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Madhya Pradesh High Court · body

2007 DIGILAW 1298 (MP)

JAN SEVA SHIKSHA SAMITI v. STATE OF MP

2007-12-14

DIPAK MISRA, R.K.GUPTA

body2007
Judgment DIPAKMISRA, J. ( 1. ) The basic and fundamental issue that emanates for consideration in this batch of writ petitions being similar, despite the endeavour by the petitioners to pyramid a different structure, because of the language employed in the orders passed by the recognising authority, the NCTE under the NCTE Act, 1993 [for brevity the 1993 Act], they were heard analogously and are disposed of by the singular order. Be it noted, counter affidavit filed in certain cases have been adopted in all the cases regard being had to the nature and character of the grievance. For the sake of convenience we shall exposit to the basic facts enumerated in Oxford Society of Education vs. State of M.P. and ors. (W.P. No. 8475/07) and thereafter refer to the different categories of orders passed by the recognising authority and dwell upon the legal effect of the same. ( 2. ) The petitioner, Oxford Society of Education, Social Welfare and Health Care, is a registered society under the M.P.Registrikaran Adhiniyam, 1973. The said society is running a Sadguru Shikshan Mahavidyalaya (B.Ed. College). The said society applied for "No Objection Certificate from the School Education Department and the same was issued on 31.12.2004. After obtaining Wo Objection Certificate as per Annexure-P-2 the petitioner applied for recognition before the National Council for Teacher Education (NCTE) and the same, as setforth, was granted on 09.8.2005. The final recognition, as pleaded, was granted to the petitioner-society by the NCTE as per the order dated 26.12.2006 as contained in Annexure-P-4. Despite the issue of the aforesaid recognition, the Department of Higher Education refused to issue NOC to the petitioner-society for the subsequent years. This compelled the petitioner to file "a writ petition, W.P.8315/2005 which was disposed of on 12.8.2005 with certain directions. In compliance of the order of this Court the Higher Education Department issued the No Objection Certificate for conducting B.Ed. Course for the academic session 2005-06 vide letter dated 10.11.2005. The said No Objection Certificate was continued by letter dated 09.2.2007 with certain conditions. As setforth, the Higher Education Department had issued an earlier circular enumerating certain conditions for grant of "No Objection Certificate. It is contended that in pursuance of letter dated 09.2.2007 contained in Annexure-P-7 the petitioner fulfilled all the required formalities by submitting an application on 30.4.2007 to the Commissioner, Higher Education. As setforth, the Higher Education Department had issued an earlier circular enumerating certain conditions for grant of "No Objection Certificate. It is contended that in pursuance of letter dated 09.2.2007 contained in Annexure-P-7 the petitioner fulfilled all the required formalities by submitting an application on 30.4.2007 to the Commissioner, Higher Education. It also submitted an application for continuation of "NOC for the academic session 2007-08 before the Commissioner. The same was cancelled as per communication dated 18.5.2007. Against the aforesaid communication an appeal was preferred before the Principal Secretary, Higher Education on 04.6.2007. The Secretary, Higher Education rejected the appeal of the petitioner by order dated 12.6.2007 without considering the law in force. ( 3. ) It is urged in the petition that once No Objection Certificate has been granted there is no necessity for further orders regarding continuance of the same. It is putforth that the Executive Council of the concerned University has taken a decision on 30.12.2006 on the basis of the instructions of NCTE that the obtaining of "NOC from the State Government is not requisite formality. It is pleaded that the State Government ought to have decided that B.Ed. Courses is covered under the NCTE Act and, therefore, neither the State Government nor the Department of Higher Education could have interfered by taking recourse to the concept of grant of No Objection Certificate. It is also highlighted that the final recognition has been granted in favour of the petitioner-institution by the NCTE for conducting B.Ed. Course and after grant of recognition by the said authority the State Government has no role to interfere and entrench in the matter and the grant of affiliation by the University is automatic. In this factual backdrop a prayer has been made for issue of a writ of certiorari for quashing of order dated 20.5.2007 contained in Annexure-P-15 and to command the respondents to continue Ifo Objection Certificate for the academic session 2007-08 which had already been granted in favour of the petitioner-institution. ( 4. ) A counter affidavit has been filed in the Writ Petition No. 11430/2007 by the respondents No. 1 and 2, namely, State of Madhya Pradesh and the Commissioner, Higher Education Department which has been adopted in all the cases. ( 4. ) A counter affidavit has been filed in the Writ Petition No. 11430/2007 by the respondents No. 1 and 2, namely, State of Madhya Pradesh and the Commissioner, Higher Education Department which has been adopted in all the cases. It is contended that in similar cases the challenge is to the refusal of grant of No Objection Certificate by the Department of Higher Education as die institutions are not fulfilling the requirement laid down by the Department of Higher Education and State of Madhya Pradesh on the ground that the State has no authority to refuse No Objection Certificate for the purpose of running of B.Ed. Course. Reference has been made to Section 3 of the 1993 Act and Section 20 of the Act. Emphasis has been laid on Section 12 which provides for the functioning of the Council. It is emphasized that Section 12(f) lays down the guidelines for compliance by recognized institutions for starting new courses or training and for providing physical and institutional facilities, staffing pattern and staff qualification. According to Section 14 of the Act, every institution which is desirous of starting a course of training in Teacher Education is required to make an application to the Regional Committee in the prescribed format alongwith the requisite fee. On receipt of tile application, the Regional Committee of the concerned area after processing, on being satisfied that such institution is having adequate financial resources, accommodation, library, qualified staff, laboratory and other conditions as prescribed for the purpose, can grant recognition. Sub-section (4) of Section 14 specifically provides that every order of granting or refusing recognition shall be published in the official gazette and information in this regard shall be sent to the Central Government, State Government and the Examining body and as per sub-section (6) every examining body on receipt of an order under Sub-section (4) of Section 14 granting or refusing recognition has to grant affiliation or cancel affiliation meaning thereby that if the Regional committee is satisfied about the law laid down requirement recognition has to be granted and there upon the examining body has to act in accordance with die intention of sub-section (6). It is putforth that a set of Regulations has been framed in exercise of the powers conferred under Section 32 of the Act. It is putforth that a set of Regulations has been framed in exercise of the powers conferred under Section 32 of the Act. The said regulation, namely, National Council for Teacher Education (Recognition Norms and Procedure) Regulations, 2005 (hereinafter referred to as the 2005 Regulations) have come into force. Regulation 5 speaks about the manner of making application and Regulation 7 deals with processing of applications by the Regional Committee. According to Regulation 7(2)(iv) a written communication alongwith a copy of the application form submitted by the institution (s) of the concerned State / U.T. is required to be sent to the State Government/U.T. Administration concerned. Regulation 7(3) stipulates that on receipt of communication from NCTE or the Regional Committee, the State Government shall furnish its recommendations on the application to the concerned Regional Committee within 60 days from the receipt of the Communication from the Regional committee and if no communication is received within the stipulated period of 60 days it shall be presumed that the State Government has no recommendation to make. Regulation 8 deals with conditions for grant of recognition and according to the same an institution must fulfill all the the norms fixed by the NCTE for the B.Ed. Course and being satisfied about the norms the NCTE shall issue unconditional letter of recognition in favour of the institution and thereafter the institution can proceed with the process of admission after obtaining affiliation from the examining body. It is contended that the 1993 Act and the 2005 Regulations prescribe complete procedure for granting recognition to an institution for starting B.Ed course and in the process of granting of recognition the State Government as well as the Examining Body, i.e., University has been given specific role. A reference has been made to Section 24(xii) and Section 26(i) of the M.R Vishwavidyalaya Adhiniyam, 1973 to highlight that under the said enactment, the Commissioner, Higher Education has framed guidelines before issuance of the NOC for opening/continuance of any new college and as the guidelines have been framed it is not apposite to contend on the part of the petitioner that the State Government has no role for grant of No Objection Certificate. Emphasis has been laid on the aspect that NCTE while granting recognition has imposed certain conditions in the letter itself and the language employed therein categorically postulates subject to the conditions, recognition has been granted, one such condition is that subject to fulfillment of all other such requirement as may be prescribed by the other regulatory body like UGC and