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Rajasthan High Court · body

1997 DIGILAW 1101 (RAJ)

Anop Singh Ratnu v. Maharishi Dayanand Saraswati University, Ajmer

1997-09-09

P.P.NAOLEKAR

body1997
Honble NAOLEKAR, J.–Since this petition and Schedule A petitions involve common questions of law and facts, therefore, they are being disposed of by this common order. (2). In these batch of petitions, the petitioners have challenged the action of the respondent Maharishi Dayanand Saraswati University, Ajmer (hereinafter refe-rred to as `the University) authorised representative of the State Govt., issuing a corrigendum dated 23.5.97 to the advertisement of the notification inviting applications for entrance examination to Pre-Education Test, 1997. (3). The University has been authorised and interested by Education (Gr.I) Department, Govt. of Rajasthan vide its letter No.12(2) Shiksha -1/95 Part dated5.3.97 to conduct the test for B.Ed. and shiksha Shastri for 1997-98 which are being conducted by the University from many a years. For admission to B.Ed./Shiksha Shastri Courses in various Teachers Training Institutions in the State of Rajasthan, a competitive test for selection of candidates viz., Pre-Teachers Education Test (P.T.E.T.) was arranged by the University for the session 1997-98 and a notificationto that effect was issued on 15.4.97. The minimum eligibility criteria for entrance examination under the notification was that the candidate must have minimum of 40% marks at the Bachelors or the Masters degree examination of the Maharishi Dayanand Saraswati University, Ajmer or of any other University recognised as equivalent to the University. The last date for submission of the form was fixed as1.5.97. Before the examination was conducted, which was held on 15.6.97 a corrigendum was issued by the University on 23.5.97. The corrigendum contains that for P.T.E.T. of 1997, for admission to the courses of B.Ed. and Shiksha Shastri, the minimum marks, to be qualified to appear in the examination, was fixed at 45% marks at the Bachelors or Masters Degree examination of Maharishi Dayanand Saraswati University, Ajmer or of any other University recognised as equivalent to the University. This is so done to bring it with parity of the regulations, instructions issued under the National Council for Teachers Education Act, 1993 (hereinafterreferred to as `the Act) as per the directions of the State Govt. By the corrigendum, the application forms of the candidates securing less than 45% marks had been cancelled and they were advised not to appear in the examination even if the admission forms are issued to them. It is this corrigendum, which is under challenge in these petitions. (4). By the corrigendum, the application forms of the candidates securing less than 45% marks had been cancelled and they were advised not to appear in the examination even if the admission forms are issued to them. It is this corrigendum, which is under challenge in these petitions. (4). It is submitted by the counsel appearing for the petitioners that the corrigendum issued is arbitrary, unjust and encroach upon the petitioners right to appear in the entrance examination of P.T.E.T., 1997 under the advertisement of the University. The corrigendum is issued in flagrant violation of Art.14 of the Constitution and is liable to be struck down. (5). The National Council for Teachers Education Act, 1993 received the assent of the President on 29.12.93. The Act was brought into force to provide for the establishment of a National Council for Teachers Education with a view to achieving planned and co-ordinated development of the teacher education system throughout the country, the regulation and proper maintenance of norms and stan-dards in the teacher education system and for matters connected therewith. Section 3 of the Act provides for establishment of the Council by the Central Govt. by notification in the Official Gazette. The National Council for Teacher Education shall consist of a Chairperson to be appointed by the Central Govt.; a Vice-Chairperson to be appointed by the Central Govt.; a Member-Secretary to be appointedby the Central Govt.; the Secretary to the Govt. of India in the Department dealing with Education ex officio; the Chairman, University Grants Commission established under Section 4 of the University Grants Commission Act, 1956 or a member thereof nominated by him, ex- officio; the Director, National Council of Education Research and Training, ex-officio; the Director, National Institute of Educational Planning andAdministration, ex-officio; the Adviser (Education), Planning Commission, ex-officio; the Chairman, Central Boards of Secondary Education, ex-officio; the Financial Adviser to the Government of India in the Department dealing with Education, ex-officio; the Member- Secretary, All India Council for Technical Education, ex-officio; the Chairperson of all Regional Committee, ex-officio; thirteen persons posse-ssing experience and knowledge in the field of education or teaching to be appointed by the Central Govt. as under, from amongst