Andhra HC (Pre-Telangana)
St. Mary'S Educational Society, ... vs Government Of Andhra Pradesh And Others on 17 April, 2000
Equivalent citations: 2000(3)ALD319, 2000(3)ALT95
Author: B. Sudershan Reddy
Bench: B. Sudershan Reddy
ORDER
1. The petitioner in the instant writ petition prays for issuance of a writ of mandamus or any other appropriate writ declaring the proceedings Rc.No. 1479/N2-2/99-2, dated 25-2-2000 of the Commissioner and Director of School Education, Andhra Pradesh, Hyderabad, as illegal and void. The petitioner seeks directions from this Court directing the Southern Regional Committee of National Council for Teacher Education, Bangalore, to receive the application of the petitioner and consider the same for granting permission to establish the College of Education at Buchireddypalem, Buchireddypalem Mandal, Kavali Revenue Division, Nellore District, without insisting upon the production of No Objection Certificate from the Government of Andhra Pradesh.
2. Before adverting to the question as to whether the petitioner is entitled for any relief as such from this Court, it may be necessary to notice a few relevant facts leading to filing of this writ petition by the Petitioner.
3. The first respondent herein published a notification dated 24-2-1998 calling for applications from the private educational societies for the purpose of obtaining No Objection Certificate from the Government of Andhra Pradesh for starting B.Ed., College during the academic year 1998-99. Through an amendment dated 6-3-1998, the first respondent notified the Revenue Divisions in which the colleges have to be established. In Nellore District, Kavali Revenue Division was mentioned as one such Revenue Division for starting B.Ed., College.
4. The petitioner's society pursuant to the said notification submitted an application for grant of No Objection Certificate for starting B.Ed., College at Buchireddypalem village, Kavali Revenue Division, Neliore District. The Commissioner and Director of School Education rejected the petitioner's application on the ground that a copy of the registered sale deed was not enclosed to the application. The petitioner challenged the same in Writ Petition No.9427 of 1999 and this Court by judgment dated 27-7-1999 quashed the same and directed the Commissioner to consider the application dated 22-3-1998 of the petitioner for issue of No Objection Certificate. A Division Bench of this Court confirmed the said judgment in Writ Appeal No. 1825 of 1999 by its order dated 14-12-1999.
5. Thereafter, by the proceedings dated 28-12-1999 and 10-1-2000, the Commissioner and Director of School Education informed the petitioner that its application was referred to the Inspection Team for conducting physical verification for finalisation of the application. The Inspection Team directed the petitioner to fill up the checklist for physical verification. The petitioner's claim is that it had duly submitted the checklist. The Commissioner and Director of School Education, Andhra Pradesh in Rc.No.1479/N2-2/99-2, dated 25-2-2000 rejected the application of the petitioner on the ground that the State Level Standing Committee constituted for the purpose has concluded that one Hussaini Educational Society, Neliore is better placed in comparison to the petitioner's society and resolved to clear the No Objection already given to Hussaini Educational Society, Neliore duly rejecting the application of the petitioner. The said proceedings is impugned in this writ petition.
6. Sri E. Manohar, learned Counsel appearing on behalf of the petitioner-society contends that the Government has no power to reject the application when once the petitioner has complied with all the conditions. It is submitted that the Government is bound to grant No Objection Certificate to all the eligible applicants to enable the National Council for Teacher Education to assess the suitability or otherwise of the rival applicants for granting permission to establish a college. It is submitted that the Government cannot assess the merit of rival applicants for the purpose of issuing No Objection Certificate. This is the principal submission made by the learned senior Counsel for the petitioner. It is also contended that the petitioner-society is better placed than that of the Hussaini Educational Society viewed from any angle. It is further submitted that the impugned order is violative of the principles of natural justice, as the respondents have not provided any opportunity whatsoever to the petitioner before rejecting its application for grant of No Objection Certificate.
