Patna High Court
Arajkiya Khwaja Shahid Hussain Primary ... vs State Of Bihar And Ors. on 23 September, 2005
Equivalent citations: AIR2006PAT5, 2005(53)BLJR2189, AIR 2006 PATNA 5, (2005) 3 BLJ 93, 2005 BLJR 3 2189, (2005) 4 PAT LJR 607
JUDGMENT J.N. Bhatt, C.J.
1. By this Letters Patent. Appeal under Clause X of the Letters Patent, the appellant Arajkiya Khwaja Shahid Hussain Primary Teacher Training College (in short, the college) has assailed the judgment of the learned single Judge rendered in CWJC No. 5539 of 2004, passed on 16-3-2005., whereby the writ petition filed by the appellant-College for the direction for declaration of result of the examination of the students of the College for the Sessions, 1987-89, 1988-90 to 1992-94 came to be rejected on the grounds that; (1) the petition suffers from the delay, laches and negligence and acquiescence, (2) there was no explanation offered for a period since 1988 till 1997, as to why earlier legal redressal was not sought, (3) upon inquiry the College did not fulfil the requisite requirements even on the date of the inspection and, therefore, the affiliation was cancelled and revoked by the respondents-authorities from the date as it was granted temporary affiliation, (4) that the original petitioner had not disclosed that the affiliation was cancelled by the order, dated 16-12-1999, and therefore, the original petitioner appellant college is guilty of suppression of material facts and misleading the court in obtaining the process of the Court, and (5) that the appellant-institution had not applied for recognition in terms of Section 14 of the National Council for Teacher Education Act, 1993 (Act No. 77/1993) (in Short, The Act), which came on the statute on 1-7-1995, as such, the date 1-7-1995 was appointed Day, on which it came into operation.
2. We have heard learned Counsels appearing for the parties, threadbare and, dispassionately the record emerging from the present appeal is examined. The relevant case law, as well as, provisions of the Act are taken into consideration.
3. A few material facts relevant and useful for the purpose of consideration and adjudication of the merits of the Letters Patent Appeal may be highlighted, at this juncture:
(1) That the appellant-institution is running a College, which was not granted recognition and thereafter temporary recognition was given till the writ petition was filed and the order was obtained, though, it was started in 1985.
(2) That in the writ petition filed by the appellant, this Court by an order dated 22nd September, 1987 directed the state Government to consider the issue of grant or otherwise on recognition within three months.
4. The recognition of the College was not considered and decided for long and, therefore, a SLP, No. 12014/1987 came to be filed by the appellant and the Honble Supreme Court by an order, dated 18-8-89 directed the concerned competent Board to permit the students of the College for the Sessions 1985-87 to appear in the examinations.
5. The students of the College were allowed to appear in the examinations of the Sessions 1985-87, and 1986-88 and their results were, also, published by the Board.
6. The students of the College for the Sessions 1987-89 were also allowed to appear in the examination but the result was not published by the Board.
It is, in this context, the petition filed by the original-petitioner-appellant College failed, hence, this Letters Patent Appeal, mainly, on the ground that as the students are bona fide students and are not responsible and also have completed training, they should be given an opportunity for appearing in the examination of the Board. There is no dispute about the fact that the respondents authorities had cancelled or revoked the recognition of the College by a letter, dated 16 December, 1999
7. The learned Counsel appearing for the appellant-College has, forcefully, submitted that the action of the respondents-authorities is illegal, as, according to him, they have no power to cancel the recognition after coming into force of the new Act, 1993.
8. We have examined the content and colour of the judgment. The views recorded by the learned single Judge and ultimate conclusions recorded, in our view, is in consonance with the settled proposition of law propounded by the Honble Apex Court. Nothing has been, successfully, shown or pointed out, which would, remotely, even prompt us to interfere with the judgment in this Letters patent Appeal with the help of Clause X of the Letters Patent Appeal.
9. The Act is brought into force to provide for establishment of a National Council for Teacher Education with a view of achieving planned and coordinated development for the teacher education system in the whole of the country and for regularization and proper maintenance and the norms and standards in the teacher education system.
10. The National Council for Teacher Education was set up in 1973, by a Government Resolution pertaining to the teacher education. NCTE's status and role had so far been purely advisory and mainly due to this reason, it has had very little impact on the standards of teacher training institutions in our country. NCTE's could not make more impact on the mechanism and standard of teacher training institution in this country and on their un-planned growth.
11. It is, in this context, and, also, with a view to maintain standards of teacher education, National Policy, on Education and its object that the NCTE would be provided necessary resources and capacity of accredited institution of teacher education and provide guidance regarding curricula and methods. Later on, the National Council For Teacher Education Act, 1993 was brought into force, as stated herein above.
