RAJ RAJESHWARI COLLEGE OF EDUCATION Vs. KURUKSHETRA UNIVERSITY

JUDGEMENT

(1.) Feeling aggrieved against the inspection report dated 29.03.2011 (Annexure P-12) submitted by the inspection committee of the respondent-University and also order dated 30.05.2011 (Annexure P-13) passed by the respondent-University, withholding the extension of provisional affiliation for the academic session 2011- 12, thereby debarring the petitioner college from participating in the admission process and making admission to B.Ed (Regular) course for the session 2011-12, the petitioner has approached this Court by way of instant writ petition under Article 226/227 of the Constitution of India, seeking a writ in the nature of Certiorari for quashing the impugned inspection report and subsequent impugned order.

(2.) Petitioner also seeks a writ in the nature of Mandamus directing the respondents not to rely upon the provisions of the University statutes, Rules and Regulations for the impugned decision and ordinance issued by the respondent-University, debarring the petitioner as the same were not applicable qua the petitioner, in view of the provisions of Section 14 of the National Council for Teacher Education Act 1993 and Rule 8 of the National Council for Teacher Education Rules 1997.

(3.) Petitioner-institute applied to respondent No. 4 and was granted recognition/permission for starting B.Ed course of one year duration with an intake of 100 students, vide order dated 28.09.2007 (Annexure P-1), however, subject to fulfillment of certain conditions, imposed vide order dated 28.09.2007 itself. Pursuant to the permission granted by National Council for Teacher Educationrespondent No. 4 ('NCTE' for short), petitioner-institute approached the respondent-University for provisional affiliation to the B.Ed. Course with an intake of 100 students for the session 2007-08. This provisional affiliation was granted to the petitioner vide order dated 04.10.2007 (Annexure P-2) subject to fulfillment of certain conditions imposed by the Inspection Committee and other allied conditions as per rules. Thereafter, respondent-University issued show cause notice to the petitioner as to why its provisional affiliation be not withdrawn on the basis of deficiencies pointed out by the Inspection Committee. Petitioner approached this Court by way of C.W.P. No. 15634 of 2009 which was decided by this Court vide order dated 02.02.2010 (Annexure P-3) and order issued by the respondent- University was set aside. When, in pursuance to the order dated 02.02.2010 (Annexure P-3) passed by this Court, petitioner approached the respondent-University for granting permission to the students for appearance in the examination of B.Ed. course for the academic Session 2009-10 and it was denied by the respondent- University, petitioner again approached this Court by way of C.W.P. No. 3998 of 2010. Another writ petition was filed by the students as C.W.P. No. 8588 of 2010. However, these writ petitions came to be dismissed by this Court vide order dated 25.10.2010 (Annexure P-4).