7. It is the case of the respondents that the notification has been issued on 24-2-1998 and 6-3-1998 as per the revised guidelines issued by the Government of Andhra Pradesh. The conditions for the issuance of No Objection Certificate were stipulated in the notification itself. So far as Kavali Revenue Division is concerned, the need was assessed for establishing one B.Ed., College and accordingly notification was issued for granting of one No Objection Certificate, in all eight applications have been received in respect of Kavali Revenue Division for grant of No Objection Certificate. All of them were placed before the State Level Standing Committee for scrutiny and finatisation for issue of No Objection Certificate. The State Level Standing Committee in its meeting held on 5-1-1999 has scrutinised the applications and short listed two Registered Educational Societies, that is to say, Hussaini Educational Society, Nellore and Samavesam of Telugu Baptist Church, Nellore for conduct of physical verification as they have satisfied and fulfilled two primary conditions relating to the providing two hectares of land and creation of Rs.5 lakhs corpus fund in the joint account of the DEO concerned and the Registered Educational Society. The other applications including that of the petitioner were rejected. Having considered the applications of the two short listed societies and upon assessment of relative merits, the Committee resolved to issue No Objection Certificate to Hussaini Educational Society, Nellore. Accordingly, No Objection Certificate was issued to the said society vide proceedings dated 12-11-1999.
8. The petitioner's application has been taken up for consideration once again pursuant to the directions of this Court in Writ Petition No.9427 of 1999. In the meanwhile, the third respondent was requested to keep the application of Hussaini Educational Society, Nellore pending until further decision is taken in the matter pursuant to the directions of this Court. The State Level Standing Committee in its meeting held on 23-12-1999 resolved to refer the application of the petitioner-society to the Inspection Team for conduct of physical verification for finalising the case of the petitioner in Kavali Revenue Division, Nellore District. The Inspection Team accordingly after verification submitted its report on 28-1-2000. The entire matter was once again placed before the State Level Standing Committee and the Committee in its meeting held on 24-2-2000 has examined the relative merits of the applications of the petitioner-society and Hussaini Educational Society as per the guidelines issued in G.O. Ms. No.398, Education, dated 4-12-1997 and keeping in view the physical verification. The Committee after a detailed scrutiny of both the applications concluded that Hussaini Educational Society, Nellore is better placed in comparison to the petitioner's society. The Committee accordingly resolved to clear the No Objection Certificate already given to Hussaini Educational Society and rejected the application of the petitioner-society. Accordingly, the application of the petitioner-society was rejected vide proceedings dated 25-2-2000.
9. Sri. D. Prakash Reddy, learned Additional Advocate General appearing on behalf of respondents 1 and 2 submitted that the guidelines issued in G.O. Ms. No.398, Education, dated 4-12-1997 do not suffer from any legal infirmity. The notification itself has been issued on 24-2-1998 and 6-3-1998 inviting the applications from the Registered Educational Societies for issue of one No Objection Certificates in accordance with the guidelines and the petitioner-society submitted an application having fully known the conditions stipulated for issuance of No Objection Certificate, and in the circumstances, the petitioner cannot turn round and say anything about the notification itself. It is further submitted that the appiication of the petitioner-society has been considered in accordance with the directions of this Court in Writ Petition No.9427 of 1999. The decision of the State Level Standing Committee in assessing the relative merits of the petitioner-society and Hussaini Educational Society does not suffer from any infirmity whatsoever.
10. The Parliament enacted the National Council for Teacher Education Act, 1993 (for short 'the NCTE Act'). The Act received assent of the President on 29th December, 1993, but came into force on 1-7-1995. It is an Act brought into existence to provide for the establishment of National Council for Teacher Education with a view to achieving planned and coordinated development of 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. The National Council.for Teacher Education is required to be established by the Central Government in exercise of the power conferred upon it under Section 3 of the NCTE Act. Section 14 of the NCTE Act deals with recognition of Institutions offering course or training in teacher education. It may be necessary to have a look at the whole of Section 14 of the NCTE Act.
"14. (1) Every institution offering or intending to offer a course of training in teacher education on or after the appointed day, may, for grant of recognition under this Act, make an application to the Regional Committee concerned in such form and in such manner as may be determined by regulations:
Provided that an institution offering a course or training in teacher education immediately before the appointed day, shall be entitled to continue such course or training for a period of six months, if it has made an application for recognition within the said period and until the disposal of the application by the Regional Committee.
(2) The fee to be paid along with the application under sub-section(1) shall be such as may be prescribed.
(3) On receipt of an application by the Regional Committee from any institution under sub-section (1), and after obtaining from the institution concerned such other particulars as it may consider necessary, it shall-
(a) if it is satisfied that such institution has adequate financial resources, accommodation, library, qualified staff, laboratory and that it fulfils such other conditions required for proper functioning of the institution for a course or training in teacher education, as may be determined by regulations, pass an order granting recognition to such institution, subject to such conditions as may be determined by regulations, or
(b) if it is of the opinion that such institution does not fulfil the requirements laid down in sub-clause (a), pass an order refusing recognition to such institution for reasons to be recorded in writing :
Provided that before passing an order under sub-clause (b), the Regional Committee shall provide a reasonable opportunity to the concerned institution for making a writing representation.