12. Chapter (IV) of the Act deals with the provisions for recognition of the teachers education institutions. The process, method and other modus-operandies, for the purpose of applying and acquiring recognition of teachers education, are provided, in Chapter IV, in Section 14 to Section 18.
13. It will be interesting to refer to the provisions of sub-sections of Section 14, which are materials to be focused for deciding the question on hand. Section 14 runs as follows :
14. Recognition of institutions offering course or training in teacher education. (1) Every institution offering or intending to offer a course or 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 of 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 order under Sub-section (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.
14. It. could very well be seen in the aforesaid statutory provision that the recognized Teachers Training College is prior to the cut off date 29 December, 1993. Every institution offering or intending to offer course or training in teacher education on or after the appointed day, may, for grant of recognition under the provision of Section 14 of the Act is obliged to make an application to the Regional Committee concerned in such form and manner as may be determined by the regulation.
15. An institution offering course or training in teacher education immediately before the appointed day shall be entitled to continue such a course or training for a period of six months, if it has made application before the Regional Committee with requisite fees and till this application is decided the College for training in teacher education will continue to run, in short, until the disposal of the application by the Regional Committee, such institution will continue to function provided an application has been made for recognition and affiliation within the period of 6 months after the operation of the Act. There is no dispute about the fact that no such application had ever been made by the appellant-original petitioner College for the reasons not known to us.
16. If the Regional Committee upon inquiry and investigation and evaluation of the merits comes to a conclusion that the institution does not fulfil the requisite parameters and standards laid down in Sub-Clause (a) of Sub-section (3) of Section 14 then the Committee is competent to pass an order of refusing the recognition to such institution, for reasons to be recorded in writing, after providing reasonable opportunity to the concerned institution for making written representation.
17. It is, also, clear that every order refusing or granting the recognition on an application by the Regional Committee to an applicant institution for a course or training in teacher education under Sub-section (3) of Section 14 shall be published in the Official Gazette. Obviously, every institution in respect of which recognition has been refused by the Regional Committee, such an institution shall discontinue the course or training in teachers 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)-of Section 14.
18. The forceful submission raised on behalf of the learned counsel for the appellant-institution Sri Rajendra Pd. Singh, Sr. Advocate, has been that at least for the session during the period when the temporary affiliation or recognition was, in force, the examination ought to have been taken and, therefore, the learned single Judge has committed serious error, it is, in this context, it is submitted that this appellate Court may direct the respondent Board to take examinations and declare results, at least, for the sessions of the relevant years till the recognition was cancelled or revoked. The aforesaid submission prima facie may appear to be alluring and attractive, but not sound and sustainable for two reasons :
(1) That when the Act came into force: on 1st July, 1993 (he affiliation was, in force, but. as per the statutory mandate no application for affiliation was, admittedly, made within the period of six months. Obviously, therefore, there was no question of any continuance of the valid and legal course and the examination and (2) no any explanation whatsoever for suppression of material facts about the revocation of the recognition by the respondents-authorities was offered. Again, despite the Act came into force on 1st July, 1993 and having not taken any requisite action contemplated under the provisions of Section 14 for the continuance of the recognition and affiliation of the appellant College, it kept conspicuous silence till the petition came to be filed before the learned single Judge. There is, also, no any plausible or reasonable explanation as to why the legal redressed was not sought till 2004 when the petition was filed for the Sessions starting from 1988-92, and 1995-97.
19. Once the recognition or affiliation is cancelled by the competent authority upon inquiry and inspection and expert reports, nobody can be allowed to say that the period prior to that should be considered legal and valid and examination should be directed to be conducted by the respondent Board since it is not, also, ease that period was not considered by the Board.
20. Now, it would be expedient to refer to the decisions relied upon by learned counsels for the parties in course of their submissions to reinforce their respective rival versions and pleas.
Case Law relied on and referred to.
(A) In "St. John's Teachers Training Institute (For Women), Madurai v. State of Tamil Nadu" wherein, it has been held that the institution which has been granted temporary recognition before the commencement of the rules is also bound to comply with the condition so as to be entitled for permanent recognition. It is further directed in the said judgment that the Court should not pass an interim order permitting the students of institution, which fail to get recognition due to non-fulfillment of the conditions, to appear in the examination. This decision is squarely attracted to the facts of the case.
(B) In "B.N. Mandal University v. Md. Mushtaque Alam" (2003) 4 Pat LJR 197, which has been relied upon by the learned Counsel for the appellant, is quite out of place and misconceived, for the reason, that it was rendered in the context of the facts of that case and again in view or decision contrary to or not in consonance with the decision of the Apex Court will not have a binding effect. The Division Bench decision of this Court, therefore, is of no help to learned counsel for the appellant.