the– (i) Deans the Faculties of Education and Professors of Education in Universities (ii) Experts in secondary teacher education (iii) Experts in pre-primay and primary teacher education (iv) Experts in non-formal education and adult education (v) Experts in the field of natural sciences, social sciences, linguistics, vocational education, work experience, educational technology and special education, by rotation, in the manner prescribed.nine Members to be appointed by the Central Govt. to represent the States and Union territory Administrations in the manner prescribed; three members of Parliament of whom one shall be nominated by the Chairman of the Council of States and two by the Speaker of the House of the People; three Members to be appointed by the Central Govt. from amongst teachers of primary and secondary education and teachers of recognised institutions. The constitution of the committee thus shows that it shall consist of scholarly imminent personnels from the education field possessing expertise and rich experience of actual working of educational institutions, the day to day realities and grass root problems involved in the working of the system, who are well versed in imparting education. Chapter III of the Act lays down functions of the Council. Section 12 lays down that it shall be the duty of the Council to take all such steps as it may think fit for ensuring planned and co-ordinated development of teacher education and for determination and maintenance of standards for teacher education. Section 12(e) authorises the Councilto lay down norms for any specified category of courses or trainings in teacher education, including the minimum eligibility criteria for admission thereof, and the method of selection of candidates, duration of the course, course contents and mode of curriculum. Section 14 requires every institution offering or intending to offer a course or training in teacher education on or after the appointed day to berecognised under the Act. This section requires that any institution providing a course or training in teacher education to make an application to the Regional Committee for obtaining a recognition. An institution offering a course or training in teacher education immediately before the appointed day, shall be entitled to continue such course or training for a period of six months and would be requiredto obtain recognition. An institution offering a course or training in teacher education immediately before the appointed day, shall be entitled to continue such course or training for a period of six months and would be requiredto obtain recognition. Sub-section (4) of Sec. 17 provides that any institution offering any course or training in teacher education after the coming into force of the order is not recognised as required under the Act, then the qualification in teacher education obtained pursuant to such course or training or after undertaking a course or training in such institution, shall not be treated as a valid qualificationfor purposes of employment under the Central Govt., any State Govt. or University, or in any school, college or other educational body aided by the Central Govt. or any State Govt. The aforesaid provision makes it abundantly clear that unless and until an institution gets recognition, the course conducted, a degree certificate issued by it, shall have no practical value as the students securing any degree orcertificate will not be employed by the Central Govt., State Govt., University, or in any school, college or other educational body aided by the Central Govt. or any State Govt. (6). Under the Act the National Council for Teacher Education was established and vested with statutory authority for ``achieving planned and coordinated develo-pment of the teacher education system throughout the country, the regulation and proper maintenance of norms and standards in the teacher education system and for matters connected therewith and in order to meet these allegations, the NCTE has laid down specified conditions called norms and standards for teacher education for different stages and programmes of teacher education. They were publishedin the Gazette of India dated 24.2.96. Clause 8.1 of the norms is in regard to admission criteria, which reads as under:- ``8.1 Admission criteria : Essential : The standard of future teacher will depend on the standard of the stu- dents admitted to the institution of teacher education. The admission criteria to B.Ed. or Masters Degree Courses will have to be progressively upgraded. To begin with the admission criteria may be fixed as at least 45% marks on the aggregate at the Bachelors degree examination of a recognized University provided the applicant has offered subjects relating to school education at the first or second degree level. The relaxation for SC/ST and other candidates will operate as per respective State Rules. To begin with the admission criteria may be fixed as at least 45% marks on the aggregate at the Bachelors degree examination of a recognized University provided the applicant has offered subjects relating to