YUVA VYAYASAYIK SHIKSHAN SANSTHAN Vs. JIWAJI UNIVERSITY

JUDGEMENT

(1.) In this batch of writ petitions the centripodal issue being the same apart from other ancillary and subsidiary issues, it was thought apposite to hear them analogously and accordingly they have been heard together and are disposed of by a singular order. For the sake of convenience as well as completeness the facts in W.P. No. 16694/2007 are adumbrated herein. The facts of other cases which are imperative to be adumbrated shall be stated in brief at the relevant place in this order.

(2.) The petitioners are societies duly registered under the provisions of M.P. Societies Registration Act, 1973 with the purpose of imparting B.Ed. Course. They established B.Ed. Colleges and for that purpose preferred applications for grant of recognition before the competent authority under the National Council for Teacher Education Act, 1993 (for brevity 'the 1993 Act'). As pleaded, they also applied for grant of No Objection Certificate from the State Government which was duly granted to the petitioners-institutions. After obtaining the 'NOC' from the State Government the petitioners-institutions applied for grant of recognition from NCTE and thereafter the NCTE granted recognition as contemplated under Section 14 of the 1993 Act. The Higher Education Department also extended the benefit of 'No Objection Certificate' to the petitioners-institutions and accordingly affiliation was accorded by the Jiwaji University, Gwalior under Madhya Pradesh Vishwavidyalay Adhiniyam, 1973 (for short 'the 1973 Act').

(3.) It is averred in the writ petition that the NCTE has informed the respondent- University that the petitioners-institutions are the recognized institutions for B.Ed. Course for the academic session 2006-07 and formal order of recognition would be issued after scrutiny of staff list. Despite various correspondence, with the Higher authorities of the NCTE a letter was issued on 30.8.2007 contained in Annexure-P-1 that the recognition granted by NCTE shall remain in force. In essentiality, it is asseverated that the recognition conferred by the NCTE and the affiliation granted by the University are in force. After obtaining of recognition and affiliation the petitioners- institution granted admission to the students as per the intake capacity fixed by the NCTE. The students were provisionally admitted on the basis of the counselling conducted by Rajya Shiksha Kendra (State Education Centre) which was completed on 30.9.2006 as per Annexure-P-2. After admission the students were prosecuting their studies and completed B.Ed course for the academic session 2006-07. A list of the students was duly submitted before the State Education Centre was called for by the University vide letter dated 31.7.2007. As put forth, the students were admitted as per the intake capacity fixed by the University and, therefore, criteria participation of their students in the forthcoming examination for B.Ed. Course to be conducted for the academic session 2006-07 was beyond any kind of remora. Despite no impediment Jiwaji University, Gwalior deliberately did not allot 100 examination forms as a consequence of which some of the students were not in a position to undertake the examination which was held subsequently. It is contended that the University has declared a programme for B.Ed examination of 2007 which has commended 04.12.2007.