(C) In "Muthu Kumar v. State of Tamil Nadu , it has been, rightly, held that right to issuance of diploma/certificate for passing of examination is a serious question and has to be examined seriously. Merely passing of a public examination is not enough as it must be coupled with proper training in a recognized institution. It is, only, then the result shall be meaningful and purposeful. Therefore, the candidates having undergone training in institution whose recognition, subsequently, had been withdrawn, held, would not be entitled to issuance of mark-sheets, certificates, or diplomas in teachers training.
They would only be entitled to declaration of examination results. In that case, the petitioner had undergone training (between 1989 to 1991) in various institutions and had taken up examination in May, 1992. The recognition of the institution, subsequently, came to be withdrawn as a result of a ruling in "P. M. Joseph v. State of T. N. (1993)", which clearly covered those institutions. It is, therefore, in that context the petitioner, who had filed the petition seeking publication of result of the examination and issuance of diplomas of teacher training, it was held, that could not be granted. Again, the maintainability of the petition on the ground of delay and laches was considered and it was held that mandamus sought after six years delay on facts could not be granted. The same is the case in the petition on hand.
(Emphasis supplied) (D) It will, also, be material to state at this juncture that in "St. John's Teacher Training Institute (For Women), Madurai v. State of Tamil Nadu etc." , it has been clearly propounded and highlighted as to when and how directions at the interim stage could be considered in case of a claim by students of unrecognized institution for the purpose of appearance in the examination. It has been observed that direction allowing the students of unrecognized institution to appear at examinations pending disposal of the writ petition under Article 226 should not be issued, as such, and such interim orders affect the careers of students and cause unnecessary embarrassment and harassment to authorities. Why to streach the obvious? It is, in (his context, it has been directed that the interim order permitting the students of unrecognized institutions to appear at the examination should not be passed or granted.
The purpose and design of Training to Teachers:
21. In terms of Section 14 of the Act a provision has been made with regard to the recognition of institutions offering course or training in teacher education where it has been clearly, inter alia, directed that every institution intending to offer a course for training in teacher education or after the appointed day can apply for recognition of the institution before the Regional Committee, as observed herein before.
22. In terms of the proviso of Sub-section (1) of Section 14 the institutions wihch are, already, recognized or affiliated for a course or training in teacher education have to immediately apply before the appointed day and on such an application an institution shall be entitled to continue such course or training for a further period of six months, if it has made an application for recognition within the said period. It is further provided that until the disposal of the application preferred by the institution to the Regional Committee for recognition is decided on merits, such a course should continue and in the event of refusal the institution shall discontinue the course for training in teacher education from the end of the next Academic Sessions, following the date of the receipt of the order refusing recognition and the examining body will grant affiliation to the institution only where recognition has been granted and will cancel the affiliation of the institution where recognition has not been granted or refused.
23. There is, also, a provision that provisional or temporary recognition or affiliation of an institution for a course or training to be conducted by the recognized institute unless the institution concerned has obtained regular recognition from the Regional Committee concerned under Section 14 or permission for a course of training under Section 15. If the recognition is refused or rejected by the Regional Committee, obviously, the recognition, temporarily, granted shall be withdrawn or would come to an end and it cannot, therefore, be contended that students who have received education and who have been trained for the teacher education in between should be allowed to appear for examination under the umbrella of provisional or temporary recognition which is, obviously, an ad hoc arrangement till the final decision is reached by the Regional Committee, on merits, upon evaluation of the merits of the application of the Institution.
24. In the case on hand it is, admitted fact, that the appellant institute had not even applied within the time limit prescribed and had not even subsequently, also, made such an application for recognition after the appointed day under the Act, how can the students of such unrecognized institution, be permitted to appear for examination and if at all they have appeared, how could there be the grant of certificate or degree, more so, when the final outcome on the application for recognition is adverse to the institution and again through constitutional, plenary, discretionary and equitable Writ Jurisdictions?
25. It must be strictly and seriously recalled and remembered that the teachers training institutes are designed to train teachers to teach children of tender and impressionable age and nobody can let loose on the innocent and unwary children. Teachers, who have not received proper and adequate learning or training, properly, they will be required to pass the examination but that would not be enough. Training for a certain period in a properly organized and well equipped training institute, probably, is essential before a teacher may be duly launched. It is, also, well recognized proposition that in the development of the country and for the healthy and brilliant future of the country the primary education is very vital.
The Pathology of Training For Better Prognosis of Basic Education.
26. Needless to mention that this proposition is, globally, accepted and universally recognized. Unfortunately, in our country a very little attention has been paid. Little is done and vast is undone. It is, therefore, necessary to recall what again Dr. Amartya Sen said on receiving the "Noble Prize", He had observed that the strong and sound future of India cannot be envisaged in absence of efficient and scientific trained primary teachers and resultant education and trained learning to primary students. It is, really, a pitiable situation to state that in a country like ours which is wedded to Democratic Republic Welfare State spends very negligible amount for the upkeep and betterment of the primary education, which, in reality, would affect the vital and various value in the Societal interest and index of human resources as well as the future growth and progress of the nation. It is, really, painful and heart burning in the present prevailing circumstances when the reports are flooded with, to highlight that the education, which is, otherwise, very important and sacrosanct, is being converted into a commercial activity and that too bypassing the vital interest of the future of India.