State". It is put forth that the NCTE has not acted in accordance with the Act and the Regulations inasmuch as Regulation 8(10) stipulates in a very specific manner that an institution can proceed with the process of admission only on obtaining the letter of recognition from the Regional Committee and affiliation from the Examining Body. In view of this the action of the State Government directing the institutions to adhere to the guidelines framed by the High Education Department is just and proper because it is the duty of the State Government to maintain minimum prescribed standard in the field of education. It is further urged that during the pendency of the present petitions by letter dated 20.8.2007 the Central Government has taken note of uneven and disproportionate growth in number of recognition granted by the Western Regional Committee of NCTE by ignoring the actual demand of teachers in a particular State and directed for review of the recognition granted by the NCTE, in exercise of power under Section 29 of the Act and has further directed that no recognition be granted till further orders. In compliance of the aforesaid order the NCTE has issued a letter on 22.8.2007 directing that no action be taken for grant of recognition and meeting of the Western Regional Committee. The said letters have been brought on record as Annexures-R-1 and R-2 respectively. It is further asseverated that the recognition in some cases have been granted for the academic session 2005-06 and there is nothing on record to show that the recognition has been granted by the NCTE thereafter. As NOC has not been obtained from the Department of Higher Education they are not entitled to the affiliation from the University and hence, the institution is not entitled for taking part in the counselling for B.Ed. Examination. ( 5. ) A return has been filed by the University stating that unless No Objection Certificate is obtained from the State Government it is difficult on the part of the University to grant affiliation. Examination. ( 5. ) A return has been filed by the University stating that unless No Objection Certificate is obtained from the State Government it is difficult on the part of the University to grant affiliation. It is also contended by the University that unless recognition is granted under Section 14(6) of the 1993 Act the institute despite being permitted for counselling cannot admit the students. ( 6. ) A return has been filed by the NCTE contending, inter alia, that the petitioner has been allotted a Code and is recognized by NCTE by letter dated 22.6.2006 passed under Section 14 of the 1993 Act. It is putforth that NCTE has been established in the year 1995 as an Apex body on the subject of "Teacher Education" under the NCTE Act, which was framed under Entry 66 of List I of the Seventh Schedule of the Constitution of India and the provisions of the said Act would prevail over the State Act which is inconsistent with the provisions of the said law. Reliance has been placed on Section 14(6) of the Act which provides that every examining body shall on receipt of the order under sub-section (4) grant affiliation to the institution where recognition has been granted. It is setforth that it is not open to the State Government or other State authorities including the University to refuse permission or affiliation to the recognized teacher education institutions reiving on any of the provision of State laws or on policy consideration as the power to make the policy is co-extensive with the power to legislate. As the State Government cannot legislate on the subject of teacher education it cannot formulate any policy. It is urged that when NCTE has granted recognition after detailed examination and verification of physical and instructional infrastructure as per the statutory regulations and come to the conclusions that the institution fulfills the prescribed norms and standards the State Government cannot interfere to make it ineffective. The final authority to pass the order of recognition vests with the NCTE and the role of the State Government is only recommendatory in nature and the said recommendations are not binding on the NCTE. Neither the State Government nor the University has any authority to oppose the act of the NCTE as that is not permissible in law. ( 7. ) We have heard the learned counsel for the petitioners, Mr. Neither the State Government nor the University has any authority to oppose the act of the NCTE as that is not permissible in law. ( 7. ) We have heard the learned counsel for the petitioners, Mr. Dharmendra Sharma, learned Assistant Solicitor General for Union of India, Mr. Deepak Awasthi, learned Govt. Advocate for the State, Mr. Ashok Chakrawarti, learned counsel for the NCTE, Mr. Tapan Trivedi, Mr. P.K. Kaurav and Mr. Vibhuvendra Mishra, learned counsel appearing for various universities. ( 8. ) To appreciate the controversy that has emerged in this bunch of cases, it is thought seemly to refer to Section 14 of the 1993 Act:- "14. Recognition of institutions offering course or training in teacher education." (1) Every institutions offering or intending to offer a course or training in teacher education on or after the appointed day, may, for grant of recognition under this Act, make an application to the Regional Committee concerned in such form and in such manner as may be determined by regulations: Provided that 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, if it has made an application for recognition within the said period and until the disposal of the application by the Regional Committee. (2) The fee to be paid along with the application under sub-section (1) shall be such as may be prescribed. (2) The fee to be paid along with the application under sub-section (1) shall be such as may be prescribed. (3) On receipt of an application by the Regional Committee from any institution under sub-section (1), and after obtaining from the institutions concerned such other particulars as it may consider necessary, it shall,- (a) if it is satisfied that such institutions has adequate financial resources, accommodation, library, qualified staff, laboratory and that it fulfils such other conditions required for proper functioning of the institutions for a course or training in teacher education, as may be determined by regulations, pass an order, granting recognition to such institutions, subject to such conditions as may be determined by regulations; or (b) if it is of the opinion that such institutions does not fulfil the requirements laid down in sub-clause (a), pass an order refusing recognition to such institutions for reasons to be recorded in writing: Provided that before passing an order under sub-clause (b), the Regional Committee shall provide a reasonable opportunity to the concerned institutions for making a written representation. (4) Every order granting or refusing recognition to an institutions for a course or training in teacher education under sub-section (3) shall be published in the Official Gazette and communicated in writing for appropriate action to such institution and to the concerned examining body, the local authority or the State Government and the Central Government. (5) Every institution, in respect of which recognition has been refused shall discontinue the course or training in teacher education from the end of the academic session next following the date of receipt of the order refusing recognition passed under clause (b) of sub-section (3). (6) Every examining body shall, on receipt of the order under subsection (4),- (a) grant affiliation to the institution, where recognition has been granted; or (b) cancel die affiliation of the institution, where recognition has been refused." ( 9. (6) Every examining body shall, on receipt of the order under subsection (4),- (a) grant affiliation to the institution, where recognition has been granted; or (b) cancel die affiliation of the institution, where recognition has been refused." ( 9. ) On a scanning of the anatomy of the aforesaid provisions it is clear as day that an application has to be submitted in such a manner as may be determined by the Regulations and the application shall be considered by the Regional Committee which shall record its satisfaction that such an institution has adequate financial resources, accommodation, library, qualified staff, laboratory and it fulfills other such conditions required for proper functioning of the institution to offer a course or training in teacher education, as may be determined by the Regulations and thereafter pass an order granting recognition to such institution subject to such conditions as may be determined by the Regulations. Sub-section (4) postulates that grant or refusal of tile order shall be published in the official gazette and communicated in writing for appropriate action to such institution and to the concerned examining body, the local authority or the State Government and the Central Government. Sub-section (6) stipulates that on receipt of the order under sub-Section (4) the examining body shall grant affiliation to the institution where recognition has been granted. ( 10. ) In this context we may profitably refer to Section 15 of the 1993 Act, which reads as under: "15. Permission for a new course or training by recognised institution." (1) Where any recognised institution intends to start any new course or training in teacher education, it may make an application to seek permission therefor to the Regional Committee concerned in such form and in such manner as may be determined by regulations. (2) The fees to be paid along with the application under sub-section (1) shall be such as may be prescribed. (3) On receipt of an application from an institution under subsection (1), and after obtaining from the recognised institution such other particulars as may be considered necessary, the Regional Committee shall,- (a) if it is satisfied that such recognised institution has adequate financial resources, accommodation, library, qualified staff, . (3) On receipt of an application from an institution under subsection (1), and after obtaining