(4) Every order granting or refusing recognition to an institution for a course or training in teacher education under sub-section (3) shall be published in the Official Gazette and communicated in writing for appropriate action to such institution and to the concerned examining body, the local authority or the State Government and the Central Government.
(5) Every institution, in respect of which recognition has been refused shall discontinue the course or training in teacher education from the end of the academic session next following the date of receipt of the order refusing recognition passed under clause (b) of sub-section (3).
(6) Every examining body shall, on receipt of the other under subsection (4),--
(a) grant affiliation to the institution, where recognition has been granted; or
(b) cancel the affiliation of the institution, where recognition has been refused.
11. A reading of Section 14 wouid make it clear that every institution offering or intending to offer a course or training in teacher education on or after the appointed day has to obtain recognition under the NCTE Act. Section 14(5) in categorical terms declares that every institution, in respect of which recognition has been refused, shall discontinue the course or training in teacher education. Sub-section (6) of Section 14 makes it clear that every examining body shall, on receipt of the order under sub-section (4) grant affiliation to the institution, where recognition has been granted. In the same manner, the examining body has to cancel the affiliation of the institution, where the recognition has been refused. Thus no agency offering or intending to offer a course or training in teacher education shall be permitted to run any institution without recognition from NCTE. The examining body is placed under statutory duty to grant affiliation to the institution only after recognition has been granted by the NCTE and cancel the affiliation of even the existing institution, where recognition has been refused. It is clear that no institution can come into existence without its recognition by NCTE under Section 14 of the NCTE Act.
12. The National Council for Teacher Education framed Regulations in purported exercise of power under Section 32 of the NCTE Act and the Regulations are known as the National Council for Teacher Education (Application for recognition, the manner for submission determination of conditions for recognition of institutions and permission to start new course or training) Regulations, 1995 (for short 'the Regulations'). Regulation 3 of the Regulations deals with application for recognition and it says that every institution offering a course or training in teacher education immediately before the 17th August, 1995 shall make an application for recognition under the Act to the Regional Committee in the form, whereas Regulation 4 deals with application for permission to start new course or training or increase in intake. The said Regulation would be applicable in cases where any recognised institution intends to start any new course or training in teacher education. It also deals with the application for permission, where any recognised institution intends to increase its intake of students beyond the intake approved for such course or training. Regulation 5 provides the manner of making application. Under sub-clause (e) of Regulation 5, every institution intending to offer a course or training in teacher education but was not functioning immediately before the 17th August, 1995 shall submit application for recognition with No Objection Certificate from the State or Union Territory in which the institution is located. In the similar manner, sub-clause (f) provides that application for permission to start new course or training and/or to increase intake by recognised institutions, shall be submitted to the Regional Committee concerned with No Objection Certificate from the State or Union Territory in which the institution is located. Thus, it is clear that every institution intending to offer a course or training in teacher education shall have to obtain No Objection Certificate from the State or Union Territory in which the institution is located and submit the same along with the application for recognition. Such No Objection Certificate is required to be obtained even in cases for permission to start new course or training and/or to increase intake by the institutions, which are already recognised by the NCTE.
13. A combined reading of Sections 12 and 14 of the NCTE Act and Regulations 3, 4 and 5 of the Regulations, 1995 make it abundantly clear that NCTE is exclusively conferred with the jurisdiction to grant recognition under the Act and makes it obligatory for every institution offering or intending to offer a course or training in teacher education to apply for and obtain such recognition from the Council. The examining body is prohibited from granting any affiliation to the institutions where recognition has been refused and is directed to grant affiliation to the institutions where recognition has been granted. Thus the recognition is sine qua non for running every institution offering or intending to offer a course or training in teacher education.
14. It is true that neither the Act nor the Regulations speak about the establishment and permission to establish the institution offering or intending to offer a course or training in teacher education.
