Punjab-Haryana High Court
Federation Of Self Financed Colleges vs Ncte And Others on 3 June, 2016
CM No. 1679 of 2016 in
CWP No. 15773 of 2015 -1-
259
Federation of Self Financed Colleges of Education, Punjab
vs.
National Council for Teacher Education and others
Present: Mr. Rajiv Atma Ram, Senior Advocate with
Mr.Arjun Partap Atma Ram, Advocate for the petitioner.
Mr. Ashish Rawat, Advocate for respondent No.1
Mr. Ashe Kumar Goyal, Advocate for respondent No.2.
Mr. Karan Singh Sandhu, Advocate for respondent No.3
Mr. Vishal Khatri, Advocate for respondent No.4
Mr. Amrit Paul, Advocate for respondent No.5.
...
In the main petition, the petitioner questioned communications dated 19.5.2015 (Annexure P-7), 27.5.2015 (Annexure P-8), 30.6.2015 (Annexure P-9) and dated Nil (Annexure P12).
2) The petitioner-Federation and its constituent three Associations of B.Ed. Colleges for 140 B.Ed. Colleges associated with the Associations/Federation, which are stated to have been recognized by the National Council for Teacher Education (NCTE) and the colleges are affiliated to one of respondents No. 3, 4 and 5 - Universities and the State of Punjab has given no objection certificate. The Federation is registered as a Society under the Societies Registration Act, 1860. Federation consists of three Associations of Colleges of Education, one Association each for 1 of 14 ::: Downloaded on - 10-06-2016 00:00:26 ::: CM No. 1679 of 2016 in CWP No. 15773 of 2015 -2- Panjab University, Chandigarh, Punjabi University, Patiala and Guru Nanak Dev University, Amritsar. The respondent - Universities 3, 4 and 5 are preventing petitioner - Federation for the purpose of appointing to the post of Assistant Professor for B.Ed. courses with reference to the fact that Assistant professors in the B.Ed. College do not fulfill qualification of National Eligibility Test (NET). (3) The B.Ed. and M.Ed. Colleges are governed by NCTE Act 1993 and in supersession of the NCTE [ Recognition Norms and Procedure] Regulations 2009. It is relevant to peruse certain provisions of NCTE Act, 1993 and UGC Act, 1956 read with regulations issued under the aforesaid Acts. Section 26 of UGC Act, 1956, reads as under :-
"Section 26. Power to make Regulations".
Sub Section (e) reads as follows "(e) defining the qualifications that should ordinarily be required of any person to be appointed to the teaching staff of the University, having regard to the branch of education in which he is expected to give instruction;"
Section 32 of the NCTE Act, 1993, provides for power to make regulations. Sub Section (d) of Section 12 read with Clause (2) (d)
(i) of Section 32 provides for prescription of qualification.
Clause (i) reads as follows :-
"(i) the minimum qualifications for a person to be employed as a teacher under clause (d) of section 12;"
2 of 14 ::: Downloaded on - 10-06-2016 00:00:27 ::: CM No. 1679 of 2016 in CWP No. 15773 of 2015 -3- In other words both UGC Act, 1956 and NCTE Act, 1993 provides for framing of regulations, as well as, prescription of qualification.