from the recognised institution such other particulars as may be considered necessary, the Regional Committee shall,- (a) if it is satisfied that such recognised institution has adequate financial resources, accommodation, library, qualified staff, . laboratory and that it fulfils such other conditions required for proper conduct of the new course or training in teacher education, as may be determined by regulations, pass an order granting permission, subject to such conditions as may be determined by regulation; or (b) if it is of the opinion that such institution does not fulfil the requirements laid down in sub-clause (a), pass an order refusing permission to such institution, for reasons to be recorded in writing; Provided that before passing an order refusing permission under sub-clause (b) the Regional Committee shall provide a reasonable opportunity to the institution concerned for making a written representation. (4) Every order granting or refusing permission to a recognised institution for a new course or training in teacher education under sub-section (3), shall be published in the Official Gazette and communicated in writing for appropriate action to such recognised institution and to the concerned examining body, the local authority, the State Government and the Central Government." ( 11. ) In this regard it is also fruitful to refer to Section 16 of the 1993 Act. The said provision reads as under: - "16. Affiliating body to grant affiliation after recognition or permission by the Council." Notwithstanding anything contained in any other law for the time being in force, no examining body shall, on or after the appointed day,- (a) grant affiliation, whether provisional or otherwise, to any institution; or (b) hold examination, whether provisional or otherwise, for a course or training conducted by a recognised institution, unless the institution concerned has obtained recognition from the Regional Committee concerned, under section 14 or permission for a course or training under section 15." ( 12. ) Section 20 deals with the power of the Council to establish regional committees. Section 21 confers the power on the Council to terminate the Regional Committee. Section 29 provides for directions by the Central Government. The said provision being relevant for the present purpose is quoted below:- "29. Directions by the Central Government. ) Section 20 deals with the power of the Council to establish regional committees. Section 21 confers the power on the Council to terminate the Regional Committee. Section 29 provides for directions by the Central Government. The said provision being relevant for the present purpose is quoted below:- "29. Directions by the Central Government. (1) The Council shall, in the discharge of its functions and duties, under this Act be bound by such directions on questions of policy as the Central Government may give in writing to it from time to time." (2) The, decision of the Central Government as to whether a question is one of policy or not shall be final." ( 13. ) Section 32 deals with the power of the Council to make regulations. Tl said provision is reproduced hereunder "32. Power to make regulations. ) Section 32 deals with the power of the Council to make regulations. Tl said provision is reproduced hereunder "32. Power to make regulations. (1) The Council may, by notification in the Official Gazette, make regulations not inconsistent with the provisions of this Act and die rules made thereunder, generally to carry out the provisions of this Act." (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:- (a) the time and the place of the meetings of the Council and the procedure for conducting business thereat under sub-section (1) of section 7; (b) the manner in which and the purposes for which persons may be co-opted by the Council under sub-section (1) of section 9; (c) the appointment and terms and conditions of service of officers and other employees of the Council under sub-sections (1) and (2) respectively of section 19; (d) The norms, guidelines and standards in respect of- (i) the minimum qualifications for a person to be employed as a teacher under clause (d) of section 12; (ii) the specified category of courses or training in teacher education under clause (e) of section 12 ; (iii) starting of new courses or training in recognised institutions under clause (f) of section 12; (iv) standards in respect of examinations leading to teacher education qualifications referred to in clause (g) of section 12; (v) the tuition fees and other fees chargeable by institutions under clause (h) of section 12; (vi) the schemes for various levels of teacher education, and identification of institutions for offering teacher development programmes under clause (1) of section 12; (e) the form and the manner in which an application for recognition is to be submitted under sub-section (1) of section 14; (f) conditions required for the proper functioning of the institution and conditions for granting recognition under clause (a) of subsection (3) of section 14; (g) the form and the manner in which an application for permission is to be made under sub-section (1) of section 15; (h) conditions required for the proper conduct of a new course or training and conditions for granting permission under clause (a) of sub-section (3) of section 15; (i) the functions which may be assigned by the Council to the Executive Committee under sub-section (1) of section 19; (j) the procedure and the quorum necessary for transaction of business at the meetings of the Executive Committee under subsection (5) of section 19; . (k) the manner in which and the purposes for which the Executive Committee may co-opt persons under sub-section (6) of section 19; (1) the number of persons under clause of sub-section (3) of section 20; (m) the term of office and allowances payable to members under sub-section (5) of section 20; (n) additional functions to be performed by the Regional Committee under sub-section (6) of section 20; , (o) the functions of, the procedure to be followed by, the territorial jurisdiction of, and the manner of filling casual vacancies among members of, a Regional Committee under sub-section (7) of section 20; (p) any other matter in respect of which provision is to be or may be, made by regulations." ( 14. ) We have reproduced the aforesaid provisions to understand and appreciate the scheme of the 1993 Act.in proper perspective. As is evincible from the provisions contained in sections 15 and 16 that recognition or permission must precede affiliation by the examining body. Section, as is manifest, confers power on the Central Government to issue directives on question of policy to the Council and further whether a question is one for policy or not, is to be decided by tile Central Government. Thus, the Central Government has been bestowed certain powers under the 1993 Act. Section 32(2) of the 1993 Act confers powers on tile NCTE for making regulations. Initially certain regulations were framed. They have been superseded by a set of regulations called the National Council for Teacher Education (Recognition Norms and Procedure) Regulations, 2005 and the same has come into force from 27th December, 2005. ( 15. ) Regulation 3 which deals with applicability reads as under:- "3. Applicability : These regulations shall be applicable to all matters relating to teacher education programmes covering norms and standards and procedures for recognition of institutions, commencement of new programmes and addition to, sanctioned intake in existing programmes and other matters incidental thereto." ( 16. ) Regulation 5 deals with manner of making application. Regulation 6 deal with processing fees. Regulation 7 deals with processing of application. Regulatio] 7 being relevant and significant for our purpose is reproduced hereunder:- "7. Processing of applications-(l) applications which are complete in all respects shall be processed by the office of the Regional Committee concerned within 30 days of receipt of the such applications. Regulation 6 deal with processing fees. Regulation 7 deals with processing of application. Regulatio] 7 being relevant and significant for our purpose is reproduced hereunder:- "7. Processing of applications-(l) applications which are complete in all respects shall be processed by the office of the Regional Committee concerned within 30 days of receipt of the such applications. (2) The applications shall be processed as under: (i) The particulars of the institutions shall be hosted on the official website of the Regional Committee concerned of the National Council for Teacher Education. (ii) This will serve as an electronic communication to the applicant and also the State Government/UT Administration concerned for necessary follow up action on their part. (iii) A written communication in addition shall also follow to the applicant. (iv) A written communication along with a copy of the application form submitted by the instittuion(s) of the concerned StateUT shall be sent to the State Government/UT Administration concerned. (3) On receipt of the communication, the State Government/UT Acfaainistration concerned shall furnish its recommendations on the applications to the office of the Regional Committee concerned of the National Council for Teacher Education within 60 davs from receipt. If the recommendation is negative, the State Government/ UT Administration shall provide detailed reasons/grounds thereof, which could be taken into consideration by the Regional Committee concerned while deciding the application. If no communication is received from the State Government/UT Administration within the stipulated 60 days, it shall be presumed that the State Government/ UT Administration concerned has no recommendation to make. (4) Though normally the applicant institutions will ensure submission of applications complete in all respects, in order to cover the inadvertent omission of deficiencies in documents, the office of the Regional Committee shall point out the deficiencies within 30 days of receipt of the applications, which the applicants shall remove within 