KRISHMA EDUCATIONAL CENTRE Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioner No. 1 Krishma Educational Centre is an Educational Institution which was granted recognition by the National Council for Teacher Education, Northern Regional Committee, Jaipur on 7th July, 2003 for conducting B. Ed. Course of one year duration w. e. f. the Academic Session 2003 -2004. Pursuant to the grant of the aforesaid recognition by NCTE, Northern Regional Committee, Jaipur, Himachal Pradesh University vide its communication dated September 18, 2003 granted provisional affiliation to this Institution to run the aforesaid B. Ed. Course with an intake capacity of 100 students for the Academic Sessions 2003 -2004.

(2.) It appears that NCTE, a statutory body under the aegis of Government of India and entrusted with the task of overseeing the imparting of education of B. Ed, and Elementary Teacher Education Programmes etc. in the Country formulated a policy that such institutions which already are imparting education in B. Ed. Courses and which are willing to start new Elementary Teachers Education Course would not require a No Objection Certificate from the State Government. In the State of H.P., Elementary Teacher Education Course is known by the name of J.B.T. and it is a common knowledge that before an Institution starts such a course, an NOC is required for this purpose from the State Government. NCTE, therefore, perhaps with a view to expanding the elementary teacher programmes in the country and to provide effective and adequate opportunities to all concerned formulated the aforesaid policy, whereby it dispensed with the requirement of such Institutions which were already running B. Ed. Courses of obtaining No Objection Certificate from the State Government for starting a new Course in J.B.T. Actually, the NCTE went as far as to issue a Public Notice with respect to the aforesaid fact of No Objection Certificate not being required from the State Government for a period of three years for -the aforesaid purpose.

(3.) Encouraged by the aforesaid positive attitude and the aforesaid favorable change in Policy of the NCTE, vide communication dated January 17, 2004 NCTE itself disseminated general information with respect to the submission of application form for recognition of the Elementary Teacher Training Course in which it inter alia informed the concerned parties as under: "3. No NOC is required to be submitted by the institutions for a period of three years, which are already recognized by NCTE for running a B. Ed, course and seeking recognition to start a course or training in Elementary Teacher Education or by an existing Elementary Teacher Education Institution seeking permission to increase in intake in such a course. (According to NCTE Regulation F. No. 53 -3/2000/NCTE (N&S) dated 1st January, 2004).