Swami Sahajanand Saraswati B. Ed College, Bokaro v. State of Jharkhand
2016-05-03
APARESH KUMAR SINGH
body2016
DigiLaw.ai
ORDER : Aparesh Kumar Singh, J. Pursuant to order dated 23.03.2016, Mr. Ajay Kumar Singh, Principal Secretary, Department of Higher and Technical Education, Government of Jharkhand, Mr. Balendu Bhushan Anandmurti, Director, Higher Education, Dr. Suresh Chandra Dash, Registrar, Kolhan University, Dr. Amar Singh, Registrar, Nilambar Pitambar University, Palamau, Dr. Subodh Kumar Sinha, Registrar, Vinoba Bhave University, Hazaribag, Dr. Prasun Kumar Ghosh, Registrar, Sidhu Kanhu Murmu University, Dumka and Dr. Amar Kumar Chaudhary, Registrar, Ranchi University, Ranchi are present. 2. Learned Advocate General represents the respondent-Department of Higher and Technical Education. 3. The larger issues involving considerable importance in the matter of grant of affiliation of B. Ed. Colleges have been referred to in the order dated 23.04.2016. Learned Advocate General and learned counsel for the Universities have submitted that the matter relating to affiliation of colleges under the Universities is governed by the Statute Relating to Admission and Regulation of College other than those Maintained by the University, 1986, i.e. Statute No. 29. There has been no Statute framed after coming into force of NCTE Act 1993 in respect of affiliation of such B. Ed. Colleges under the Universities. As per law laid down by the Apex Court in the case of Maa Vaishno Devi Mahila Mahavidyalaya v. State of Utter Pradesh & others [ (2013) 2 SCC 617 ], guidelines/regulations/policy have not been adequately laid down by the State Government in the matter of affiliation to B. Ed. Colleges, who have obtained recognition from NCTE. There is absence of standard operating procedure fixing specific time-line for processing of such application at the level of Universities and Directorate of Higher Education as per the deadline prescribed in the judgment rendered by the Apex Court in the case of Maa Vaishno Devi (Supra). There is absence of accountability in the hierarchy of officials in the Universities and the Directorate of Higher Education in the matter of processing and taking a final decision on the aforesaid aspects by the dead line prescribed in the judgment rendered in the case of Maa Vaishno Devi (supra). 4. The state of affairs which have come to the notice of the Court raises serious concern on the issue relating to grant of affiliation or refusal to B.Ed. colleges within the State.
4. The state of affairs which have come to the notice of the Court raises serious concern on the issue relating to grant of affiliation or refusal to B.Ed. colleges within the State. The Principal Secretary, Department of Higher and Technical Education, Government of Jharkhand has also assisted the Court and submitted that this issue has been taken up very seriously by the Department and meeting of all the Registrars of the Universities have also been convened after passing of the previous order by this Court. Conscious of its responsibilities, the respondent-Department has decided to lay down broad policy guidelines to be followed in the decision making process for grant of affiliation to the B.Ed. colleges functioning under various universities which shall address specific issues as laid down in the judgment rendered in the case of Maa Vaishno Devi (supra) as also the provisions of N.C.T.E Act and the Universities Act. For this exercise to be completed a prayer is made for granting of reasonable period of 8 weeks. 5. Learned Advocate General appearing on behalf of the State submits that the Court may monitor the progress of the larger issue involved in the matter as reflected in the order dated 23.4.2016. The order dated 23.4.2016 is being quoted for better appreciation of the case. "Deliberations during course of hearing of the instant writ petitions, have thrown up the issues of larger public importance and consequence in the matter of affiliation of B. Ed colleges. There are specific requirements and conditions which an Examining Body can insist from the Institution seeking affiliation as spelt in the pronouncement of the Apex Court such as in the case of Maa Vaishno Devi Mahila Mahavidyalaya v. State of Uttar Pradesh And Others [ (2013) 2 SCC 617 ]. Para 71 of the judgment reads as under: "71. The examining body can impose conditions in relation to its own requirements. These aspects are: (a) eligibility of students for admission; (b) conduct of examinations; (c) the manner in which the prescribed courses should be completed; and (d) to see that the conditions imposed by NCTE are complied with." 2.