90 days. The date of receipt of the application after completion of deficiencies shall be treated as the date of receipt of the application complete in all respects within the meaning of Regulation 7 (1). (5) Ordinarily, the inspection of infrastructure, equipment, instructional facilities etc. of an institution shall be conducted within 30 days of completion of processing of its application by the office of the Regional Committee with a view to assessing the level of preparedness of the institution to commence the course. (5) Ordinarily, the inspection of infrastructure, equipment, instructional facilities etc. of an institution shall be conducted within 30 days of completion of processing of its application by the office of the Regional Committee with a view to assessing the level of preparedness of the institution to commence the course. Such inspection shall be in the chronological order of the date of receipt of the completed application in the office of the Regional Committee concerned. Among the applications received on the same day, alphabetical order shall be followed. (6) All the applicant institutions are expected to launch their own website simultaneously with the submission of their applications covering, inter alia, the details of the institution, its location, name of the course applied for with intake, availability of physical infrastructure (land, building, office classrooms, and other facilities / amenities), instructional facilities (laboratory, library etc.) and the particulars of their proposed teaching and non-teaching staff etc. with photographs for information of all concerned. (7) At the time of visit of the team of experts to an institution, the institution concerned shall arrange for the inspection to be videographed in a manner that all important facilities are videographed along with interaction with the management and the staff (if available). The visiting team shall finalise and courier their reports along with the video tapes on the same day. (8) The application and the report along with the video tapes of the visiting team shall be placed before the Regional Committee concerned for consideration of grant of recognition or permission to an institution in its next meeting. (9) The Regional Committee shall decide grant of recognition or permission to an institution only after satisfying itself that fulfills all the conditions prescribed by the NCTE under the NCTE Act, Rules or Regulations, including, inter alia, the norms and standard laid down for the relevant teacher education programme/course. (10) In the matter of grant of recognition, the Regional Committees shall strictly act within the ambit of the National Council for Teacher Education Act. 1993. the National Council for Teacher Education Rules. 1997 as amended from time to time and the regulations including the norms and standards for various teacher education programmes and shall not make any relaxation thereto. (10) In the matter of grant of recognition, the Regional Committees shall strictly act within the ambit of the National Council for Teacher Education Act. 1993. the National Council for Teacher Education Rules. 1997 as amended from time to time and the regulations including the norms and standards for various teacher education programmes and shall not make any relaxation thereto. The Regional Director shall be responsible for ensuring that the decisions of the Regional Committees are not in contravention of the NCTE Act, NCTE Rules and regulations including the norms and standards. (11) The institution concerned shall be informed of the decision for grant of recognition or permission subject to appointment of qualified faculty members before the commencement of the academic session. (12) The institution concerned after appointing the requisite faculty / staff, shall put the information on its official website and also formally inform the Regional Committee concerned. The Regional Committee concerned shall then issue a formal unconditional recognition order. (13) In cases where the Regional Committee, after consideration of the report of the "Visiting Team, is of the opinion that the institution does not fulfill the requirements for starting/conducting the course, such an institution will be allowed one more opportunity for inspection after removal of the deficiencies. For such inspection the institution concerned shall again deposit a fee of Rs.40,000 to the Regional Committee concerned through a demand draft from any Nationalised Bank drawn in the favour of the Member Secretary, NCTE payable at the city where the Regional Committee is located. However, no such fee is required if the deficiencies pointed out are minor in nature not involving civil construction or the like and the rectifications are verifiable without physical inspection. (14) The reports of inspection of the institutions along with the names of the Visiting Team Experts shall be made available on the official website of the Regional Committee concerned after the same have been considered by die Regional Committee." (Emphasis supplied) ( 17. ) Before we proceed to analyse the purpose, import and impact of the provisions of the 1993 Act and Regulations 2005 it is condign to refer to various types of orders passed by the NCTE at various junctures. ( 18. ) Before we proceed to analyse the purpose, import and impact of the provisions of the 1993 Act and Regulations 2005 it is condign to refer to various types of orders passed by the NCTE at various junctures. ( 18. ) In respect of certain institutions the NCTE had passed the orders which read as under: - To, The Commissioner/Director, Madhya Pradesh State Council of Research and Training, Rajya Shiksha Kendra, Pustak Bhawan, Arera Hills, Bhopal Madhya Pradesh. Sub: Recognition of secondary level Teacher Training Institutions for the academic session2004-2005. Sir, Please find the following institution recognised by Western Regional Committee (NCTE) with an annual intake of 100 for the B.Ed. Course for the academic session 2004-2005, subject to the condition that the college will submit the list of staff/faculty duly approved by the Registrar of the affiliating University/competent authority before commencement of the academic session. The formal order of recognition will be issued only after the receipt of this list in WRC, NCTE, Bhopal. You are requested to allow all the institutions to admit students only upto the approved intake for which recognition has been granted. NCTE I NAME AND COURSE I APPROVED ACADEMIC CODE ADDRESS OF INTAKE SESSION __THE INSTITUTION_____ BUNDELKHANDSHDCSHA B.ED. 2004-2005 MAHAVIDYALAYA, RAJMAHAL, TA. PRANGADH CHHATTARPUR 471001 223150 MADHYAPRADESH 100 Also, instruct the institutions to adhere to the norms prescribed by the NCTE relating to eligibility criteria for admission, infrastructure, staff and curriculum transaction, etc. to the standards laid down by the NCTE and continuous maintenance of these norms and standards is mandatory and binding on the institution. Yours faithfully, (Sd/-) Regional Director Copyto: 1. The Principal, BUNDELKHAND SHIKSHA MAHAVIDYALAYA, RAJMAHAL, TA, PRANGADH CHHATTARPUR 471 001 MADHYA PRADESH. The institution is directed that the list of the faculty members are sent to this office duly signed by the Registrar of the affiliating University/ competent authority before commencement of the academic session. The formal order of recognition will be issued only after the receipt of this list in WRC, NCTE, Bhopal. 2. The Registrar, Dr. Harisingh Gour Vishwavidyalaya, SAGAR- 470 003." ( 19. ) In respect of same institutions the NCTE has passed the following order:- "TO BE PUBLISHED IN THE GAZETTE OF INDIA- PART-III, SECTION IV No.WRC/5-6/223150/63/2004/7878 Date: 16.11.07 ORDER In terms of Section 14 (1) of the NCTE Act, 1993 BUNDELKHAND SHIKSHA MAHAVIDYALAYA, RAJMAHAL, TA. 2. The Registrar, Dr. Harisingh Gour Vishwavidyalaya, SAGAR- 470 003." ( 19. ) In respect of same institutions the NCTE has passed the following order:- "TO BE PUBLISHED IN THE GAZETTE OF INDIA- PART-III, SECTION IV No.WRC/5-6/223150/63/2004/7878 Date: 16.11.07 ORDER In terms of Section 14 (1) of the NCTE Act, 1993 BUNDELKHAND SHIKSHA MAHAVIDYALAYA, RAJMAHAL, TA. PRANGADH CHHATTARPUR had submitted an application to the Western Regional Committee of NCTE for grant of recognition for starting B.Ed, of one year from the academic session 2004-2005 with an annual intake of 100 students. 2. On scrutiny of the application submitted by the institution, the documents attached therewith and the input received from the visiting team, the Committee has noted the following: (i) The institution has acquired the land for setting up the teacher education institution. (ii) The institution has constructed the building for conducting the course on the above mentioned land. Or The institution has made arrangements for conducting the course in rented premises. (iii) The institution has created an Endowment Fund of Rs.5.00 lakhs and a Reserve Fund of Rs.3.00 lakhs. (iv) The institution has initiated the process for recruitment of Principal/head of Department and teachers for the said course. 3. Now, therefore, in exercise of the powers vested under Section 14(3)(a) of the NCTE Act, 1993 the Regional Committee hereby grants recognition to BUNDELKHAND SHIKSHA MAHAVIDYALAYA, RAJMAHAL, TA. PRANGADH CHHATTARPUR for B.Ed. Of one. year from the academic session 2004-2005 with an annual intake of 100 students subject to fulfillment of the following:- (a) The institution shall ensure that it gets duly affiliated for this course to the concerned University and all other formalities required by the University are also completed before the commencement of the course and admission of the students to the course and a report to this effect should be sent to the Committee. (b) That the institution will ensure that 08 (one Principal and 07 lectures) faculty members are in position for an intake of 100 students before commencement of the course and a report to this effect duly verified by the Registrar of the concerned University shall be sent to the Committee within one month of commencement of the course. (c ) The institution shall within one month of the receipt of recognition create an endowment fund account into a joint account to be operated along with an official of the Regional Committee. (c ) The institution shall within one month of the receipt of recognition create an endowment fund account into a joint account to be operated along with an official of the Regional Committee. (d) The institution shall shift to its own premises within three years from the date of recognition (In case the course is started in rented premises). (e) The institution shall comply with the various other norms and standards as prescribed in the NCTE Regulations. 