Al-Iqra Teachers Training College v. Vinoba Bhave University, Hazaribagh through its Registrar
2016-05-30
RATNAKER BHENGRA
body2016
DigiLaw.ai
ORDER : By the Court - In this writ petition, petitioner has prayed for following reliefs: "(a) For issuance of an appropriate writ or a writ in the nature of mandamus directing the respondents-University to issue 'No Objection Certificate ('NOC' in short) to the petitioner-College, who is to apply for Master of Education Course before the National Council for Teacher Education, Regional Office at Bhubaneshwar as the petitioner-College had applied before the University along with all requisite documents on 03.04.2016 itself; (b) Since as per the Instruction of National Council for Teachers' Education, No Objection Certificate from the University is required for which 31.05.2016 is the last date, so under any situation the University may issue the No Objection Certificate by 30.05.2016 to the petitioner- College as the petitioner- College has already fulfilled all the requirements of affiliation and permanent recognition since the year 2004 itself. (c) Since the petitioner-College has got affiliation and recognition from the University as well as National Council for Teacher Education and running the B.Ed. Course from the year 2004 itself, so issuance of No Objection Certificate for starting M.Ed. Course under the Vinoba Bhave University is only formal as per the Regulation of National Council for Teacher Education, 2014. Moreover, the petitioner College is permanently affiliated fro all the purposes from the University as well as the State Government since the year 2010 and it is also duly recognised from National Council for Teacher Education on permanent basis since the year 2004. So, in that situation the University has no right to withheld the issurance of No Objection Certificate for running M.Ed. Course as it is formal one." 2. Mr. A. Allam, learned senior counsel for the petitioner, has submitted that they have applied to the Registrar, Vinoba Bhave University, Hazaribagh for grant of No Objection Certificate ('NOC' in short) in the light of NCTE regulation, 2014 to start M.Ed. ( Master of Education course) vide letter dated 03.04.2016 (Annexure-5). Subsequent to which, reminder was sent. Learned senior counsel has further submitted that all the documents, as required under the instructions for filling up the online application, were sent except serial No.4 (vii), which is NOC from affiliating body.
( Master of Education course) vide letter dated 03.04.2016 (Annexure-5). Subsequent to which, reminder was sent. Learned senior counsel has further submitted that all the documents, as required under the instructions for filling up the online application, were sent except serial No.4 (vii), which is NOC from affiliating body. Learned senior counsel has further submitted that in notification of NCTE dated 28.11.2014, it is mentioned in clause 4(d) that institutions which are self financed educational institutions established and operated by 'not for profit' societies and trusts registered under the appropriate laws or a company incorporated under the Companies Act, 2013 (18 of 2013) are eligible for consideration of their applications. According to him, petitioner- institution is self financed educational institutions established and operated by 'not for profit' societies and trusts registered under the appropriate laws or a company incorporated under the Companies Act, 2013 (18 of 2013). It is further submitted that as per clause 5(4) of the said notification, all the land documents were sent. It is also submitted that vide Annexure-1 NCTE had granted permanent recognition from the session 2004 onwards. Vide Annexure-2, he has attached the prospectus, which gives details regarding the institution regarding its viability. Vide Annexure-3, it is submitted that institution has been recognised as a minority institution by the National Commission for Minority Educational Institutions, Government of India, New Delhi. It is further submitted that even Vinoba Bhave University has granted permanent affiliation for B.Ed. for one-year course from 2010-11 onwards (which was later on converted into two-year B.Ed. course). Petitioner in support of his prayers has indicated the order of this Court passed in W.P.(C) No. 1548 of 2016 dated 20.05.2016, wherein permanent affiliation to the petitioner-college after recognition granted by the NCTE for running two-year B.Ed. course from the academic session 2015-16 was addressed and the Hon'ble Court had directed that, "the petitioner-college is required to approach the authorities of the respondent University without any delay with a request to accept the forms of the students who are said to have been admitted in 2015-17 Session of B.Ed. Course for the first year exam. University authorities would examine the case of the petitioner-college, whether the condition stipulated by the Examining Body is satisfied to enable the students of the said college of the said session to appear in the exam scheduled to be held for the first year course.
