2.) The petitioners Society had made an application, seeking recognition under section 14 (2) of the National Council of Teachers Education Act, 1993 (which hereinafter shall be referred to as the Teacher Education Act). The application was submitted to the Western Regional Committee of respondent no. 2. It is the case of the petitioners that the State Government gave no objection certificate to the petitioners to open new D. Ed. College on 9th July, 1999. It was subsequently cancelled on 31st March, 2001. The application made was for granting recognition to the D. Ed, course of two years duration for the academic session commencing from 2001-2002. The application was considered by the Western Regional Committee on merit and letter of intent was issued to the petitioners herein. The petitioners state that they made a fresh representation to respondent No. 2 on 10th December, 2002 to issue no objection certificate of the State Government. It is the further case of the petitioners, that the Committee member of NCTE communicated to the Regional Director, Western Region, ncte Bopal on 9th December, 2002 and on 10th December, 2002 that the education facilities provided by the petitioners are satisfactory. In terms of the letter the petitioners were required to fulfil certain norms and conditions before 31st March, 2003. After fulfilling of norms and conditions the Committee was to be informed, in order to enable the university team to verify the fulfilment of the norms and conditions. The recognition depended on whether the institution fulfilled the norms and conditions. It is only then that the Regional Committee was to grant recognition commencing from the academic year after the date of the order of recognition.

(3.) Petitioners herein had filed a petition before this Court, bearing No. 403 of 2003 wherein they prayed that directions be issued to Western Regional committee to grant recognition on the basis of the already existing records. This court by an order dated 12th June, 2003 was pleased to direct the State government to consider the application for grant of no objection certificate and the application for recognition on merits. Subsequent to that and pursuant thereto, the Western Regional Committee was pleased to conduct another inspection dated 28th August, 2003, irrespective of the fact that no objection certificate was refused by the State Government by letter dated 21st July, 2003. In the mean time regulations in force came to be amended, effective from 23rd June, 2003, pursuant to the judgment of the Apex Court in St. George Teachers Training institute vs. Regional Director National Council for Teachers Education and another, (2003) 3 SCC 321. The petitioners moved this Court by way of Civil Application dated 3rd november, 2003. The respondent No. 1 was also informed by an Advocate's notice addressed on behalf of the petitioners that the proceedings in Contempt had been fixed for hearing on 4th November, 2003. An order came to be passed on 23rd September, 2003 in Writ Petition No. 5918 of 2003 which directed respondent No. 1 to take appropriate decision as expeditiously as possible but in any case before one month from the date of the order. The Western Regional committee of respondent No. 1 decided to grant recognition to the petitioners for a course of two years duration but for ensuing academic session with an intake of 50 students. Petitioner's state that they sent a reminder to respondent No. ;2 to permit the petitioners to admit students for the academic year 2003-2004. Petitioners rely on the judgment of a Division Bench of Aurangabad Bench in writ Petition No. 4701 of 2003 dated 9th December, 2003 in the case of Trimurti pavan Prathishthan Newasa Phata vs. The National Council for Teachers education and others. It is the case of the petitioner's that the case at aurangabad is similar in all respects to the petitioner's case and they too ought to be granted sanction for the academic year 2003-2004. It is the petitioner's case that students who have been admitted ought to be protected. It is pointed out that the cutoff date for admission was 10th December, 2003. The petition came to be filed on 16th February, 2004. No interim relief was granted in the matter. The respondents have not filed any reply but have addressed themselves to the provisions of the Teacher Education Act and the regulations framed thereunder. It is submitted that considering the provisions of section 14, including sub-section 14 (5) , it was not open to the petitioners to admit students in spite of there being no permission for the academic year. Though the Maharashtra State council of Examination is not a party, considering the controversy involved we permitted learned Counsel to address the Court on their behalf. Learned Counsel has drawn our attention to the various regulations which are required to be fulfilled before students can be admitted to appear for examination.