Virendra Kumar Singh Education Society v. Board of Secondary Education
2013-09-02
M.K.Mudgal, S.K.Gangele
body2013
DigiLaw.ai
ORDER 1.This petition has been filed by the petitioner institution for a relief that the students of the petitioner institution of D.Ed. course of second year, who completed the study in academic session 2010-11, be permitted to appear in the examination and the result of the examination of the students be also declared. 2. The petitioner institution was granted recognition to conduct D.Ed. course of two years duration with annual intake of 50 students vide order dated 28.1.2008. In pursuance to the recognition, the petitioner institution admitted the students. The recognition of the petitioner institution was withdrawn vide order dated 2.2.2011. It is mentioned in the order of withdrawal of recognition that the order shall be effective from the next academic session. 3. Against the aforesaid order, the petitioner institution filed a petition. It was registered as W.P.No. 4174/2011. The same was dismissed vide order dt.28.7.2011. The petitioner institution admitted the students in D.Ed. course in the academic session 2010-11. The students appeared in the examination. When their results were not declared, the students of the petitioner institution filed a writ petition, which was registered as W.P. No. 5296/2011 and this Court vide order dated 17.2.2011 directed to declare the result of the students of the petitioner institution. 4. The petitioner institution admitted the students in the second year course. When the students were not permitted to appear in the examination, then the present petition was filed. This Court vide interim order permitted the students of the petitioner institution to appear in the examination. The grievance of the petitioner in this petition is that the result of the students have not been declared. 5. The respondent Board in its reply stated that recognition of the petitioner institution has been withdrawn by NCTE vide order dated 2.2.2011 and thereafter affiliation has been also been withdrawn by the University, hence, the petitioner University has no right to conduct D.Ed. course, hence, the Board has no obligation to declare the result of the students of the petitioner institution. 6. The recognition of the petitioner institution was withdrawn vide order dated 2.2.2011. It is mentioned in the order that the petitioner institution shall not admit the students from the end of the academic session next following the date. It means that the petitioner was not eligible to admit the students after completing the session 2010-11.
6. The recognition of the petitioner institution was withdrawn vide order dated 2.2.2011. It is mentioned in the order that the petitioner institution shall not admit the students from the end of the academic session next following the date. It means that the petitioner was not eligible to admit the students after completing the session 2010-11. Admittedly, the petitioner institution did not admit any student in D.Ed. course first year after completing the session 2010-11. The students, who appeared in 2010-2011 1st year course, were permitted to continue their study of second year because D.Ed. course is of two years. 7. Section 17 (3) of the National Council for Teacher Education Act, 1993 (hereinafter shall be referred to NCTE Act) prescribes that after withdrawal of recognition, the institution shall discontinue the course from the end of academic session. The relevant section is as under :- “(3) Once the recognition of a recognised institution is withdrawn under sub-section (1), such institution shall discontinue the course or training in teacher education, and the concerned University or the examining body shall cancel affiliation, of the institution in accordance with the order passed under sub-section (1), with effect from the end of the academic session next following the date of communication of the said order. 8. From the provisions of section 17 (3) of the Act of 1993, it is clear that the petitioner institution had an obligation to discontinue the course from the academic session next following the date of communication of the order. D.Ed. course is of two years. Hence, the students, who had been admitted and completed first year D.Ed. course in academic session 2010-11, have right to continue D.Ed. course of second year also. In such circumstances, it can not be said that the students of the petitioner institution have no right to pursue their second year of D.Ed. course. 9. Consequently, the writ petition is allowed. The respondent Board is directed to declare the result of the students of the petitioner institution of second year D.Ed. course, if they are otherwise eligible and their D.Ed. course be treated as per law. 10. No order as to costs.