Indo Global Education Foundation Society v. State Of Punjab
2006-02-22
S.N.AGGARWAL
body2006
DigiLaw.ai
Judgment S.N.Aggarwal, J. 1. The petitioners were running an educational institution as recognition and affiliation has been granted to them in accordance with the provisions of National Council of Teacher Education Act, 1993 (in short 1993 Act) for running B.Ed. Course. The petitioner wanted to run Elementary Teachers Training Course for which they applied to the National Council for Teacher Education (in short NCTE). Recognition was granted by respondent No. 3 vide letter dated 31.8.2004 (Annexure P-2) subject to the fulfillment of certain conditions. Thereafter, the petitioners applied to the State of Punjab for the grant of affiliation which has been declined b y respondent Nos. 1 and 2 vide their letter dated 1 5.3.2005 ( Annexure P -3). Hence, the present writ petition. 2. The submission of learned Counsel for the petitioners was that N.O.C. was not required as NCTE had issued notification dated 1.1.2004 under Section 32(2)(f)(g) of 1993 Act by which the following amendment was introduced in the relevant regulation: "(x) The requirement of NOC shall not apply to institutions already recognized by NCTE for running a B.Ed, course and seeking recognition to start a course or training in Elementary Teacher Education or from an existing elementary teacher education institution seeking permission to increase intake in such a course for a period of three years from the date of notification of these regulations in the Official Gazette. 3. The petitioners were already running B.Ed. Course which has not been denied by the respondents. Therefore, the submission of the learned Counsel for the petitioners was that they were not required to obtain NOGC for starting training in elementary Teacher Education. 4. This amendment dated 1.1.2004 made by the NCTE in the relevant regulation has been admitted by the respondents in the written reply filed by them. 5. The only objection of the respondent Nos. 1 and 2 was that this amendment had been made by the NCTE without consulting the respondent Nos. 1 and 2 and secondly NCTE was not competent to make amendment in the regulations. 6. This submission of the respondent Nos. l and 2 has no force at all. There is no provision either in the 1993 Act or in the Rules/Regulations framed thereunder which may require NCTE to consult the State before amending the regulations or the rules. At least no such provision has been brought to the notice of this Court.
6. This submission of the respondent Nos. l and 2 has no force at all. There is no provision either in the 1993 Act or in the Rules/Regulations framed thereunder which may require NCTE to consult the State before amending the regulations or the rules. At least no such provision has been brought to the notice of this Court. The NCTE is competent to make rules under Section 31 of 1993 Act and is also empowered to make regulations under Section 32 of the said Act. The amendment under reference has been made by the NCTE in exercise of the powers vested in it by Section 32(2), Clauses (f) and (g). Therefore, neither NCTE was required to consult the respondent Nos. 1 and 2 before making this amendment nor this amendment was beyond the authority of NCTE vested in it by the 1993 Act. Hence, the amendment in the said regulation made by NCTE is legal and valid. 7. In view of the amendment in the regulations as discussed above, the petitioners were not required to obtain NOC from the respondent Nos. l and 2. Acknowledging the said fact that NOC was not required, the NCTE has also issued recognition to the. petitioners for running training in Elementary Teacher Education without asking for the NOC. 8. Once recognition has been granted by the competent authority and apex body of teachers education the respondents Nos. 1 and 2 were bound to grant affiliation as per provisions of Section 14(6) of 1993 Act. Sub-section 6 of Section 14 of 1993 Act reads as under: (6) Every examining body shall, on receipt of the order under Sub-section (4),- (a) grant affiliation to the institution, where recognition has been granted; or (b) cancel the affiliation of the institution, where recognition has been refused, 9. The other objection taken by the respondent Nos. l and 2 is that more than 4000 trained elementary teachers and more than 50000 B.Ed teachers are in the queue awaiting for their turn for a job. It was also pleaded that there were 17 District Institutes of Elementary Teacher Training being run by the State which produce about 3400 Elementary Teachers annually and the respondent-State is unable to afford jobs to those trained teachers.
It was also pleaded that there were 17 District Institutes of Elementary Teacher Training being run by the State which produce about 3400 Elementary Teachers annually and the respondent-State is unable to afford jobs to those trained teachers. It was submitted that if the petitioner are also permitted to run the Elementary Teachers Training Course then the number of unemployed trained teachers would increase which would create unmanageable problem for the respondent-State. 10. This submission has failed to convince this Court. There is no provision in the Act if affiliation can be denied by taking such pleas. It does not mean that imparting of education has to be stopped merely because it would increase the number of unemployed educated youth. Hence, this plea taken by the respondents has no merit at all. 11. In view of the discussion held above, it is held that since the petitioners have obtained recognition from the highest educational body, t he respondent-State is legally bound to grant affiliation. At the same time, the petitioners are to comply with the conditions laid down in the letter of recognition dated 31.8,2004, before commencement of academic session. Therefore, the petitioners must comply with those conditions and file an affidavit with respondent Nos. l and 2 to that effect. The respondents shall grant affiliation within three weeks after the petitioners file the affidavit of compliance of the terms and conditions laid down in the letter of recognition. After the petitioner- Institution is affiliated, it will be included in the list of recognized and affiliated institutions for admission of students in the current academic year. This petition is accordingly allowed in the terms stated above.