Punjab-Haryana High Court
Sunshine International College Of ... vs The National Council For Teachers ... on 6 August, 2014
Author: K. Kannan
Bench: K. Kannan
CWP No. 16473 of 2013 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
(1) CWP No. 16473 of 2013 (O&M)
Date of decision: August 6, 2014
Sunshine International College of Education and others
...Petitioners
Versus
The National Council for Teachers Education and others
...Respondents
(2) CWP No. 24674 of 2013 (O&M)
Surjeet Singh Educational Trust
...Petitioner
Versus
The National Council for Teachers Education and others
...Respondents
(3) CWP No. 25725 of 2013 (O&M)
Jat Education Society
...Petitioner
Versus
The National Council for Teachers Education and others
...Respondents
(4) CWP No. 5417 of 2014 (O&M)
Chaudhary Education Society
...Petitioner
Versus
The National Council for Teachers Education and others
...Respondents
Singh Prem
2014.08.07 17:32
I attest to the accuracy and
integrity of this document
Chandigarh
CWP No. 16473 of 2013 2
(5) CWP No. 12310 of 2014 (O&M)
Baba Pritam Dass Shiksha Samiti
...Petitioner
Versus
The National Council for Teachers Education and others
...Respondents
CORAM:- HON'BLE MR. JUSTICE K. KANNAN
1. Whether Reporters of local papers may be allowed to see the judgment ?
2. To be referred to the Reporters or not ?
3. Whether the judgment should be reported in the Digest?
Present: Mr. Pankaj Maini, Advocate,
for the petitioners.
Mr. Naveen S. Bhardwaj, Advocate,
for respondent No.1 in all the writ petitions.
Mr. Anjum Ahmed, Additional Advocate General, Haryana,
for respondents No. 3 in CWP Nos. 16473, 24674 and
25725 of 2013.
Mr. Himanshu Raj, AAG, Haryana,
for respondent No.3 in CWP Nos. 5417 and 12310 of 2014
K. KANNAN, J. (Oral)
1. The petitioners have sought for the recognition of the Teachers Training Institutes was responded to the public notice issued by the National Council for Teachers Education (NCTE) within the time prescribed. The Regulations stipulate a manner of consideration of applications and provides for a State role for its recommendation. The Regulations also contemplate the situations when the State does not give the objection and when the Regional Committees established by NCTE will undertake the task of inspection and taking a decision with reference to Singh Prem 2014.08.07 17:32 I attest to the accuracy and integrity of this document Chandigarh CWP No. 16473 of 2013 3 starting of a Teachers Training College.
2. Before the arguments got fully underway, the counsel appearing on behalf of the NCTE has drawn my attention to the orders passed by the Supreme Court in the case titled Rashtrasant T.M.S. & S.B.V.M.C.A. VID and others Versus Gangadar Nilkant Shende and others on 10.9.2013, where the Supreme Court has adverted to the Commission appointed by the court with former Chief Justice of India Justice J.S. Verma to make his recommendations and that order brings out the fact that the recommendations have been received and the Supreme Court has granted time to notify the new Regulations by 30.11.2013. This date has been extended by the subsequent order passed on 3.7.2014 upto 30.11.2014. The Supreme Court has stated in its order dated 10.9.2013 that the persons desirous of establishing Teachers Education Colleges/Institutes shall make a fresh application in accordance with the new Regulation and all the pending applications shall also be decided in accordance with the new Regulations. It would, therefore, be only appropriate that the applications filed by the petitioners in all these writ petition, which ought to be taken as pending, shall be considered in the light of the Regulations that is framed.
3. Learned counsel for the petitioners states that even in the last two years, after initial public notice issued by the NCTE, approval has been granted by the NCTE itself to some new colleges. In my view, the grant already issued cannot be a ground for consideration of the petitioners' cases in the light of the direction of the Supreme Court in the case, referred to above. I will not, therefore, give any direction for recognition to be issued Singh Prem 2014.08.07 17:32 I attest to the accuracy and integrity of this document Chandigarh CWP No. 16473 of 2013 4 till Regulations are framed and the petitioners' cases shall be considered only under such new Regulation. No further directions are necessary.
4. The writ petitions are disposed of with the above observations. It is hereby clarified that the applications which are said to have been filed by the petitioners and rejected in view of the State objection subsequently that no new private training institutes shall be opened, shall no longer be used against the petitioners and their claims will be considered on their own merits when new Regulations are made in 2014.
August 6, 2014 (K.KANNAN)
prem JUDGE
Singh Prem
2014.08.07 17:32
I attest to the accuracy and
integrity of this document
Chandigarh