4. Recognition is subject to the condition that the affiliating University shall ensure that, amount other things, an institution has appointed required number of faculty members (including Principal / Head of Department) as per the norms of the NCTE/ State Government. 5. Further, the recognition is subject to the fulfillment of all such other requirements as may be prescribed by other regulatory bodies like UGC and State Government, etc. 6. The institution shall submit to the Regional Committee a Self Appraisal Report at the end of each academic year along with a copy of the approval of the affiliating university/State Directorate of Education to the appointment of faculty members and the statement of annual accounts duly audited by a Chartered Accountant. 7. If the institution contravenes any of the above conditions or any of the provisions of the NCTE Act, Rules, Regulations and Orders made or issued thereunder, the Regional Committee may withdraw the recognition under the provisions of Section 17 (1) of the NCTE Act. By order Regional Director Code 113 15 0 The Manager, Government of India, Department of Publications, (Gazette Section) Civil Lines, Delhi-110054 Copy to- 1. Secretary, Department of Elementary Education and Literacy, Ministry of Human Resource Development, Government of India, New Delhi. 2. The Principal Secretary (School Education), Government of Madhya Pradesh, Mantralaya, Bhopal. 3. The Member Secretary, National Council for Teacher Education, New Delhi - 110002. 4. The Registrar, Dr.Harisingh Gour Vishwavidyalaya, SAGAR- 470003 (MP)- to ensure compliance of the clause 4 of the recognition order. In case the institution is not found to have complied with the said requirements, the university shall withhold the affiliation and report the same to WRC, NCTE. 5. The Commissioner, Madhya Pradesh State Council of Educational Research and Training, Opposite Text Book Corporation, Jail - Pahari Road, Bhopal-462011 6. The Principal, BUNDELKHAND SHIKSHA MAHAVIDYALAYA, RAJMAHAL, TA PRANGADH CHHATTARPUR 471001 MADHYA PRADESH Regional Director" ( 20. 5. The Commissioner, Madhya Pradesh State Council of Educational Research and Training, Opposite Text Book Corporation, Jail - Pahari Road, Bhopal-462011 6. The Principal, BUNDELKHAND SHIKSHA MAHAVIDYALAYA, RAJMAHAL, TA PRANGADH CHHATTARPUR 471001 MADHYA PRADESH Regional Director" ( 20. ) In certain other cases the orders read as under: - "TO BE PUBLISHED IN THE GAZETTE OF INDIA- PART-III, SECTION-IV. No.WRC/5-6/932006/ 31st January, 2007 ORDER The institutions mentioned in the table under para 3 below had submitted applications to die Western Regional Committee of National Council for Teacher Education for grant of recognition to D.Ed in terms of Section 14(1) and 15(1) of NCTE Act, 1993 among others. 2. The WRC at its 93rd meeting held from 17th January, 2007, at Bhopal considered applications of the institutions included in the Agenda for the meeting and after careful examination of relevant documents, Visiting Team Reports, Video Recording etc. and the institutions compliance reports on deficiencies found the institutions mentioned in para 3 below fit for grant or recognition of the courses and intake mentioned against their names. 3. Now, therefore, in exercise of powers conferred under Section 14(3)(a) of the NCTE Act, 1993, the Regional Committee hereby grants recognition to these institutions for the course and intake mentioned against their names as under: , S.No. MIS/NCTE NAME AND[ I COURSE APPROVED/ CODE ADDRESS OF THE Additional/New INSTITUTION__INTAKE_ APW02612/ GANDHI VOCATIONAL D.ED 222148 COLLEGE, A.B. ROAD. KUSHMODA, GUNA 473001 1 MADHYA PRADESH 50 APW02674/ INDORE MAHAVIDYALAYA, 222031 (ADDL) 164,MGROAD, IVFLOOR MULEY TOWER INDORE 452 2003 MADHYA PRADESH |__ 4. The institutions shall ensure the fulfillment of the following: (a) The institutions shall maintain the teaching staff strength of 1+5 for the sanctioned D.Ed, course and all the appointments would be on regular basis on an approved scale of payment of the candidates having fulfilled eligibility condition prescribed by NCTE. The institute concerned shall send a report in this regard to WRC of NCTE within 30 days, in terms of clause 7(12) of the NCTE Regulations 2005. (b) The institutions shall note that with regard to NET/SLET requirement, the relaxation is allowed only up to the year 2009-2010 as per NCTE Regulations dt. 21-7-2006. (c) The institutions shall adhere to all the other regulations and guidelines as framed by NCTE from time to time. (b) The institutions shall note that with regard to NET/SLET requirement, the relaxation is allowed only up to the year 2009-2010 as per NCTE Regulations dt. 21-7-2006. (c) The institutions shall adhere to all the other regulations and guidelines as framed by NCTE from time to time. (d) The institutions shall within one month of the receipt of the Recognition order, convert the Endowment Fund account into a Joint Account in the form of FDR for a period of not less than 60 months (Five Years) in a Nationalised Bank only to be operatd along with an authorised official of the Regional Committee. (e) That the Reserve fund for an amount of Rs. Three Lakhs be maintained in the form of FDR in favour of the managements / institutions. (f) Further, the recognition is subject to fulfillment of all such other requirements as may be prescribed by other regulatory bodies like UGC and State Government etc. (g) The institutions shall submit to the Regional Committee a Self Appraisal Report at the end of each academic year along with a copy of the approval of the affiliating University/State Directorate of Education about the appointment of faculty members and the Statement of Annual Accounts duly audited by a Chartered Accountant. ......... (h) The institutions shall regularly update their website. (i) The institutions intending to run the teachers training programme approved above in a rented premises are required to submit report in compliance of the requirement of NCTE Regulations on the subject regarding their shift to permanent building. 5. If any of the institutions contravene any of the above conditions or any of the provisions of the NCTE Act, Rules, Regulations and/or order made or issued thereunder, the Regional Committee may withdraw the recognition under the provisions of Section 17(1) of the NCTE Act 1993. The NCTE Hqrs. May also cause inspections under Section 13 of the NCTE Act, 1993. 6.It is mandatory for the institutions to complete 200 teaching days as such the concerned university/board should ensure the recognition granted as per NCTE regulations and if the recognition date did not match with the academic calendar then the recognition granted shall be effective from die ensuring academic session. By orders (Sd)/ Regional Director 1. All Institutions cocnerned. Copy to - 1. The Secretary, Department of Elementary Education and Literacy, Ministry of Human Resource Development, Government of India, New Delhi. 2. By orders (Sd)/ Regional Director 1. All Institutions cocnerned. Copy to - 1. The Secretary, Department of Elementary Education and Literacy, Ministry of Human Resource Development, Government of India, New Delhi. 2. The Principal Secretary (School Education), Governent of Madhya Pradesh, Mantralaya, Bhopal. 3. The Member Secretary, National Council for Teacher Education, New Delhi - 110 002 4. The Commissioner/Director, Madhya Pradesh State Council and Research and Training, Rajya Shiksha Kendra, Pustak Bhawan, Arera Hills, Bhopal, Madhya Pradesh. 5. The Secretary, Board of Secondary Education, Board Office Ccampus, Shivaji Nagar, Bhopal, Madhya Pradesh. 6. The Under Secretary, Computer Section, National Council for Teacher Education, New Delhi - 110 002 7. P.S. to Chairperson, National Council for Teacher Education, New Delhi 110 002 8. The Manager, Government of India, Department of Publications (Gazette Section), Civil Lines, Delhi 9. All other officers and offices, concerned. Regional Director" ( 21. ) In some cases the order passed is as under: - "NO. WRC/APW00632/223174/NCTE/2007/C-20011 Date: 23/07/2007 24 To, The Principal, ROSHANLAL DAIPURIA MAHAVIDYALAYA, AT. POST SIRPURA TAH. ATER, BHIND-477555, MADHYA PRADESH Sub: Formal Order for B.Ed. Course-reg. Sir/Madam, With reference to your letter, it is to inform that your institution is a recognized one from 2007-08 for B.Ed. Course and formal order will be issued immediately on scrutiny of revised staff profile. Yours faithfully, Under Secretary Copy to: 1. The Registrar, Jiwaji University, Gwalior ( 22. ) In certain cases the NCTE after referring to Section 14(1) of the 1993 Act has stated that on a scrutiny of the applications submitted by the institutions documents attached therewith and the input received from the visiting team and staff list submitted thereafter the Western Regional Committee (WRC) in its 89th meeting has resolved to issue unconditional recognition order to certain institutions. After so mentioning the names of certain institutions do find place. Thereafter the order passed by the institution reads as under: "3. Now, therefore, in exercise of the powers vested under Section 14(3)(a) of the NCTE Act, 1993, the Regional Committee hereby grants recognition for B.Ed. After so mentioning the names of certain institutions do find place. Thereafter the order passed by the institution reads as under: "3. Now, therefore, in exercise of the powers vested under Section 14(3)(a) of the NCTE Act, 1993, the Regional Committee hereby grants recognition for B.Ed. Of one year subject to fulfillment of tiie following: (a) The institution shall ensure that it gets duly affiliated for this course to the concerned University and all other formalities required by the University are also completed before the commencement of the course and admission of the students to the course and a report to this effect should be sent to the Committee. (b) That the institution will ensure that 08 (one Principal and 07 lecturers) faculty members are in position for an intake of 100 students before commencement of the course and a report to this effect duly verified by the Registrar of the concerned University shall be sent to the Committee within one month of commencement of the course. (c) The institution shall within one month of the receipt of recognition create an endowment fund account into a joint account to be operated along with an official of the Regional Committee. (d) The institution shall shift to its own premises within three years from the date of recognition (In case the course is started in rented premises.) (e) The institution shall comply with the various other norms and standards as prescribed in the NCTE Regulations. 