NANCY COLLEGE OF EDUCATION Vs. PUNJABI UNIVERSITY, PATIALA

JUDGEMENT

(1.) This petition seeks quashing of order dated 17.8.2007, Annexure P.20 passed by the Punjabi University, Patiala, cancelling affiliation granted to the petitioner. Further consequential relief has also been sought.

(2.) Case of the petitioner is that the petitioner is an educational institution, granted recognition by the National Council for Teachers Education (NCTE) under the provisions of National Council for Teachers Education Act, 1993 (in short, NCTE Act') after due inspection with reference to parameters laid down under the Act. Recognition was granted vide letter dated 25.7.2006, Annexure P. 2 under section 14 of the Act, for starting B.Ed. course of 2006-07 with an annual intake of 100 students. However, certain observations were made in the order of recognition which was a conditional one, namely that duly selected staff with requisite qualification will be appointed before the commencement of the academic session within 21 days from the date of issue of the order. The staff will be selected by a duly constituted selection committee. This was followed by letter dated 31.7.2006, Annexure P. 3 granting temporary affiliation by the Punjabi University, Patiala. As per norms under the National Council for Teachers Education (Recognition Norms and Procedure) Regulations 2005 (in short, 'the Regulations'), the College is required to have 2500 square meters of land with 1500 square meters of built area. The petitioner already had 5 acres of land with built area of 2600 square yards. The NCTE had given extension upto the session 2009-10 under the regulations and allowed non-NET/SLET qualified lecturers till then. The Principal is allowed to be appointed on contract basis out of Professors/Readers. On 28.7.2006, Selection Committee constituted by the University appointed five NET qualified lecturers but no other eligible lecturer being available, the petitioner appointed 4 lecturers on ad hoc basis who were not NET qualified, which was permissible upto the year 2009-10. Advertisement dated 17.9.2006 was issued for inviting applications for the posts of Principal and lecturers. Since the University nominee did not come, interview could not be held on 13.11.2006. The petitioner appointed four regular lecturers and four ad hoc lecturers. Another advertisement dated 5.12.2006 was issued but no response was received from the University. The College was not under an obligation to associate a nominee of the University for selection of its staff in view of law laid down by the Hon'ble Supreme Court in TMA Pai Foundation V/s. State of Karnataka, 2003 AIR(SC) 355 (SC)], Islamic Academy of Education and another V/s. State of Karnataka and others, 2003 AIR(SC) 3724and PA Inamdar V/s. State of Maharashtra, 2005 AIR(SC) 3226

(3.) The petitioner-Institution was included in the counselling conducted for admission to the B.Ed. course for the session 2006-07 and 100 students were allotted to the college who completed the course and out of 100 students, 98 appeared and all passed. 97 were placed in first division.