NAKSHATRA VIDYAPEETH Vs. NATIONAL COUNCIL FOR TEACHERS EDUCATION

JUDGEMENT

(1.) THE challenge in the present writ petition is to the show cause notice dated 9.11.2012 (Annexure P/10) issued by respondent no.2 -Northern Regional Committee, National Council for Teacher Education whereby the petitioner -institute was asked to submit representation by prima -facie coming to the conclusion that it did not have several faculties of department of studies to promote interdisciplinary academic activities between various departments within the Institute. Challenge has also been laid down to the order dated 28.1.2013 (Annexure P/12) whereby the said respondent after taking into consideration the application for running Bachelor of Elementary Education Course rejected the same on the ground that the educational programmes other than teacher education were not being run by the petitioner -Institute. Thereafter appeal filed by the petitioner -institute was also dismissed by respondent no.1 on 25.7.2013 (Annexure P/16) by upholding the said view.

(2.) THE respondents justified the orders passed by taking the plea that as per National Council for Teacher Education (Recognition, Norms and Procedure), Regulations, 2009 (hereinafter referred to as the NCTE Regulations, 2009 ) have force of law. It was necessary to promote inter -disciplinary academic activities between various departments within the institute and a finding of fact has been recorded that the petitioner -institute does not fulfill the requisite requirements and thus, no ground is made out for disturbing the impugned orders.

(3.) A perusal of the factual matrix would go on to show that in pursuance of public notice, the National Council for Teachers Education (hereinafter referred to as the NCTE ) invited applications for recognition of Teacher Training Courses for the academic session 2012 - 13 (Annexure P/2). The petitioner -institute applied in pursuance of the said public notice on 28.9.2011 and also applied for affiliation to the Maharishi Dayanand University, Rohtak. Various objections were raised vide letter dated 30.4.2012 (Annexure P/7) pertaining to the deposit of the FDRs, registered land documents, sanctioning of the building plan and the petitioner -institute vide letter dated 26.6.2012 (Annexure P/8 Colly) removed the said objections. On 17.9.2012, respondent no.2 wrote to the inspection team to visit the petitioner -institute and verify infrastructural and instructional facilities which created and whether they were as per NCTE norms. The team was to conduct inspection between 17.9.2012 to 30.9.2012 and notice of Clause 8(7)(ii) was brought to the notice of the visiting team that the institution was not to have any courses in the demarcated area or the building. On the basis of said inspection report given, show cause notice dated 9.11.2012 was raised. As per Clause 6 of Appendix 3 of the said Regulations the course which is of four years, having internship of a minimum of 16 working weeks in the fourth/final year of study was to be conducted by the institute which had to process the following specific demands. The said Clause reads as under: -