Education/Educational Institutions:
National Council for Teacher Education Act, 1993: s. 14(1) – Recognition of institutions offering course or training in teacher education – B Ed. and D.El.Ed. courses – Petitioner-Colleges sought grant of recognition from National Council for Teacher EducationNCTE for conducting either B.Ed. course or D.El.Ed. course or for both – Grant of recognition by NCTE for conducting B.Ed./D.El.Ed. course for Academic Session 2022-2023, on consideration of all necessary requirements – However, recognition not granted for Academic year 2021-2022 – Held: Order granting recognition for Academic Session 2022-2023 recorded its satisfaction with regard to the provisions of the Act and Rules and also with regard to Norms and Standards for the teacher education programme – In view thereof, there can be no rationale for NCTE or its Regional Committee to deny the recognition from the Academic Year 20212022 – Furthermore, counselling for admission is yet to commence – Thus, the cut-off date fiXed by this Court in Maa Vaishno Devi Mahila Mahavidyalaya’s case is eXtended in the facts of these cases Petitioners entitled to grant of recognition from the Academic Session 2021-2022 instead of Academic Session 2022-2023 – National Council for Teacher Education (Recognition, Norms and Procedure) Regulations, 2014.
Allowing and disposing of the writ petitions, the Court HELD: 1.1 Proposal of the petitioners for grant of recognition for conducting either B.Ed. course or D.El.Ed. course or for both have been pending for considerable periods. However, the NCTE or its Regional Committees, after considering all the necessary requirements, have granted recognit ion for conducting B.Ed./D.El.Ed. course for Academic Session 20222023. Perusal of the other petitions would reveal that either identical or similar reasons have been given while granting recognition. It could thus be seen that recognition has been granted by NCTE or its Regional Committees on scrutiny of the applications submitted by the institutions, the documents attached therewith, the affidavits submitted and the reports received from Visiting Teams and videography. It also mentions that the Committee was satisfied that the applicant(s) fulfills the requirement under the provisions of NCTE Act, rules and relevant Regulations, after considering the certificates issued from the affiliating bodies. The order also records its satisfaction with regard to Norms and Standards for the teacher education programme such as instructional facilities, infrastructural facilities, financial resources, etc. for running the programme. [Paras 30, 31, 33][448-E, F; 449-B-D]
1.2 After arriving at such a satisfaction, there can be no rational for NCTE or its Regional Committee to deny the recognition from the Academic Year 2021-2022 and insist on recognition for Academic Session 2022-2023. The counselling for admission is yet to commence. Insofar as the time-line prescribed in the judgment of this Court in the case of Maa Vaishno Devi Mahila Mahavidyalaya’s case is concerned, this Court itself in catena of orders placed on record has modified the time-line fiXed therein. The same course needs to be followed in the instant matter, particularly, when the delay is not attributable to the petitioners, but, on the contrary to NCTE or its Regional Committees. [Para 34][449-D-F]
1.3 The cut-off date fiXed by this Court in Maa Vaishno Devi Mahila Mahavidyalaya’s case is eXtended in the facts of these cases; it is held that the petitioners would be entitled to the recognition granted by respective orders passed by NCTE or its Regional Committees from the Academic Session 2021-2022 instead of Academic Session 2022-2023; the Respondent NCTE and its Regional Committees are directed to issue formal orders/notifications in that regard within the stipulated period; the State and other Authorities would consider grant of affiliation and/or other requisite permissions within the stipulated period; the petitioners would be entitled to admit the students for Academic Session 2021-2022 as per the sanction granted by NCTE for the Academic Session 2022-2023; and the name of the petitionercolleges/institutions would be included in the counselling programme for admissions. [Para 35][449-F-H; 450-A-C]
Maa Vaishno Devi Mahila Mahavidyalaya v. State of Uttar Pradesh and Others (2013) 2 SCC 617 : [2012]
13 SCR 810 – relied on.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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