15. It is the Andhra Pradesh Education Act, 1982 (Act 1 of 1982 hereinafter called as 'the State Act'), which deals with the permission to be obtained by any agency for establishing educational institution. Educational institutions include institutions offering or intending to offer a course or training in teacher education. Section 20 of the State Act provides as to what matters have to be taken into consideration by the authority concerned while granting permission for establishing educational institutions. Sub-section (3) of Section 20 of the Act inter alia provides that one of the matters to be taken into consideration by the authority concerned is that there is need for providing educational facilities to the people in the locality. The word "locality" with grammatical variations, according to the decision of this Court in Government of Andhra Pradesh v. J.B. Educational Society, (DB), has to be assumed to be "District", according to which, the State Government has power to grant/ refuse permission for establishing educational institutions and includes the Revenue Divisions.
16. After 1-7-1995, the position is radically altered. The National Council for Teacher Education established under Section 3 of the NCTE Act is the competent body to grant recognition under the NCTE Act, The role of the State Government is minimised and we have already noticed the relevant provisions including the regulations framed by the NCTE. The role of the State Government in the matter of establishing educational institutions offering a course or training in teacher education is now confined to grant of No Objection Certificate.
17. The State Government after taking the relevant factors into consideration, suitably formulated its policy and accordingly issued necessary orders framing guidelines covering the entire matter relating to the grant of No Objection Certificate by the State Government vide G.O. Ms. No.398, Education, dated 4-12-1997. The State Governmental order itself clearly recognises that the State Government is only vested with the power to issue No Objection Certificate. The Government constituted State Level Standing Committee (University wise) to assess the educational needs of the locality and to receive and scrutinise the applications and for issue of No Objection Certificate on behalf of the State Government. Various guidelines are prescribed as to how the applications are to be invited, scrutinised and processed by the State Level Standing Committee for the purposes of issuing No Objection Certificate.
The State Governmental order containing the guidelines is not challenged in this writ petition. But the guidelines are to be so read so as to be inconformity with the provisions of the NCTE Act and the regulations made thereunder; so as to avoid any repugnance. The Court shall have to bear in mind that the NCTE Act and the regulations made thereunder is subsequent Legislation to that of the A.P. Education Act, 1982. There is no provision in the NCTE Act enabling the Council to make any assessment about the need for providing a course or training in teacher education to the people in the locality. Section 14 of the NCTE Act enables the Council to grant recognition of institutions offering a course or training in teacher education if it is satisfied that such institution has adequate financial resources, accommodation, library, qualified staff, laboratory and that it fulfils such other conditions required for proper functioning of the institution for a course or training in teacher education, as may be determined by the regulations. The regulations framed by the Council also do not touch upon the aspect relating to assessment of educational needs in providing a course of training in teacher education in any locality as such. Therefore, the State Government's jurisdiction to grant permission for establishing educational institutions including the institution offering or intending to offer a course or training in teacher education is in no way effected so far as it relates to making of an assessment for providing such educational facilities to the people in the locality. The State Government's role is now mainly confined to and concerned with the aspect relating to the need for establishment of institutions offering or intending to offer a course or training in teacher education. The State Government is still entitled to make an assessment about the need for establishment of such institutions offering or intending to offer a course or training in teacher education. The State Government's jurisdiction and authority in this regard is in no way denuded by the subsequent NCTE Act. This much is clear.
18. The requirement of No Objection Certificate from the State Government along with application for recognition to the Regional Committee may have to be understood and appreciated in the aforementioned background. The regulations framed under the NCTE Act impliedly confer such an authority upon the State Government. Perhaps, with a view to have uniformity in the matter of consideration of applications, the State Government rightly framed its own guidelines. We have already noticed that the exclusive authority and jurisdiction for grant of recognition is conferred upon the Council. No institution offering or intending to offer a course or training in teacher education can come into existence without such recognition by the National Council for Teacher education. The Council is entitled to scrutinise as to whether such institution which intends to offer a course or training in teacher education has adequate financial resources, accommodation, library, qualified staff, laboratory and fulfils such other conditions required for proper functioning of the institution as may be determined by the regulations. Therefore, the State Government's role in making an assessment as to adequate financial resources, accommodation, library, qualified staff, laboratory and other conditions is confined only for the purpose of grant of No Objection Certificate. The satisfaction of the State Government with regard to those requirements is of no consequence as far as the National Council for Teacher Education is concerned in the matter of grant of recognition by the Council. It depends upon the exclusive satisfaction of the Council. Obviously, No Objection Certificate is not a conclusive proof as to the requirement of adequate financial resources, accommodation, library etc. The State Government may have evolved its own guidelines for the purpose of considering the applications for grant of No Objection Certificate. No applicant is entitled for recognition merely on the strength of No Objection Certificate issued by the State Government. The Council's satisfaction as to the requirements of adequate financial resources, accommodation, library etc., cannot be solely guided by the No Objection Certificate issued by the State Government. The Council in a given case may still go into the matter before arriving at its own satisfaction about the adequate financial resources, accommodation, library etc., of the proposed institution. Any other interpretation would amount to making the National Council to surrender its discretion to the State Government in the matter of grant of recognition of institutions intending to offer a course or training in teacher education. Such an interpretation would be contrary to the object and scheme of the National Council for Teacher Education.
