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USHA EDUCATIONAL INSTITUTE THRU' CHAIRMAN & ANR. versus NATIONAL COUNCIL FOR TEACHER EDUCATION & OTHERS

High Court of Judicature at Allahabad

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Usha Educational Institute Thru' Chairman & Anr. v. National Council For Teacher Education & Others - WRIT - C No. 52616 of 2005 [2006] RD-AH 9376 (10 May 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Judgment reserved on 9.5.2006

Judgment delivered on 10.5.2006

Civil Misc. Writ Petition No. 52616 of 2005

Usha Educational Institute and another

Versus

National Council for Teacher Education, New Delhi and others

AND

Civil Misc. Writ petition No. 53037 of 2005

Usha Educational Institute and another

Versus

National Council for Teacher Education, New Delhi and others

Hon. Rakesh Tiwari, J.

Heard learned counsel for the parties and perused the record.

The facts and law involved in the two connected writ petitions are the same, hence with the consent of the learned counsel for the parties they are being decided by this common judgment.  

Prem Babu Gupta Memorial Society is registered under the Societies Registration Act. The said society has established Usha Educational Institute, Mathura, hereinafter called as the ''Institute'. The said Institute is affiliated with Dr. Bhim Rao Ambedkar University (formerly known as Agra University).

National Council for Teachers' Education (NCTE) has granted recognition under Section 14 (3) (a) of the NCTE Act, 1993 to the Institute to impart B.Ed. Course from the academic session 2002-03 (Annexure 1 to the writ petition).

The petitioner-Institute thereafter applied for recognition for B.P.Ed. Course also but the NCTE rejected the application of the petitioner by order dated 10.2.2005 vide Annexure 2 to the writ petition on two grounds:

(1) the land of the college has been mortgaged with the Punjab National Bank against the loan advanced by it

                                                          and

(2) there are insufficient books.

Aggrieved by the aforesaid order the petitioners filed an appeal dated 12.4.2005 before the appellate authority (respondent no. 1) under Section 18 of the NCTE Act.

During the pendency of the appeal ptheh petitoenrs removed the deficiency in regard to purchaswe of book inasmuch it purchased additional 2300 books for B.P.Ed. course and also intimated the Regional Director NCTE  by letter dated 25.10.2004 (Annexure 4 to the writ petition) about this fact. However, the appellate authority by its order dated 9.6.2005 rejected the appeal of the petitioners only on the ground that the land is mortgaged with the bank. Copy of the impugned order dated 9.6.2005 passed by the appellate authority is annexed as Annexure 5 to the writ petition.

The petitioners have challenged the order dated 10.2.2005 passed by respondent no. 2 NCTE, Jaipur and order dated 9.6.2005 of the appellate authority NCTE, Delhi (respondent no. 1) on the ground that they had mortgaged the land to obtain loan for purpose of construction of the College and for further development. The said ground is wholly non-existent.

The same facts as in Writ Petition No.53037 of 2005 are involved in this writ petition also.

Briefly stated the facts are that the petitioners had moved an application before the NCTE for grant of recognition to BTC Course. The application has been rejected on the same grounds by respondent no. 1 NCTE, Jaipur by order dated 15.2.2005 (Annexure 2 to the writ petition) and by the appellate authority by order dated 9.6.2005 (Annexure 7 to the writ petition). Since loan account has been closed and the title deed of the land has been returned to the petitioners by the Bank the impugned orders become non-existent and are liable to be quashed and the petitioners are entitled for recognition to run BTC Course also.

It is submitted by the learned counsel for the petitioners that during the pendency of the writ petition the petitioners have paid the entire loan of the Punjab National Bank and the Bank has returned the title deed. Thus, the mortgage stand discharged. Copy of the certificate dated 12.12.2005 issued by the Punjab National Bank Branch ECO House, 28-A, K.G. Marg, New Delhi has also been filed along with supplementary affidavit.

The contention of the learned counsel for the respondents is that the petitioners will have to move a separate application again. The facts as regards removal of objection of the petitioners are not disputed.

In view of the subsequent development, i.e., the loan account no. IO 18703 having been closed and the original title deed of the land having been returned to the petitioners by the Bank on 12.12.2005, the objection raised in the impugned order passed by respondent no. 1 dated 10.2.2005 (Annexure 2 to the writ petition) and respondent no. 2 dated 9.6.2005 (Annexure 5 to the writ petition) cease to exist and the petitioners are entitled for recognition from NCTE to run the B.P.Ed. Course.

For the reasons stated above, the writ petitions are allowed. The petitioners are granted liberty to move application before the concerned authorities which shall be decided by them afresh by a reasoned and speaking order in accordance with law within a period of one month from the date of submission of the application/representation. The petitioners shall submit their representation/application before the authorities concerned within two weeks from today along with a certified copy of this order. No order as to costs.  

Dated: 10.5.2006

Rpk/


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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