27. It is rightly said that teaching is a last choice in the job market. The role of a teacher is a corner stone to all the civilized societies. The teacher is an engine of the educational system. He is the principal institute's instrument in awakening the child for cultural values, social awareness and National, emotional integration. The teacher needs to be endowed and energized with trained and vested potential to deliver enlightened service expected of him. His quality should be such as would lead to the students. He has to motivate the students into the action and benefactor. He must keep himself apprised of latest trends and developments in the Art, Science, Technology and society and, also, change the conditions and new directions of winds of growth and progress. He is not: to perform a job like an employee. He has to be imaginative, creative and dynamic person, who can provide sufficient encouragement and impetus to the young ones and to the students for Brilliant and Bright, as well as, better future of the country.
28. It is, in these contexts, it must be mentioned that he must eliminate fissiparous tendency and attitude and infuse nobleness and national ideals in the younger minds. His enrolment in the national integration will be very useful. Teacher training, therefore, a rigorous and vigorous will be very prudent as it could plough back for better training to the students who are the future stars of the galaxy and leaders of country. The teachers cannot afford to be indifferent, indolent or he should not be unmindful of the latest dimensions coming up not only in the field of education but also in the social sciences for social justice goal.
29. Nobody would disagree with the statement that such an aspect has a greater relevance to the needs of the time. There-fore, the ill trained or sub-standard teachers would be, undoubtedly, injurious and detrimental to our education system in general and the larger public interest in particular. The Government, the University and the Academics should be very careful and vigilant in prescribing the syllabus for teaching, as well as, for infusing credibility, regard and respect for cultural ethos and value system.
30. Let it be recorded at this stage that in "Krishnasamy Reddiar Educational Trust v. Secretary, National Council Fore Teacher Education" , there is a timely warning and caution sounded that even an application by an institution for recognition could be made even prior to the last date prescribed in the Act but without No Objection Certificate (NOC) which was required to be submitted along with that application. Mere delay in NOC document may not be fatal in all cases. However, grant of recognition of the course from the next academic year instead of from the one applied for. In this case, there had been a delay on the part of the appellant institution in submitting the NOC from the State Government. It had come on the record that NOC was applied for belatedly. The State Government could not be blamed for not taking decision on the application of the appellant as under Regulation 6 as amended in 2003, it was required to dispose of such an application within six months from the last date of the receipt of the application, in short, the emphasis is, very much, on getting the institute recognized at the earliest.
31. Similarly, in "St. Johns Teachers Training Institute v. Regional Director, National Council For Teacher Education" , it has been held that in the Act of 1993 the object of the Act has been prescribed to provide for establishment of National Council for Teacher Education with a view to achieving planned and coordinated development of the teacher education system throughout the country, the regulation and the proper maintenance of norms and children in the teacher education system and for matters that too connected. It is, therefore, very clear that it is to ensure the supply of qualified and trained teachers for the education of disabled, non-formal education, education of adults, pre-school education, vocational education etc. and special efforts and incentives are required to be given. It is, also, aimed at promoting professional commitments among prospective teachers, institutions which can ensure adequate education with value.
32. It will be very material to note at this stage that the painful cries have been voiced by this Court in a Division Bench decision in LPA No. 1242 of 2002, decided on 1242 of 2002, reported in (2003) 1 Pat LJR 555, in the following words to highlight factual unfortunate real but painful societal environment in a State of Bihar qua education :
In a State where matter relating to recognition and affiliation of educational institutions has virtually become rampant so as to take the form of racketeering in education, the High Court has to guard itself in the matter relating to granting reliefs particularly reliefs seeking declaration of result of an examination without looking into the factors whether the institution is recognized or not or has been granted affiliation or denied. No writ of mandamus can be issued in such cases in isolation that a result be declared without a writ of certiorari to examine whether the institution is recognized or affiliated. Otherwise, the High Court will be contributing to irregular and illegal degrees.
33. After having taken into consideration the entire factual painful profile and undesirable attitude of the management of the College in not fulfilling and complying the statutory provisions and being unmindful of the future of potential students of the College coupled with the relevant provisions of the Act. and the propositions highlighted in the ease law discussed herein above, the impugned judgment of the learned single Judge is quite weighty and deserves to be affirmed and confirmed while dismissing the Letters Patent Appeal with cost.
34. Accordingly, the Letters Patent Appeal shall stand dismissed with cost.