Vidystahli Shiksha Samiti through Its Secretary Shri Rajesh Kumar Son of Shri Rameshwar Dayal Meena v. Chairman, National Council for Teacher Education
2018-02-07
ALOK SHARMA
body2018
DigiLaw.ai
JUDGMENT : 1. Petitioner-Trust’s applications for grant of recognition for teacher training courses (D.El.Ed. & B.Ed.) have been rejected by the NRC, Jaipur on 5.1.2018 and 10.1.2018 respectively. The petitioner has a remedy of appeal under Section 18 of the NCTE Act, 1993 (hereafter ‘the Act of 1993’) there against. Admittedly the said remedy has been availed by the petitioner-Trust by filing a statutory appeal on 3.2.2018. 2. Yet, simultaneously this petition has been laid by the petitioner-Trust praying for the same relief sought in the statutory appeal against the orders of rejection dated 5.1.2018 and 10.1.2018. The petitioner-Trust has however in the alternative prayed that the appellate authority be directed to dispose of its appeal expeditiously with reference to the time frame under the NCTE Regulations, 2014 where under recognition for commencement of a teacher training course for a given academic year is to be granted on or before 3rd March of that year. 3. Evidently in the facts recorded above, this petition is not maintainable as the issue agitated is under active consideration of the appellate authority in the petitioner-Trust’s appeal under Section 18 of the Act of 1993. 4. Mr. R.P. Singh, Sr. Counsel with Mr. Shashi Kant Saini, however submitted that this petition was filed in the anxiety of the petitioner-Trust of having a decision on the issue of recognition for its D.El.Ed. & B.Ed. courses in the academic year 2018-19 on or before 3rd March, 2018 as that is the last date upto which the recognition can be granted for Academic Year 2018-19. Mr. R.P. Singh submitted that the applications of the petitioner-trust for grant of recognition for D.El.Ed. & B.Ed. courses were pending with NRC for the last over two years (filed in 2016 and the premises were inspected in April, 2016), yet the orders of rejection have been belatedly passed only on 5.1.2018 & 10.1.2018. Mr. R.P. Singh submitted that this delay and the possibility of the appeal itself not being decided before 3rd March will deny to the petitioner-Trust its right to recognition despite fulfilling all requisite parameters. He submitted that in the peculiar situation, the making of NRC’s delay this petition be appropriately disposed of directing that the appellate authority to dispose of the appeal within one week such that if aggrieved the petitioner-Trust does not find itself in a cul-de-sac and can avail its constitutional right to approach this Court.
He submitted that in the peculiar situation, the making of NRC’s delay this petition be appropriately disposed of directing that the appellate authority to dispose of the appeal within one week such that if aggrieved the petitioner-Trust does not find itself in a cul-de-sac and can avail its constitutional right to approach this Court. 5. Sadly the speed of the regulatory bodies in the field of education is quite abysmal. Consideration of application for recognition, NOCs and affiliation even within last date prescribed is not time bound. This leads to this Court being inundated by scores of petitions on regulatory issues which fundamentally are of fact and have to be addressed by the competent authority. The NRC, Jaipur should deal with all applications for grant of recognition for teacher training courses expeditiously and decision on all applications for grant of recognition be taken within a period of four months from the receipt of the applications or as statutorily prescribed as it cannot be visualized that NRC a government body has lack of funds or access thereto. 6. Be as it may, in the context of the facts of the case recorded above, it is directed that appeal filed by the petitioner- Trust against the orders of rejection dated 5.1.2018 and 10.1.2018 for grant of recognition to D.El.Ed. & B.Ed. courses be decided by the appellate authority within 10 days of the receipt of a certified copy of this order in view of the urgency of the case in the context of the last date of recognition statutorily being 3rd March, 2018 prescribed for the academic year 2017-18. The petition is disposed of accordingly.