Appendix 4 (NCTE Regulation, 2009) (II) Qualifications
(i) Principal/Head (in multi-faculty institution) :-
XXX XXX XXX
(ii) Lecturer
(a) Foundation Courses One
(i) Master's Degree in science/humanities/arts with fifty percent marks
(ii) M.Ed. with at least fifty five percent marks or its equivalent grade and
(iii) Any other stipulation prescribed by the UGC / affiliating body / State Govt. from time to time for the positions of principal and lecturers shall be mandatory OR
(i) M.A. in Education with fifty five percent marks or its equivalent grade
(ii) B.Ed. with at least fifty five percent marks and
(iii) Any other stipulation prescribed by the UGC / affiliating body / State Govt. from time to time for the positions of principal and lecturers shall be mandatory
(b) Methodology Courses Six
(i) Master's degree in a school subject with fifty 3 of 14 ::: Downloaded on - 10-06-2016 00:00:27 ::: CM No. 1679 of 2016 in CWP No. 15773 of 2015 -4- percent marks
(ii) M.Ed. degree with at least fifty five percent marks or its equivalent grade and
(iii) Any other stipulation prescribed by the UGC / affiliating body / State Govt. from time to time for the positions of principal and lecturers shall be mandatory"
4) On 30.6.2010 UGC Regulations on minimum qualifications for appointment of teachers and other academic staff in Universities and Colleges and measures for the maintenance of standards in Higher Education 2010 was evolved. An extract of Recruitment and qualifications 3.0.0 to 3.3.2 is reproduced below:-
3.0.0.RECRUITMENT AND QUALIFICATIONS 3.1.0 The direct recruitment to the posts of Assistant Professors, Associate Professors and Professors in the Universities and Colleges shall be on the basis of merit through all India advertisement and selections by the duly constituted Selection Committees as per the provisions made under these Regulations to be incorporated under the Statutes/Ordinances of the concerned university. The composition of such committees should be as prescribed by the UGC in these Regulations. 3.2.0 The minimum qualifications required for the post of Assistant Professors, Associate Professors, Professors, Principals, Assistant Directors 4 of 14 ::: Downloaded on - 10-06-2016 00:00:27 ::: CM No. 1679 of 2016 in CWP No. 15773 of 2015 -5- of Physical Education and Sports, Deputy Directors of Physical Education and Sports, Directors of Physical Education and Sports, Assistant Librarians, Deputy Librarians, Librarians will be those as prescribed by the UGC in these Regulations. 3.3.0 The minimum requirements of a good academic record, 55% marks (or an equivalent grade in a point scale wherever grading system is followed) at the master's level and qualifying in the National Eligibility Test (NET), or an accredited test (State Level Eligibility Test -
SLET/SET), shall remain for the appointment of Assistant Professors.
3.3.1. NET/SLET/SET shall remain the minimum eligibility condition for recruitment and appointment of Assistant Professors in Universities / Colleges / Institutions. Provided however, that candidates, who are or have been awarded a Ph. D. Degree in accordance with the University Grants Commission (Minimum Standards and Procedure for Award of Ph.D. Degree) Regulations, 2009, shall be exempted from the requirement of the minimum eligibility condition of NET/SLET/SET for recruitment and appointment of Assistant Professor or equivalent positions in Universities / 5 of 14 ::: Downloaded on - 10-06-2016 00:00:27 ::: CM No. 1679 of 2016 in CWP No. 15773 of 2015 -6- Colleges / Institutions.
3.3.2 NET/SLET/SET shall not be required for such Masters Degree Programmes in disciplines for which NET/SLET/SET accredited test is not conducted."
5) The NCTE repealed the Regulation 2009 on 28.11.2014 called "National Council of Teacher Education [Recognition Norms and Procedure] Regulations, 2014. An extract of Appendix 4 and 5 is reproduced hereunder:-
" APPENDIX-4 (NCTE Regulation, 2014) Norms and Standards for bachelor of education programme leading to the Bachelor of Education (B.Ed.) Degree
1. Preamble The Bachelor of Education Programme, generally known as B.Ed., is a professional course that prepares teachers for upper primary or middle level (classes VI-VIII), secondary level (classes IC-X) and senior secondary level (classes XI-XII). The programme shall be offered in composite institutions as defined in clause (b) of regulations
2.
XXX XXX XXX
5.2 Qualifications
The faculty shall possess the following
qualifications
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CM No. 1679 of 2016 in
CWP No. 15773 of 2015 -7-
A Principal/HoD
(i) Postgraduate degree in Arts/Sciences/ Social Sciences/Humanities/Commerce/ with minimum 55% marks and
(ii)M.Ed. With minimum 55% marks; and
(iii)Ph.D. In Education or in any pedagogic subject offered in the institution; and
(iv)Eight years of teaching experience in a secondary Teacher Education Institution.
Desirable: Diploma/Degree in Educational Administration or Educational Leadership B Perspectives in Education or Foundation Courses
(i) Postgraduate degree in Social Sciences with minimum 55% marks and
(vi)M.Ed. Degree from a recognised university with minimum 55% marks OR
(i) Postgraduate (MA) degree in Education with minimum 55% marks; and
(ii)B.Ed./B.El.Ed. Degree with minimum 55% marks.
