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C/M, Awadh Centre Of Education For Women v. State Of U.P. & Others - WRIT - C No. 30854 of 2007  RD-AH 11801 (12 July 2007)
Court No. 33.
Civil Misc. Writ Petition No. 30854 of 2007
Committee of Management for Awadh
Center of Education for women ... Petitioner
State of U.P. & others ... Respondents.
Hon. Sunil Ambwani, J.
Heard learned counsel for the petitioner. Learned Standing Counsel appears for the State respondents, and Sri Rajiv Joshi for National Council for Teacher Education.
The Northern Regional Committee of National Council for Teacher Education (NCTE) has, by its order dated 6.1.2006, granted recognition to the 'Awadh Centre of Education for Women'- the petitioner under Section 15 (3)(a) of the NCTE Act, 1993 for annual intake of 50 seats in the 1st year and the same for the 2nd year in Basic Teachers Certificate (BTC) course of two years duration with effect from 23rd December, 2005, subject to compliance of certain essential conditions. These conditions include in para 3 and 4, the fulfillment of appointment of required number of faculty members ( including Principal/Head of Department) as per norms of NCTE/State Government/affiliating body. Further the recognition is subject to fulfillment of all such other requirements as may be prescribed by other regulatory bodies like State Council of Education Research & Training (SCERT) /State Government etc.
Para 3 and 4 of the Order of Northern Regional Committee of NCTE dated 6.1.2006 provides:
"3. The Recognition is subject to the condition that the affiliating body shall ensure that, among other things, the institution has appointed required number of faculty members (including Principal / Head of Department), as per the norms of the NCTE/State Government/Affiliating body.
4. Further, the recognition is subject to fulfillment of all such other requirements as may be prescribed by other regulatory bodies like SCERT/State Government, et."
It is admitted that petitioner's application for affiliation with SCERT is pending since 7.2.2006.
By this writ petition, the petitioner has prayed for a writ of mandamus to the Director, SCERT, Nishat Ganj, Lucknow to grant permission to the petitioner's college to run BTC course.
The petitioner has relied upon the judgment of State of Maharastra Vs. Sant Dhyaneshwar Shikshan Shastra Mahavidyalaya, JT 2006 (4) SC 201, followed by this Court in Dau Dayal Mahila (P.G.) College Vs. State of U.P. (2007 (5) ADJ 170). The Supreme Court held in paras 48 and 57 as follows:
" 48. In the instant case, admittedly, Parliament has enacted 1993 Act, which is in force. The Preamble of the Act provides for establishment of National Council for Teacher Education (NCTE) with a view to achieving planned and coordinated development of the teacher-education system throughout the country, the regulation and proper maintenance of norms and standards in the teacher-education system and for matters connected therewith. With a view to achieving that object, National Council for Teacher Education has been established at four places by the Central Government. It is thus clear that the field is fully and completely occupied by an Act of Parliament and covered by Entry 66 of List 1 of Schedule VII. It is, therefore, not open to the State Legislature to encroach upon the said field. Parliament alone could have exercised the power by making appropriate law. In the circumstances, it is not open to State Government to refuse permission relying on a State Act or on 'policy consideration'.
57. It is thus clear that the Central government has considered the subject of secondary education and higher education at the national level. The Act of 1993 also requires Parliament to consider Teacher Education System 'throughout the country'. NCTE, therefore, in our opinion, is expected to deal with applications for establishing new B. Ed, colleges or allowing increase in intake capacity, keeping in view 1993 Act and planned and coordinated development of teacher-education system in the country. It is neither open to the State Government nor to a University to consider the local conditions or apply 'State Policy' to refuse
such permission , In fact, as held by this Court in cases referred to herein above. State Government has to power to reject the prayer of an institution or to overrule the decision of NCTE. The action of the State Government, therefore, was contrary to law and has rightly be set aside by the High Court."
In Dau Dayal Mabhila (P.G.) College, (supra) the State Government had taken a stand that the two years basic teachers training course shall be provided to be run only in government institutions, and that the permission of the said course shall not be granted to any private institution. This Court, following the Supreme Court judgment, held that the State Government cannot, by a policy decision, refuse permission to an institution which has been granted recognition by the NCTE for Basic Training Course. Relying upon the Supreme Court judgment in which it was held that the field is fully and completely occupied by an Act of Parliament and covered by Entry 66 of List 1 of Schedule VII of the Constitution of India. The State Government, however, is to be satisfied with the requirement as per norms/ law of recognition have been complied with. If they are still wanting appropriate orders for removing deficiencies in a time bound manner will be issued. If even thereafter the deficiencies are not removed, the SCERT/ State Government may withhold the affiliation and communicate the order to the NCERT within reasonable time.
Sri Rajiv Joshi appearing for the National Council for Teachers Education has accepted the legal position. Learned Standing Counsel has not submitted anything to the contrary and has not relied upon any other provisions of law for the judgments which may differ from the legal position. The issue is fairly well settled.
This writ petition is, as such, disposed of with the same direction as in the case of Dau Dayal Mahila (P.G.) College to the State Council for Educational Research & Training, Lucknow and the State Government to decide petitioner's representation for affiliation of the College with all relevant documents within two months. In
case all the essential conditions are satisfied the College will be given necessary affiliation. The State government will only thereafter allot necessary number of students for admission to the course. The SCERT/State Government will allow affiliation only after detailed inspections, verifying the infrastructure, and requisite number of qualified teachers. The State Government will create a database of qualified teachers and ensure that no such teacher is engaged by proxy or lends his name for any other institution. In case due to any deficiency the application is refused, the petitioner may be at liberty to approach National Council for Teachers Education and to challenge the order of State Council for Educational Research and Training, Lucknow or the State Government as is permissible in law.
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