4. Recognition is subject to the condition that the affiliating University shall ensure that, among other things, an institution has appointed required number of faculty members (including Principal / Head of Department) as per the norms of the NCTE/State Government. 5. Further, the recognition is subject to the fulfillment of all such other requirements as may be prescribed by other regulatory bodies like UGC and State Government, etc. 6. The institution shall submit to the Regional Committee a Self- Appraisal Report at the end of each academic year along with a copy of the approval of the affiliating university/State Directorate of Education to the appointment of faculty members and the statement of annual accounts duly audited by a Chartered Accountant. 7. 6. The institution shall submit to the Regional Committee a Self- Appraisal Report at the end of each academic year along with a copy of the approval of the affiliating university/State Directorate of Education to the appointment of faculty members and the statement of annual accounts duly audited by a Chartered Accountant. 7. If the institution contravenes any of the above conditions or any of the provisions of the NCTE Act, Rules, Regulations and Orders made or issued thereunder, the Regional Committee may withdraw the recognition under the provisions of Section 17 (1) of the NCTE Act.. By orders (sd/-) Regional Directorate The Manager, Government of India, Department of Publication (Gazette Section) Civil Lines, Delhi- 110 054 Copy to- 1. The Secretary, Department of Elementary Eduction and Literacy,Ministry of Human Resources Development, Government of India, New Delhi. 2. The Principal Secretary (School Education), Government of Madhya Pradesh, Mantralaya, Bhopal. 3. The Member Secretary.National Council for Teacher Education, New Delhi - 110 002 4. The Registrar, Jiwaji University Gwalior/Barkatutlah University, Bhopal/Vikram University, Ujjain/Devi Ahilya University, Indore/Rani Durgavati University Jabalpur/A.P.S. University, Rewa/H.S. Gaar University, Sagar - to ensure compliance of the clause 4 of the recognition order. In case the institution is sot found to have complied with the said requirements, the university shall withhold the affiliation and report the same to WRC, NCTE. 5. The Commissioner, Madhya Pradesh State Council of Educational Research and Training,Opp. Text Book Corporation, Jaillahari Road, Bhopal - 462 Oil. 6. The Secretary/Principal of concerned institutions." ( 23. ) We have referred to various types of orders to scan the nature, character, contour and import of the said orders. Submission of the learned counsel for the petitioners is that the Committee could have passed only a Singular order and that is the final order. It is contended by them that when the Committee intimates its decision it is couched in different language and when the Committee uses the term order it conveys finality. Learned counsel for the petitioners have further submitted that a notification ia the official gazette as provided under Section 14(4) of the Act is not imperative and a communication subserves the purpose and meets the requirement. Learned counsel for the petitioners have further submitted that a notification ia the official gazette as provided under Section 14(4) of the Act is not imperative and a communication subserves the purpose and meets the requirement. In support of the said submission the decision rendered in Vedica College of Education, Bhopal vs. Barkatullah University (W.P. No. 12012/2007) has been commended to us, la the aforesaid case the Division Bench was dealing with a case of an institution wherein a formal order of recognition was not issued. The Division Beach has held that if an order of recognition has been issued by the Regional committee under sub-section (3) of Section 14 of the 1993 Act and the same has been communicated in writing to the institutions and concerned authority, local authority or the State Government and the Central Government, it cannot be said that there is no format order of recognition merely because the same has not been published in the official gazette. As advised at present, we are not disposed to address ourselves to the issue with regard to the facet of publication in the gazette. The Division Bench has stated that there is nothing like a formal order. The facts in the aforesaid case frescoes a different picture. As far as the present hatch of cases is concerned we have referred to various types/categories of orders passed by the Committee. The question that emerges for consideration is whether the said orders can be regarded as final recognition from all spectrums. Quite apart from the above, the other question that emanates is whether the institution could have admitted students without affiliation from the university. Another aspect on which Mr. Deepak Awasthi, learned Govt. Advocate for the State emphasised upon is whether no objection certificate from the State Government is the sine qua non for the purpose of grant of recognition. ( 24. ) Each of the aforesaid issues requires careful consideration. First we shall advert to the statutory requirement. The 1993 Act has its objects to achieve. If the anatomy of the entire scheme of the Act is scrutinised it would be quite clear that it is a complete code and it has a laudable purpose. The NCTE has been conferred a sacrosanct and paramount role in the Act. The NCTE has also been extended the power to frame regulations. If the anatomy of the entire scheme of the Act is scrutinised it would be quite clear that it is a complete code and it has a laudable purpose. The NCTE has been conferred a sacrosanct and paramount role in the Act. The NCTE has also been extended the power to frame regulations. It has also framed a set of regulations in the year 2005. Section 14(3) of the 1993 Act which has been reproduced hereinabove lays a postulate that the conditions are to be satisfied. The conditions which have been imposed can be compartmentalised into categories, one which the institutions are required to do after the institutions become functional to impart education and the other, as we perceive, before the functioning of the institutions. To elaborate: the conditions are pre- functional. The language used is subject to1. The words subject to have come for judicial interpretation in many a decisions. In the case of Ashok Leyland Ltd. Vs. State of Tamil Nadu and another, AIR 2004 SC 2836 their Lordships while discussing about the concept ofsubject to expressed the view as under:- "90. Further more, the expression subject to must be given effect to. 91. In Blacks Law Dictionary, Fifth Edition at page 1278 the expression Subject to has been defined as under: "Liable, subordinate, subservient, inferior, obedient to: governed or affected by; provided that; provided, answerable for. Homan v. Employers Reinsurance Corpn.. 345 Mo. 650, 196 SC 2d 289, 302" ( 25. ) We have referred to the aforesaid decision only to show that their Lordships have opined in categorical terms that the term subject to must be given due effect. The said term has many a meaning and one such is provided. ( 26. ) In Union of India and another Vs. Azadi Bachao Andolan and another, AIR 2004 SC 1107 a two-Judge Bench of the Apex Court while interpreting the term subject to the provisions of die Act opined that the said term would mean that it is subject to the provisions of Section 90 of the Income Tax Act. ( 27. ) We have referred to the aforesaid decisions only to show that subject to can mean that it is a conditional one and once the conditions are satisfied then the order becomes a ripened, crystallised and concretised one. ( 27. ) We have referred to the aforesaid decisions only to show that subject to can mean that it is a conditional one and once the conditions are satisfied then the order becomes a ripened, crystallised and concretised one. On a proper appreciation of the Scheme of the 1993 Act and the Regulations framed thereunder, it cannot be brushed aside and the State Government is required to be consulted. The State Government has been ascribed a role to recommend though submission of Mr. Deepak Awasthi, learned Govt. Advocate for the State is that the State Government has not been duly consulted. ( 28. ) It is submitted by Mr.Ajay Mishra, learned senior counsel and other counsel appearing for the petitioners that as per Statutes 27 and 28 of the University without commencement of the course the faculty members cannot be appointed. Regulation 7(12) caste a mandate that the institution concerned after appointing the requisite faculty/staff, shall put the information on its official website and also formally inform the Regional Committee concerned. As it seems there is no material on record that the said conditions precedent have been fulfilled. The recognition granted is subject to many a condition and one such condition is appointment of