SH LAXMI NARAYAN TAYAL EDUCATIONAL SOCIETY, PANIPAT Vs. KURUKSHETRA UNIVERSITY, KURUKSHETRA AND ANOTHER

JUDGEMENT

(1.) The petitioner, a registered society under the Societies Registeration Act is running a college under the name of LNT College of Education at 79th Mile Stone, G.T. Road, N.H.1, Haryana. This college was established for imparting B.Ed. Course. The society applied to the NCTE, the apex body competent to grant recognition for establishment of such an institution. Regional Council of NCTE after inspecting the infrastructural and other facilities of the college granted recognition vide its letter dated 27.11.2007 (Annexure P-2). The recognition was granted under section 14(1) of the NCTE Act, 1993 on being satisfied regarding the existence and availability of infrastructure and other facilities as is evident from the following observations : -

(2.) Petitioner-institution was permitted to admit 100 students per session. The petitioner further applied for enhancement of its intake capacity from 100 to 200 students. The request of the petitioner was acceded to by the NCTE and vide its communication dated 27.2.2008 additional intake of 100 B.Ed seats was approved.

(3.) On being granted recognition by the NCTE the petitioner applied for affiliation to the Kurukshetra University, Kurukshetra for increase to 200 intake capacity for the session 2008-09. The university vide its letter dated 3.12.2008 approved provisional affiliation for 200 intake capacity for the session 2008-09. It is relevant to note that in the aforesaid letter petitioner was conveyed that the admission to the course shall be governed strictly as per instructions/guidelines issued by the State Govt/University/Coordinator of State Level Common B.Ed. Entrance Test. The petitioner was informed by the university that a special inspection team of the university is visiting the college on 23.3.2009. A team of the university visited the college. On the basis of the report of inspection team petitioner was issued a show cause notice dated 16.6.2009 communicating that inspection team has pointed out that the building of the college is not made of lintel. The B.Ed class students are bound to sit in a shed and it looks like a factory shed/godown. Then referring to Clause 8 (10) of the NCTE Regulations 2007 the petitioner was asked to show cause why the college be not debarred from participating in the admission process and to making admission to the B.Ed Course for the session 2009-10. Petitioner's reply was asked for within one week. In response to the aforesaid show cause notice the petitioner submitted its representation dated 6.7.2009 (Annexure P-6) mentioning therein that the college has all infrastructure and building facility duly approved by the university. There is no temporary structure. The roof is made by cemented sheets with forsealing which is in no way temporary structure. University was asked to re-inspect the college any time and request was made to allow admission for the session 2009-10. In response to the petitioner's aforementioned representation the Chairman of the college has been communicated that the college has been inspected twice by two different inspection committees/teams. Both the committees pointed out major deficiencies and made serious observations against the college and had not recommended the extension of provisional affiliation for the session 2009-10. Another inspection was declined. The college was advised to shift to its permanent building with prior approval of NCTE. In view of the passing of the aforesaid order the petitioner has filed this petition challenging the action of the respondent-university in denying it right to make admissions during the academic session 2009-10 with a further prayer for direction to the university to provide students to the petitioner during the current academic session.