LAWS(GAU)-2017-6-43

CHANDRA KANTA HAZARIKA COLLEGE Vs. STATE OF ASSAM

Decided On June 02, 2017
Chandra Kanta Hazarika College Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) Heard Mr. PJ Saikia, learned counsel for the petitioners. Also heard Mr. SS Roy, learned counsel for respondent Nos.4 and 5, being the authorities in the National Council for Teacher Training, (for short, NCTE) and Mr. K Gogoi, learned counsel on behalf of respondent No.1 as well as Mr. R Mazumdar, learned counsel for respondent No.2 being the authorities in the Dibrugarh University.

(2.) The petitioner college was established in the year 1994 with the object of imparting teacher education and training and was established after obtaining the 'No Objection Certificate' dated 10.10.1994 from the Government of Assam to run an institute for imparting B.Ed course and had been functioning in the name of Chandra Kanta Hazarika College. The petitioner college is affiliated to the Dibrugarh University for conducting the 1(one) year course for the academic session 1994-1995. The petitioner college had started its functioning from the building made available by the Doner of the college and was located at Ashram Path, Amolapatty Railway Gate, Dibrugarh. Upon enactment of the National Council for Teachers' Training, Act, 1993 (NCTE Act, for short) a statutory body in the name of National Council for Teacher Training, (for short, NCTE) was created to achieve the planned and coordinated development of the teacher education system throughout the country and for regulation and proper maintenance of norms and standards of the teacher education system for effective functioning.

(3.) The NCTE is empowered to establish Regional Committees under Sec. 20 of the NCTE Act, 1993 and any institution intending to offer a course or training in teacher education is required to obtain recognition from the Regional Committee by submitting appropriate application. Accordingly, the petitioner No.1 made an application before the Eastern Regional Committee and upon doing so, a provisional recognition dated 06.01998 was issued in favour of the petitioner college for the year 1998-1999 for conducting the B.Ed course. As required the inspection team from Eastern Regional Committee (ERC) had visited the petitioner college and submitted a report that college did not fulfil certain norms and standard as laid down and notified by the NCTE.