Course for the first year exam. University authorities would examine the case of the petitioner-college, whether the condition stipulated by the Examining Body is satisfied to enable the students of the said college of the said session to appear in the exam scheduled to be held for the first year course. Considering the urgency of the matter, let such exercise be completed within a period of on week from today." Subsequent to which, on the same day, which is 20.05.2016 itself, Department of Higher and Technical Education, Government of Jharkhand had directed that there is no need for giving affiliation again in pursuance of the order of the learned Single Judge. Based on all these submissions, learned senior counsel has also submitted that prayers made before this Court may be allowed. 3. Mr. (Dr.) Ashok Kr. Singh, learned counsel appearing for the respondents-Vinoba Bhave University, Hazaribagh, has submitted that the issue is not for new B.Ed. course but for a new M.Ed. course. Learned counsel has submitted that petitioner-college wants to start M.Ed. course right from the current session i.e. 2016-17 and if the matter is further delayed in issuance of No Objection Certificate and giving recognition by the National Council for Teacher Education, then one years' precious time of the students of Jharkhand shall be wasted. Learned counsel has submitted that the session in which application is being made is to be borne in mind as well as date of application. Learned counsel has further submitted that in view of the regulation of the NCTE, 2014, the petitioner-college has applied before the Registrar, Vinoba Bhave University on 03.04.2016 to issue No Objection Certificate as it is duly required under the NCTE Regulation, 2014 as well as the instructions issued for filling up the online application for M.Ed. course under the National Council for Teacher Education. However, learned counsel for the respondents has taken this Court to the instructions for filling up the online application (Annexure-8), whereby in clause 9(b) itself it is stated that registration for online submission of application for academic session 2016-17 shall be open from 01st March 2015 to 31st May, 2015. So, he has submitted that the application should have been made last year in 2015 and not in this year.
So, he has submitted that the application should have been made last year in 2015 and not in this year. Further, he has also referred to Annexure-8/1, which is the notification of NCTE dated 28.11.2014 , whereby in clause 5(5), it is stated that duly completed application in all respects may be submitted to the Regional Committee concerned between 1st March to 31st May of the preceding year from the academic session for which recognition is sought. It is submitted that it is very clear that the application should have been submitted in the preceding year from the academic session for which recognition is sought. In clause 5(6) of the notification, it is stated that all applications received online from 1st March to 31st May of the year shall be processed for the next academic session and final decision, either recognition granted or refused, shall be communicated to the applicant on or before the 3rd day of March of the succeeding year. So, he has submitted that this provision itself is clear that the application must be made at least one year prior to the academic session. Finally, he has referred to clause 10 and clause 11 of the same notification dated 28.11.2014, which read as under: "(10) The Regional Committee shall decide grant of recognition or permission to an institution only after satisfying itself that the institution fulfils all the conditions prescribed by the National Council under the Act, rules or regulations, including, the norms and standards laid down for the relevant teacher education programmes. (11) In the matter of grant of recognition, the Regional Committees shall strictly act within the ambit of the Act, the regulations made thereunder including the norms and standards, for various teacher education programmes, and shall not make any relaxation thereto. He has submitted that it is not possible to allow the prayers which the petitioner has sought. 4. After the submissions of the counsel for the respondents, petitioner has submitted that his application may be considered for the academic session 2017-18. 5. Having gone through the arguments, materials on record and keeping in view the interest of the students in mind, which, I think is also in the interest of State, petitioner-Al-Iqra Teachers' Training College, Bario, Govindpur is directed to immediately correct or apply for the year 2017-18 on the basis of same documentation.
5. Having gone through the arguments, materials on record and keeping in view the interest of the students in mind, which, I think is also in the interest of State, petitioner-Al-Iqra Teachers' Training College, Bario, Govindpur is directed to immediately correct or apply for the year 2017-18 on the basis of same documentation. Respondent- Vinoba Bhave University, Hazaribagh is directed to issue 'No Objection Certificate' to the petitioner-college immediately. It is noted that 'No Objection Certificate' from the University is required and for which, 31.05.2016 will be the last date for the academic session 2017-18. So, under any situation, University may issue the 'No Objection Certificate' by 30.05.2016 to the petitioner-college as the petitioner has already fulfilled all the requirements of affiliation and permanent recognition since the year 2004 itself. It is also noted that since the petitioner-College has got affiliation and recognition from the University as well as National Council for Teacher Education and running the B.Ed. Course from the year 2004 itself, so issuance of No Objection Certificate for starting M.Ed. Course under the Vinoba Bhave University is only formal in nature as per the Regulation of National Council for Teacher Education, 2014. This direction is passed in the light of direction made in W.P.(C) No. 1548 of 2016 dated 20.05.2016. Subsequent to which, Higher and Technical Education Department had passed the necessary order. Keeping in mind the interest of the students as well as interest of the State, respondent-University is directed to issue 'No Objection Certificate' immediately. 6. With the aforesaid observation and direction, this writ petition stands disposed of. Petition disposed of.