C Curriculum and Pedagogic Courses
(i) Postgraduate degree in Sciences/ Mathematics/Social Sciences /Languages with minimum 55% marks 7 of 14 ::: Downloaded on - 10-06-2016 00:00:27 ::: CM No. 1679 of 2016 in CWP No. 15773 of 2015 -8-
(ii)M.Ed. Degree with minimum 55% marks Desirable: Ph.D Degree in Education with subject specialisations.
[Note: In case of B and C put together, for two faculty positions, a postgraduate degree in Sociology/Psychology/ Philosophy with 55% marks, and B.Ed./BElEd with 55% marks and three years of teaching experience in a secondary school shall be considered.] XXX XXX XXX APPENDIX-5 (NCTE Regulation, 2014) Norms and Standards for master of education programme leading to Master of Education (M.Ed.) Degree
1. Preamble The Master of Education (M.Ed.) Programme is a two-year professional programme in the field of Teacher Education which aims at preparing teacher educators and other education professionals including curriculum developers, educational policy analysts, planners, administrators, supervisors, school principals and researchers. The completion of the programme 8 of 14 ::: Downloaded on - 10-06-2016 00:00:27 ::: CM No. 1679 of 2016 in CWP No. 15773 of 2015 -9- shall lead to M.Ed. Degree with specialisation either in elementary education (upto class VIII) or in secondary education (classes VI-XII).
XXX XXX XXX Principal/HOD
(i)Postgraduate degree in related discipline
(ii)M.Ed. With minimum 55% marks
(iii)Ph.D in Education Ten years of professional experience in teacher education.
B. Professor and Associate Professor
(i) Postgraduate degree with minimum 55% marks in the discipline relevant to the area of specialisation.
(ii) Postgraduate degree in Education (M.Ed./M.A. Education) with minimum 55% marks.
(iii) Ph.D degree in Education or in the discipline relevant to the area of specialisation.
(iv) Any other qualifications prescribed by UGC like NET qualification or length of professional teaching experience as per UGC or state government norms for the positions of Professor and Associate Professor. C. Assistant Professor
(i) Postgraduate degree with minimum 55% 9 of 14 ::: Downloaded on - 10-06-2016 00:00:27 ::: CM No. 1679 of 2016 in CWP No. 15773 of 2015 -10- marks in the discipline relevant to the area of specialisation.
(ii) Postgraduate degree in Education (M.Ed./M.A. Education) with minimum 55% marks.
(iii) Any other qualifications prescribed by UGC like NET qualification.
(Note: Faculty can be utilised for teaching in a flexible manner so as to optimise academic expertise available)."
NATIONAL COUNCIL FOR TEACHER EDUCATION [Regulation, 2014] XXX XXX XXX 7. Processing of applications.- XXX XXX XXX
(13) The institution concerned shall he informed, through a letter of intent, regarding the decision for grant of recognition or permission subject to appointment of qualified faculty members before the commencement of the academic session. The letter of intent issued under this clause shall not be notified. in the Gazette but would be sent to the institution and the affiliating body with the request that the process of appointment of qualified staff as per policy of State Government or University Grants Commission 10 of 14 ::: Downloaded on - 10-06-2016 00:00:27 ::: CM No. 1679 of 2016 in CWP No. 15773 of 2015 -11- or University may be initiated and the institution be provided all assistance to ensure that the staff or faculty is appointed as per the norms of the Council within two months. The institution shall submit the list of the faculty, as approved by the affiliating body, to the Regional Committee.
XXX XXX XXX
13. Repeal and savings.- (1) The National Council for Teacher Education (Recognition Norms and Procedure) Regulations, 2009 is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken or purported to have been done or taken under the regulations hereby repealed shall, in so far as it is not inconsistent with the provisions of these regulations, be deemed to have been done or taken under the corresponding provisions of these regulations."
6) In the background of the aforesaid regulations viz. NCTE Regulations, 2009, UGC Regulations 2010 and NCTE Regulations 2014, the learned counsel for the petitioner pointed out that in the NCTE Regulation, 2009, there was a clause for appointing Assistant Professor for teaching B.Ed. Course College UGC Norms are to be followed. Such a clause is not existing in NCTE Regulation, 2014 (Repealed Regulation, 2009). In view of these facts and circumstances, the respondents-Universities cannot insist that 11 of 14 ::: Downloaded on - 10-06-2016 00:00:27 ::: CM No. 1679 of 2016 in CWP No. 15773 of 2015 -12- prescribed qualification by UGC is required to be followed by B.Ed. Colleges, even though petitioner B.Ed. College Federation is governed by NCTE Regulation, 2014.