faculty/staff. The University statute has to succumb to the Regulation framed under the NCTE Act. We are inclined to hold so in view of the law laid down in State of Maharashtra vs. Sant Dnyanehswar Shikshan Shastra Mahavidyalaya, 2006 AIR SCW 2048. Thus, the submissions putforth by the learned counsel for the petitioners that they can only appoint teachers after affiliation is given is sans substance. The affiliation can only be granted if recognition is granted by the NCTE and the NCTE recognition is only given if Regulation 7(12) is complied with. It is submitted by the learned counsel for the petitioners that TMo Objection Certificate from the State demanded by the University to grant affiliation is contrary to the decision rendered in the case of Sant Dnyaneshwar Shikshan ShastraMahavidyalaya (supra). In the aforesaid case the Apex Court has observed as under: - "It is thus clear that the Central Government has Considered the subject of Secondary Education and Higher Education at the national level. The Act of 1993 also requires Parliament to consider Teacher Education System throughout the country. In the aforesaid case the Apex Court has observed as under: - "It is thus clear that the Central Government has Considered the subject of Secondary Education and Higher Education at the national level. The Act of 1993 also requires Parliament to consider Teacher Education System throughout the country. NCTE, therefore, in our opinion, is expected to deal with applications for establishing new B.Ed, colleges or allowing increase in intake capacity, keeping in view 1993 Act and planned and co-ordinated development of teacher-education system in the country. ( 29. ) Thereafter in paragraph 78 their Lordships proceeded to hold as under:- "78. In our opinion, the observations that the provisions of Section 82 and 83 of the Maharashtra University Act are "null and void" could not be said to be correct. To us, it appears that what the High Court wanted to convey was that the provisions of Sections 82 and 83 would not apply to an institution covered by 1993 Act. As per the Scheme of the Act, once recognition has been granted by NCTE under section 14(6) of the Act, every university (examining body) is obliged to grant affiliation to such institution and sections 82 and 83 of the University Act do not apply7 to such cases." ( 30. ) One of the conditions imposed on the institutions is that they must have the staffing pattern. Submission of the learned counsel for the petitioners is that the Statutes 27 and 28 of the Vishwavidyalaya Adhiniyam only requires to appoint the Principal and other staff after the institutions become functional. It is also their submission that affiliation has to be granted automatically. The State cannot refuse. to issue a no objection certificate. 35. In view of the aforesaid decision there can be no scintilla of doubt the State Government cannot as a policy matter refuse no objection certificate. The university also cannot take recourse to the fact that the statue provides that NOC is a pre-requisite for grant of affiliation. That was exactly said in Sant Dhyaneshwar Shikshan Shastra Mahavidydlaya (supra). Their Lordships have not stated that affiliation is not necessary. In the guise of grant of affiliation the university cannot create any impediment in the functioning of the NCTE but, a pregnant and fertile one, if the university has been ascribed the role by the NCTE can look into the same. Their Lordships have not stated that affiliation is not necessary. In the guise of grant of affiliation the university cannot create any impediment in the functioning of the NCTE but, a pregnant and fertile one, if the university has been ascribed the role by the NCTE can look into the same. Section 14(3) of the 1993 Act categorically postulates that there has to be teaching staff. In the orders relating to grant of recognition it has been provided that they must satisfy the affiliating/examining body with regard to the staff/faculty members. ( 31. ) In view of the aforesaid the State Government cannot raise objection on its own policy for granting or non-granting of No Objection Certificate. Regulation 7(2)(i) stipulates that the particulars of the institutions shall be hosted on the official website of the Regional Committee concerned of the NCTE and that would serve as an electronic communication to the applicant and also to the State Government/ UT Administration concerned for necessary follow up. Regulation 2(iv) provides that a written communication alongwith the copy of the application form submitted by the institution shall be sent to the State Government/UT Administration concerned. Regulation 7(3) lays a postulate that the State Government shall furnish its recommendation on the applications to the office of the Regional Committee concerned of the NCTE. A time limit of 60 days has been fixed. There is a factor of presumption that if no recommendation is given it will be presumed that the State Government has no recommendation to make. If the recommendation is negative the State Government is required to provide detailed reasons thereof. ( 32. ) Section 14(3) postulates that the Committee has to be satisfied apart from other things that the institution has fulfilled such other conditions apart from qualifying staff. Condition have been imposed in all the orders of recognition as the the terminology subject to fulfillment of education staff is used. ( 33. ) Regulation 7(11) clearly stipulates that the institution concerned shall be informed of the decision for grant of recognition or permission subject to appointment of qualified faculty members before the commencement of the academic session. Regulation 7(12) postulates that the institution concerned after appointing the requisite faculty/staff, shall put the information on its official website and also formally inform the Regional Committee concerned and thereafter the Committee shall issue a formal recognition order. Regulation 7(12) postulates that the institution concerned after appointing the requisite faculty/staff, shall put the information on its official website and also formally inform the Regional Committee concerned and thereafter the Committee shall issue a formal recognition order. Regulation 8(1) clearly lays down that the institution shall fulfill all the prescribed conditions related to norms and standards as prescribed by the NCTE for conducting the course or training in teacher education. The norms cover conditions relating to financial resources, accommodation, library, laboratory, other physical infrastructure, qualified staff including teaching and non-teaching personnel, etc. Regulation 8( 10) unequivocally postulates that an institution shall make admission only after it obtains unconditional letter of recognition from the Regional Committee concerned and affiliation from the examining body. ( 34. ) It is worth noting that in none of the cases there has been affiliation by the concerned University. If the regulations are properly understood, admissions could not have been given by the institutions. True it is, some of the condition imposed by the Committee are post functional and some are conditions precedent. True it is, the Committee has filed a return mat the institutions have been duly granted recognition. At this juncture, it is worth noting mat the whole thing was the subject- matter of review by the Central Government. ( 35. ) In the case of Sant Dnyaneshwar Shikshan Shastm Mahavidyalaya (supra) it has been held that the State Government cannot interfere in the matter of recognition. As far as recognition in the name of State policy is concerned the State Government has been assigned no role. Submission of learned counsel is that the committee has collected information on the website, but the same is not discernible from the factual matrix. That might have been put on the website. The State Government is required to send the recommendations. For these aspects and looking to the gravity of happenings the Union of India thought it proper to look into the matter by exercising the power under Section 29(1) of the Act. True it is, the same related to the pending applications. This Court cannot be oblivious as regards the nature of conditional recognition given. There is nothing to state with certitude that faculty members have been appointed whereas it shook! have been irrefragable done before conferral of the benefit of recognition, ft is crystal clear that they have not been appointed. True it is, the same related to the pending applications. This Court cannot be oblivious as regards the nature of conditional recognition given. There is nothing to state with certitude that faculty members have been appointed whereas it shook! have been irrefragable done before conferral of the benefit of recognition, ft is crystal clear that they have not been appointed. There is no affiliation. Thus, as per the relevant regulations, the students could not have been admitted. ( 36. ) At this juncture it is apt to refer to the letter issued by the Central GovefiBltettttoNCTE. The said letter reads as under- New Delhi 20th August, 2007 Government of India, Ministry of Human Resources Development Department of School Education and Literacy To The Chairperson, National Council for Teacher Education, 1, Bahadur Shah Zafar Marg, New Delhi- 110 002 Subject: Directions under Section 29 of the NCTE Act, 1993 to withhold the grant of recognition in institutions / Courses / additional intake falling under jurisdiction of Western Regional Committee of National Council for Teacher Education (NCTE) Sir, It has come to notice of the Department of School Education and Literacy that there has been uneven and disproportionate growth in the number of recognitions granted to various courses and institutions in the states falling under the Western Regional Committee of NCTE and that while granting recognition, the actual demand of teachers in particular states has been totally ignored. 