school education at the first or second degree level. The relaxation for SC/ST and other candidates will operate as per respective State Rules. Desirable : It is desirable to fix admission criteria as 50% of aggregate marks at the degree examination with two school subjects or one broad curricular area. Under the norms laid down, the minimum criteria is fixed at 45% marks on the aggregate at the Bachelors degree examination of a recognised University. (7). The role of teacher is crucial in any programme of education and it is necessary to have well qualified teachers who have not only academic and professional competencies of a high order, but also earnest responsibility and commit-ment to strive constantly to raise student learning, capability and achievement and make them increasingly autonomous and self actualizing persons. Without such good teachers, it is not possible to improve education. The National Policy on Education, 1986 states : ``The status of the teacher reflects the socio-cultural ethos of a soceity; it is said that no people can rise above the level of their teachers. TheApex Court had an occasion to consider the important role required to be played by teachers and their importance in upgrading of education standards and the moral fibre of the students in the case of Andhra Kesari Education Society vs. Director of School Education (1) when it has said as under:- ``Though teaching is the last choice in the job market, the role of tea- cher is central to all processes of formal education. The teacher alone could bring out the skills and intellectual capabilities of students. He is the `engine of the educational system. He is a principal instrument in awakening the child to cultural values. He needs to be endowed and energised with needed potential to deliver enlightened service expected of him. His quality should be such as would inspire and motivate into action the benefiter. He must keep himself abreast of ever changing conditions. He is not to perform in a wooden and unimaginative way. He must eliminate fissiparous tendencies and attitudes and infuse nobler and national ideas in younger minds. His involvement in national integration is more important, indeed indispensable. (8). He must keep himself abreast of ever changing conditions. He is not to perform in a wooden and unimaginative way. He must eliminate fissiparous tendencies and attitudes and infuse nobler and national ideas in younger minds. His involvement in national integration is more important, indeed indispensable. (8). On another occasion in the case of State of Maharashtra vs. Vikas Sahebrao Roundale and others (2), the Court observed as under:- ``The teacher plays pivotal role in moulding the career, character and moral fibres and aptitude for educational excellence in impressive young children. The formal education needs proper equipment by the teachers to meet the challenges of the day to impart lessons with latest techniques to the students on secular, scientific and rational outlook. A well equipped teacher could bring the needed skills and intellectual capabilities of the students in their pursuits. (9). The teachers role cannot be doubted to achieve the standards expected of students they teach, which would naturally require an intellectual capacity and capability coupled with a keen and incisive mind, sound knowledge of the basic subject. This intellectual capacity and capability and knowledge of he subjects isbeing judged from the marks secured in the examinations by the (teacher) students. The condition of fixing 45% marks for admission to the B.Ed. or Shiksha Shastri courses cannot be said to be an arbitrary act on the part of the University considering the role they have to play in future as teachers. Apart from the fact that 45% aggregate marks were fixed in accordance with the standards laid down bythe NCTE a body of eminent persons in the field of education. If the standards laid down by the Council are not being adhered to by the University or State, the institutions of the State will be facing the problem of de-recognition of the institution. The norms and standards for teachers education institutions are laid down by the Council as required by Sec. 12(e) of the Act. The norms and standards have been prepared by the Council, which consist of the persons, who are well qualified to lay down the qualifications in the education field. In the education field, it is better to leave it to the experts to judge and determine what is wise, prudent and proper. Considering all the factors, fixation of the 45% as minimum qualification marks for the students to take admission to the B.Ed. In the education field, it is better to leave it to the experts to judge and determine what is wise, prudent and proper. Considering all the factors, fixation of the 45% as minimum qualification marks for the students to take admission to the B.Ed. for Shiksha Shastri is just and is in accordance with law. It cannot be said to be an arbitrary or unjust act on the part of the University. (10). It is then argued by the learned counsel for the petitioners Mr. Govind