7) Learned counsel for the respondents relied on Sub Clause 13 of Regulation No. 7 of NCTE Regulation, 2014 requires that "the process of appointment of qualified staff as per policy of State Government or University Grants Commission or University may be initiated and the institution to provide all assistance to ensure that the staff or faculty is appointed as per the norms of the Council within two months. The institution shall submit the list of the faculty as approved by the affiliating body, to the Regional Committee." In view of the aforesaid clause, the petitioners are bound to follow the prescribed qualification by the UGC while appointing Assistant Professors for the B.Ed. College also and they cannot side track qualification prescribed by UGC Regulation, 2010. Therefore, the petitioners are not entitled for interim direction as prayed in CM No. 1679 of 2016. The respondents further contended that they have filed their reply to CM No.1679 of 2016, in which they have extracted the qualification containing that candidates for the post of Assistant Professors (Lecturers) for B.Ed./M.Ed. Courses, must have cleared the National Eligibility Test (NET) conducted by the UGC, SLET or similar test conducted by UGC SLET/SET etc. In view of the Regulation 4.4.7 "3" is reproduced hereunder:-
"4.4.7 QUALIFICATIONS PRESCRIBED FOR FACULTY POSITIONS IN THE REGULATIONS OF
12 of 14 ::: Downloaded on - 10-06-2016 00:00:27 ::: CM No. 1679 of 2016 in CWP No. 15773 of 2015 -13- NCTE.
A. QUALIFICATIONS FOR B. Ed. COURSE:
(i) XXX XXX XXX
(ii) ASSISTANT PROFESSOR:
XXX XXX XXX
3. Any other stipulation prescribed by the UGC / any such affiliating body / State Government, from time to time for the positions of principal and lecturers, shall be mandatory;"
Aforesaid qualification is of UGC Regulation, 2010.
8) Whereas, NCTE Regulation, 2014, in so far as Assistant Professor post for B.Ed., course is concerned, there is no prescription that UGC prescribed qualification is to be taken into consideration for the purpose of selection and appointment. In the absence of specific prescription of NET qualification for B.Ed., Courses. The respondent-
Universities cannot insist that Assistant Professors (Lecturers) for B.Ed. Courses are governed by the NCTE Regulation 2014, need to clear the NET. No doubt UGC Regulation, 2010 prescribe qualifications for B.Ed., Course that "any other stipulation prescribed by the UGC/any such affiliating body/State Government, from time to time for the positions of Principals and Lecturers, shall be mandatory", whereas B.Ed. Courses and M.Ed. Courses are governed by NCTE. NCTE Regulation, 2014 overlaps UGC Regulation, 2010 in so far as prescription of qualification for the B.Ed. Course. NCTE Regulation, 2014 would prevail over UGC Regulation, 2010 even though sub-regulation (13) of 7 states that the process of appointment 13 of 14 ::: Downloaded on - 10-06-2016 00:00:27 ::: CM No. 1679 of 2016 in CWP No. 15773 of 2015 -14- of qualified staff as per policy of State Government or University Grants Commission or University etc. However, specific provision is not prescribed for B.Ed., Course on the other hand for M.Ed., Course such qualification is prescribed. That apart both the Acts viz., UGC Act, 1956 and NCTE Act, 1993 provides for framing of regulations and so also for prescription of qualifications. Since B.Ed., Courses are governed by NCTE Act, 1993 read with NCTE Regulation, 2014, respondents cannot insist for NET qualification to B.Ed., courses.
9) In view of these factual position, CM No.1679 of 2016 is allowed and the respondent-Universities are directed to comply with the NCTE Regulations, 2014 only to B.Ed., Course and to consider non-NET qualified teacher also for appointment to the post of Assistant Professors in Private Un-Aided Colleges in the B.Ed. Course, pending disposal of this petition.
( P.B. Bajanthri )
rd
June 3 , 2016 Judge
chugh
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