2. In these circumstances, it is felt appropriate to undertake a comprehensive review of the situation for taking necessary corrective measures. Therefore, as directed by the competent authority, NCTE is hereby directed under Section 29 of the NCTE Act, 1993 that recognition may henceforth not be granted to any teacher training institutions/courses/additional intake falling within the jurisdiction of the Western Regional Committee of NCTE, till a comprehensive review is made or till further orders, whichever is earlier. 3. Necessary instructions to this order may accordingly be conveyed to the Western Regional Committee of NCTE. A compliance report may be sent to this Department at the earliest. Yours sincerely, (Simmi Choudhary) Deputy Secretary to Government Govt, of India Tel: 2307327" ( 37. ) It is also necessary to reproduce the communication made by the NCTE to the committee:- "National Council of Teacher Education A Statutory Body of the Government of India Most immediate File No.49-19/2007/NandS/NCTE August 22, 2007 To Dr. Yours sincerely, (Simmi Choudhary) Deputy Secretary to Government Govt, of India Tel: 2307327" ( 37. ) It is also necessary to reproduce the communication made by the NCTE to the committee:- "National Council of Teacher Education A Statutory Body of the Government of India Most immediate File No.49-19/2007/NandS/NCTE August 22, 2007 To Dr. OVS Sikarwar, Regional Director Western Regional Committees Manas Bhawan (Near AIR) Shyamla Hills, Bhopal: 162 002 Sub: Directions under Section 29 of the NCTE Act 1993 to withheld the grant of recognition to institutions / courses / additional intake, falling under the jurisdiction of Western Regional Committee of NCTE. Sir, I am directed to say that directions have been received from the competent authority under Section 29 of the NCTE Act, 1993 on August 21, 2007 that recognition may henceforth not be granted to any teacher training institutions / courses/additional intake falling within the jurisdiction of the Western Regional Committee of NCTE till a comprehensive service service to be undertaken or till further orders, whichever is earlier. 2. In view of the above, you are directed to ensure that the above directions are complied with and immediate steps are taken to ensure that the above directions are complied with and immediate steps are taken to ensure that no action taken for grant of recognition and also no meeting of the Western Regional Committee is held. The Chairperson and members of the Western Regional Committee may immediately be suitably informed in this regard. Yours faithfully, Sd /- (V.C. Tiwari) Member Secretary" ( 38. ) In this regard it is also worth reproducing the letter dated 22-11-2007 issued by the Central Government. It reads as under: "F.No.28-15/2007-EE-10 Government of India Ministry of Human Resource Development Department of School Education and Literacy **** To New Delhi, the 22nd November, 2007 The Chairperson, National Council for Teacher Education, Wing-II, Hans Bhawan, 1, Bahadur Shah Zafar Marg, I.P.Estate, New Delhi-110002 Subject: Directions under Section 29 of the NCTE Act, 1993 to withhold the grant of recognition to Institutions/Courses/additional intake, falling under the jurisdiction of Western Regional Committee of National Council for Teacher Education (NCTE). **** Sir, , I am directed to invite your attention to this Ministrys letter of even number dated 21.8.2007 under which Directions under Section 29 of the NCTE Act, 1993 were issued for not granting recognition to any teacher training institution/courses/additional intake, etc. **** Sir, , I am directed to invite your attention to this Ministrys letter of even number dated 21.8.2007 under which Directions under Section 29 of the NCTE Act, 1993 were issued for not granting recognition to any teacher training institution/courses/additional intake, etc. falling within the jurisdiction of the Western Regional Committee of NCTE till a comprehensive review is undertaken. Ms.Anita Kaul, Joint Secretary, Deptt. Of School Education and Literacy was assigned to undertake comprehensive review of the situation in regard to WRC and suggest corrective measures vide office order No.26-41/2007-EE-10 dt.23.8.2007. In compliance with the instructions and orders on the subject a comprehensive review of the working of Western Regional Committee was undertaken and a report on the subject was submitted on 1.11.2007. The Report has highlighted certain systemic problems, procedural lapses and irregularities which must be dealt with by NCTE on top priority. A copy of Report (Vol. I to III) is enclosed. Chapter 8 of the Vol. I of the report contains the findings and recommendations of the comprehensive review. The report has been accepted by the Government. Accordingly, NCTE is advised to implement the recommendations contained in the report with following specific directions: a) The WRC, Bhopal will process all pending applications ensuring, however, that it scrupulously takes into account the views of the State Government on the issue of sanction or rejection of applications for recognition. In case, WRC, Bhopal differs with the views* of the State Government, it shall record specific reasons in writing in such case and submit a special report to NCTE headquarters; b) NCTE shall expedite the study on the demand and supply of teachers/teaching capacity specially for the States of Maharashtra, Gujarat, Madhya Pradesh and Chhattisgarh; and c) The recommendations in respect of amendments to NCTE Act and its Regulations shall be carefully examined in consultation with Ministry of Law. Necessary instructions to this effect may accordingly be conveyed to the Western Regional Committee of NCTE. A compliance report may be sent to this Department at the earliest. Yours faithfully (Vikram Sahay) Director" ( 39. ) We have referred to the aforesaid letters to highlight that at one point of time the Central Government had conducted review with regard to pending cases and thereafter has issued directions. True it is, they relate to pending cases but they have their own signification regard being had to what has been stated therein. ) We have referred to the aforesaid letters to highlight that at one point of time the Central Government had conducted review with regard to pending cases and thereafter has issued directions. True it is, they relate to pending cases but they have their own signification regard being had to what has been stated therein. Quite apart from the above, we cannot be oblivious of the factual scenario that has emerged before us. ( 40. ) We may note that the institutions have admitted students because of some interim orders passed by the learned Single Judge but the learned Single Judge had clearly mentioned that it should be done at the risk of the institutions. ( 41. ) Keeping in view the totality of facts and circumstances and the action taken by the Central Government with regard to the recognition granted by the WRC, Bhopal and the non-fulfillment of the conditions imposed in the so called orders of recognition, we are unable to accede to the relief sought for in the writ petitions. ( 42. ) Regard being had to the factual matrix in entirety, we proceed to state our conclusions and directions in seriatim: (a) Though the letters of recognitions issued by the NCTE are couched in different phraseology in various cases, yet the same lead to one inescapable conclusion that they are conditional recognitions. (b) The conditional recognitions could have been ripened after satisfying certain statutory requirements like appointment of teaching and non-teaching staff and other conditions enumerated / provided in regulations 7 and 8 of the Regulations as they are conditions precedent and relate to fundamental realm of recognition. (c ) Certain conditions are relatable to the institutions after they become functional but on that foundation it cannot be construed that the orders of recognition are totally unconditional. (d) The State Government cannot refuse No Objection Certificate relying on the M.P.Vishwavidyalaya Adhiniyam, 1973 in view of the decision of the Apex Court rendered in the case of Sant Dnyaneshwar Shikshan Shastra Mahavidyalaya (supra). (e) The institutions are bound to follow the regulations of the NCTE and the Universities are required to respect regulations as they have overriding effect on the University statutes. (e) The institutions are bound to follow the regulations of the NCTE and the Universities are required to respect regulations as they have overriding effect on the University statutes. (f) As the Union of India has interfered with the pending applications and the present cases do constitute a hybrid category, it is apposite that the Apex body of the NCTE shall look into the matter from all spectrums including calling for recommendation from the State Government within a specified span of time. (g) If the Apex Body of NCTE grants unconditional recognition the University shall extend the benefit of affiliation and in case conditional recognition is granted by the NCTE the University shall grant affiliation on satisfaction of the conditions enumerated in the order itself and shall not entrench or encroach upon the field by taking recourse to its Act or its statutes. (h) The University shall be totally bound by the conditions imposed in the order and shall not travel beyond them. (i) The institutions who have admitted students de hors the Act and the regulations and admitted students without proper recognition and affiliation cannot be extended the benefit of equity and the students who have been admitted can be imparted education afresh after recognition and affiliation ate granted. (j) If the institutions are eventually granted recognition and affiliation fees collected from the students shall be adjusted for fresh course which would commence after recognition and affiliation. (k) If the students do not intend to prosecute studies in the institution they would be entitled to clams refund of their fees and the institution shall be bound to refund the fees to the said students on receipt of proper application, as the institutions have admitted the students at their own risk. ( 43. ) The writ petitions are disposed of accordingly. There shall be no order as to costs. Petitions disposed of