Para 71 of the judgment reads as under: "71. The examining body can impose conditions in relation to its own requirements. These aspects are: (a) eligibility of students for admission; (b) conduct of examinations; (c) the manner in which the prescribed courses should be completed; and (d) to see that the conditions imposed by NCTE are complied with." 2. During course of arguments, inspection report in respect of the petitioner - Swami Sahajanand Saraswati B.Ed College, Bokaro for the years 2015-17 and 2016-18 do reveal that though, University has also carried out inspection on the subjects and areas covered under the NCTE Act, but the specific heads relating to eligibility of students for admission, conduct of examinations, the manner in which the prescribed courses should be completed, etc. which any Examining Body is required to be satisfied before grant of affiliation, have not been squarely addressed. University may see that the conditions imposed by NCTE are complied with as is also one of the conditions for grant of permanent recognition to this petitioner by NCTE (Annexure-1). But the main condition which an Examining Body/University is required to be satisfied, cannot be completely left out of consideration. There appears to be either Legislative deficit in that area or that the University have failed to follow the guidelines, circulars, statutes on the subject, as prescribed from time to time. 3. It is not without reason that almost on regular basis, litigation arising on the question of affiliation comes before this Court despite specific time line prescribed by the Hon'ble Supreme Court in the case of Maa Vaishno Devi Mahila Mahavidyalaya (Supra) and law laid down on the subject relating to the jurisdiction of the various statutory bodies like NCTE, University and State. In that perspective, it would be proper to have the stand of the respondent State as also other Universities like Ranchi University, Nilambar Pitambar University, Sidhu Kanhu Murmu University under whom several B.Ed colleges are said to be running or may come up in near future. Kolhan University is already a party in one of the connected writ petition being WPC No. 2427/2015. The instant matters relate to non-grant of affiliation for the academic sessions 2014-15. Therefore, let the other Universities i.e. Ranchi University, Ranchi, Nilambar Pitambar University, Palamau at Daltonganj and Sidhu Kanhu Murmu University, Dumka be impleaded as respondents in the instant case through their Registrar.
The instant matters relate to non-grant of affiliation for the academic sessions 2014-15. Therefore, let the other Universities i.e. Ranchi University, Ranchi, Nilambar Pitambar University, Palamau at Daltonganj and Sidhu Kanhu Murmu University, Dumka be impleaded as respondents in the instant case through their Registrar. Department of Higher and Technical Education, Government of Jharkhand is already represented through State counsel. 4. The matters have remained pending for quite sometime and to avoid any further delay on the larger issue, discussed herein-above, it would only be proper that the Principal Secretary, Department of Higher and Technical Education, Government of Jharkhand, Director, Directorate of Higher Education, Human Resources Department, Government of Jharkhand and Registrars of all the Respondent Universities be present on the next date to assist the Court through their learned counsels along with all supporting documents i.e. guidelines, regulations, statutes which are to be followed in the matters of granting affiliation to such B.Ed colleges. Let such addition of party be carried out by the learned counsel for the petitioner during course of the day and copy of the pleadings be supplied to the learned counsel for the other Universities by Monday and receipt thereof be filed in the Registry by Monday itself, so that their names be reflected in the cause list henceforth. Registry to ensure that addition of newly added respondents are carried out in a proper manner, as directed in the order dated 23.04.2016. 5. List these cases on 03.05.2016. Let copy of this order be supplied to the learned counsel for the State and all the five Universities by 26th April 2016. Let copy of this order be sent through FAX/email to the Principal Secretary and Director of the Ministry of Higher and Technical Education and also to the Registrar of all the five Universities without any delay. WPC No. 2427/2015 Learned counsel for the petitioner submits that facts of the case are distinct from the facts of other cases and may be heard separately. Students have also taken exam and results have also been uploaded on the website. Be that as it may, if need be, on the next date, the instant matter would be segregated from the other cases." 6. Considering the importance of the larger issues involved in the matter, which affects not only the Institutions seeking to impart B.Ed.
Students have also taken exam and results have also been uploaded on the website. Be that as it may, if need be, on the next date, the instant matter would be segregated from the other cases." 6. Considering the importance of the larger issues involved in the matter, which affects not only the Institutions seeking to impart B.Ed. Education in the State but also the interest of the students, this Court is inclined to grant them 8 weeks time to complete the entire process and come out with a policy resolution on the subject. For effective monitoring of the larger issues involved and for submission of the status report in that regard, the matter is being posted on 5.7.2016. Presence of officers named at para-1 of the instant order are dispensed with for the present. Ordered accordingly.