19. It is, therefore, obvious that the State Government cannot make any relative assessment of applications filed by the institutions intending to offer a course or training in teacher education. The State Government may in a given case issue more than one No Objection Certificate, if more than one applicant satisfy the criteria prescribed for grant of No Objection Certificate. The Government order which prescribes guidelines for assessment of relative merits in case of more than one application with equal merit is to be read down so as to be inconformity with the provisions of NCTE Act and the regulations made thereunder. The relative assessment of merits of applications for the purpose of granting recognition is for the National Council and not for the State Government. It is the function of the National Council and its duty is to take all such steps as it may think fit for ensuring planned and coordinated development of teacher education and for the determination and maintenance of standards for teacher education in the matter. It is the Council, which alone is entitled to lay down guidelines in respect of minimum qualifications for a person to be employed as a teacher in schools or in recognised institutions; to lay down norms for any specified category of courses or trainings in teacher education; to lay down guidelines for compliance by recognised institutions, for providing physical and instructional facilities, staffing pattern and staff qualifications; to take all necessary steps to prevent commercialisation of teacher education. The State Government obviously has no role in such matters enumerated above which are exclusively reserved for the satisfaction and consideration of the National Council. The decision of the State Government to grant only one No Objection Certificate in respect of an area/locality, for recognition of an institution intending to offer a course or training in teacher education would make serious inroads into the authority and jurisdiction of the National Council. The National Council would be virtually left with no discretion and cannot decide for itself except to grant recognition to an institution in respect of which No Objection Certificate has been issued by the State Government. Perhaps, the only alternative, if it is not satisfied with the requirements relating to adequate financial resources, accommodation, library etc., inspite of a No Objection Certificate from the State Government, is not to grant any recognition at all. Then the result would be, the identified area by the State Government would be left without any institution. Such an anomalous and absurd situation is to be avoided.
20. For all the aforesaid reasons, I am of the opinion that the State Government in appropriate cases may have to issue more than one No Objection Certificate subject to its satisfaction of the applicants complying with the guidelines prescribed in the matter vide G.O. Ms.No.398, Education, dated 4-12-1997. The State Level Standing Committee itself cannot make any relative assessment of the merit and confine itself to grant only one No Objection Certificate. Precisely, that is what has been done in this case. The State Level Standing Committee made relative assessment of merits of applications filed by the petitioner and the Hussaini Educational Society and in its wisdom concluded that "Hussaini Educational Society is better placed in comparison to the petitioner's society". The record does not show as to on what basis the State Level Standing Committee has arrived at such conclusion. There is no apparent and discernible reason recorded in arriving at such conclusion. Such a course is not permissible. At any rate, that may not be of any consequence inasmuch as grant of No Objection Certificate to Hussaini Educational Society is not impugned in this writ petition. In the impugned order, it is nowhere stated as to whether the petitioner-society complied with the requirements as laid down in G.O. Ms.No.398, Education, dated 4-12-1997. In the absence of that finding, this Court cannot straight away direct the respondents herein to issue No Objection Certificate to the petitioner-society for establishing a B.Ed., college in Kavali Revenue Division. I may hasten to add that I have not expressed any opinion whatsoever with regard to No Objection Certificate issued to Hussaini Educational Society, as the same is not impugned in this writ petition. Obviously, Hussaini Educational Society complied with all the requirements stipulated in G.O. Ms. No.398, Education, dated 4-12-1997.
21. In the circumstances, respondents 1 and 2 are directed to reconsider the application of the petitioner for grant of No Objection Certificate forthwith and shall accordingly issue No Objection Certificate if it satisfies the requirements as provided in G.O. Ms. No.398, Education, dated 4-12-1997. It is for the third respondent to consider the application of the petitioner in case, if No Objection Certificate is granted by respondents 1 and 2 along with Hussaini Educational Society for grant of recognition under the NCTE Act.
22. The writ petition is accordingly allowed to the extent indicated above. No order as to costs.