Madhvi Sharma vs Union Of India And Others

Court No. - 36

Case :- WRIT - C No. - 52006 of 2017 Petitioner :- Madhvi Sharma Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Pawan Kumar Mishra Counsel for Respondent :- A.S.G.I.

Hon'ble Mrs. Sunita Agarwal,J.

Sri Devendra Gupta has put in appearance on behalf of the respondents.

The prayer made by the petitioner's institution for grant of affiliation for Session 2017-18 to impart B.Ed course has been rejected with the observation therein that the deficiencies pointed out by the State Level Committee regarding the infrastructure possessed by the petitioner's institution had not been rectified within the time prescribed for grant of affiliation for the Academic Session 2017-

18. However, it would be open for the petitioner institution to apply afresh for the Academic Session 2018-19.

Submission of the learned counsel for the petitioner is that the petitioner's institution possessed all the necessary requirements i.e; the infrastructure and faculty etc for imparting B.Ed course.

The issue with regard to affiliation to B.Ed course came to be considered by the Apex Court in the case of Maa Vaishno Devi Mahila Mahavidyalaya vs. State of Uttar Pradesh and others reported in 2013 (2) Supreme Court Cases 617 wherein a time schedule has been provided by the Apex Court considering the NCTE Regulation' 2009 and the previous judgements of the Apex Court in relation to recognition and affiliation. The time schedule fixed by the Apex Court in the case of Maa Vaishno Devi Mahila Mahavidyalaya (supra) has been adopted by the NCTE vide National Council for Teacher Education (Recognition Norms and Procedure) Regulation, 2014 ( in short NCTE Regulation 2014), which came into force on 01.12.2014. As per Regulation 5, the institution eligible under Regulation 4, desirous of running a teacher education programme may apply online to the Regional Committee for recognition in the prescribed form between 1st March to 31st March of the preceding year of the Academic Session for which recognition is sought. All applications received online are to be processed between 1st March to 31st March of the said year and final decision in the matter of recognition is to be communicated to the applicant on or before 3rd March of the succeeding year i.e. for the Academic Session for which the recognition has been granted.

Regulation 8 provides conditions for grant of recognition and states that an institution shall fulfill all the conditions pertaining to the norms and standards for conducing the programme for training in teachers education such as financial resources, accommodation, library, laboratory, other physical infrastructure and qualified staff including teaching and non-teaching. The intake for admission has to be decided by the Regional Committee, NCTE, after considering the norms and the inspection report subject to fulfilment of norms and standards which are provided under Regulation 9 (Appendix 1 to Appendix 15). Regulation 8(10) further says that a formal recognition letter is to be issued under Regulation 7(16) of the NCTE Regulation, 2014 and admission shall be made by the institution only after affiliation by the University or affiliating body. As per Regulation 11(2), the affiliating body is to strictly adhere to the Schedule or academic calendar in respect of each of the programmes specified in Appendix 1 to 15 of the Regulations.

As per the time schedule provided in the case of Maa Vaishno Devi Mahila Mahavidyalaya (supra), after issuance of formal order of recognition by the NCTE, the last date for submission of the proposal for affiliation with the inspection report and comment of the forwarding authority is 10th March of each year. The final date for issuance and grant of affiliation for the relevant academic year is 10th March of that year. The Apex Court in the case of Maa Vaishno Devi Mahila Mahavidyalaya (supra) has held that the time schedule as provided therein shall be strictly adhered to by all concerned including NCTE, the State Government and the University/Examining body. In the event of disobedience of the Schedule or any attempt to overreach or circumvent the judgement of the Apex court, the person concerned shall be liable for proceedings under the Contempt of Courts Act' 1971 and even the departmental disciplinary action may be initiated against such a person, in accordance with law.

It appears that, thereafter, certain institutions approached the Apex Court and in an Interlocutory Application No.16 of 2017 filed in writ petition (Civil) No.276 of 2012). Vide judgement and order dated 02.03.2017, the last date of issuance of formal recognition by NCTE for Session 2017-18 was extended till 02.05.2017 and the last date for grant of affiliation by the concerned authority was extended till 30.05.2017. It was, however, kept open for the affiliating authority to move the Apex Court by way of a separate application, in case, it requires further time for grant of affiliation. It is not brought before this Court as to whether the affiliating body had ever approached the Apex Court for grant of further time.

Considering the fact that the time schedule fixed by the Apex Court in the matter of recognition and affiliation of the institutions seeking to run teachers training course had already been elapsed so far as the Academic Session 2017-18 is concerned and the fact that the inspection report was not submitted before the last date i.e. 30.05.2017, no direction can be given to the respondent authorities to process the application to grant affiliation for the current Academic Session 2017-18. It would, however, be open for the petitioner to move an appropriate application in the prescribed format within the time granted by the Apex Court in the case of Maa Vaishnav Devi (supra) and the NCTE Regulations, 2014.

In view thereof, the present petition is disposed of with the direction as follows:-

1. It would be open for the petitioner to move fresh application with requisite material/requirement as per the NCTE Regulations 2014 within the time prescribed. The respondent authorities are under obligation to adhere to the time schedule provided by the Apex Court for carrying out inspection and disposal of the application for grant of affiliation.

2. In case of any objection with regard to the infrastructure possessed by the institution concerned, the same shall duly be intimated to the concerned institution and the rectification, if any, made by the institution shall be considered and an appropriate decision in accordance with law, shall be taken within a short period so as to adhere to the Schedule fixed for the purpose.

In any case, the State Authorities are under obligation to follow the guidelines framed by the Apex Court and the NCTE Regulations, 2014 and in no case there shall be any deviation thereof.

Order Date :- 6.11.2017 Savita