Mathur that fixation of 45% aggregate marks as an admission criteria is only direc-tory and not mandatory and thus, when the University has already issued an advertisement fixing the admission criteria of 40% marks, the students should have been permitted to appear on the basis of that criteria in the 1997 examination. I do not agree with the submission of the counsel. From the reading of clause 8.1, it is manifest that 45% of the aggregate marks is a minimum criteria laid down and themarks should not be less than 45%. Thus, the admission criteria should not be 40% after the introduction of the norms and standards for teachers institutions. Clause 8.1 states that the admission criteria to B.Ed. or Masters Degree Courses will have to be progressively upgraded. To begin with the admission criteria may be fixed as at least 45% marks on the aggregate. The words ``to begin with and ``at least 45%are significant. The clause requires that at the beginning, the criteria may be fixed as at least 45% marks with aggregate. Clause 8.1 further provides that it is desirable to fix admission criteria as 50% of aggregate marks at the degree examination. So the desirability is 50% but to begin with, the aggregate is fixed at 45% by the Council. On the face of the admission criteria fixed, by the National Council, the State or theUniversity cannot conduct a examination of the students who have secured less than 45% marks with aggregate for admission to B.Ed. or Shiksha Shastri. The students securing less than 45% marks would not be eligible to seek an admission to the examination. Clause 8.1 is mandatory and requires compliance. (11). or Shiksha Shastri. The students securing less than 45% marks would not be eligible to seek an admission to the examination. Clause 8.1 is mandatory and requires compliance. (11). Further submission made by the petitioners counsel is to the effect thatby issuing and laying down the eligibility criteria of 40% aggregate marks in graduation/Post-graduation for entrance examination, 1997, the University has made unimpeachable promise to the petitioners to appear in the entrance test on achieving that criteria. The University or the State cannot resile from that promise and lay down new eligibility criteria. The respondents are estopped to act contrary to thepromise made. The estoppel is a principle which precludes a party from alleging or proving in legal proceedings that a fact is otherwise than it has appeared to be from the circumstances. Apart from estoppel from record and estoppel by deed, a promissory estoppel arises where a party has expressly or impliedly, by conduct or by ne-gligence, made a statement of fact or so conducted himself, that another would reasonably understand that he might act in reliance thereon, and has so acted, that the party who made the representation is not allowed to allege that fact is otherwise than he has represented it to be. For the applicability of promissory estoppel against the Govt., it must be established (i) that there was a definite representation by theGovt.; (ii) that the persons to whom the representation or promise was made in fact altered their position by acting upon such representation or promise; and (iii) that they suffered some prejudice sufficient to constitute an estoppel. The advertisement issued fixing the admission for entrance test of 1997 and showing therein that 40% marks will be the minimum qualification could not be said to be a promisemade to any person either to permit him to appear in the examination on the same criteria or for admission to the course. It is only an invitation to apply to appear in the examination on the criteria laid down. It does not mean that the criteria cannot be changed. The criteria laid down in the advertisement does not create any right in the petitioners to appear in the examination on that criteria alone and none else. There is no question of petitioners altering their position on the basis of the advertisement. This apart, none can be compelled to act against the statute, the Govt. The criteria laid down in the advertisement does not create any right in the petitioners to appear in the examination on that criteria alone and none else. There is no question of petitioners altering their position on the basis of the advertisement. This apart, none can be compelled to act against the statute, the Govt. or the public authority cannot be compelled to make a provision which is contrary to law. Thus, the norms and standards having been laid down by the Council, fixing 45% aggregate marks essential, as admission criteria, the fixation of lower aggregate marks criteria would be contrary to law, beyond the competence and would be outside the authority or power of the University. The advertisement issued on 23.5.97 would not act as estoppel against the respondent from changing the criteria of marks which is in consonance with the norms and standards fixedby the National Council for Teacher Education. (12). For the reasons stated above, the petitions are dismissed. However, since the petitioners are students, there shall be no order as to costs.