Patna High Court - Orders
Secretary, Prakash B. Ed. Teachers ... vs The State Of Bihar & Ors on 2 May, 2018
Author: Chakradhari Sharan Singh
Bench: Chakradhari Sharan Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10534 of 2017
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1. Secretary, Prakash B. Ed. Teachers Training College, Chetan,
Chhapra Baniyapur, P.S.- Baniyapur, District- Saran at Chhapra.
2. Ramnath Singh, aged about 58 years, S/o Late Rameshwar Singh,
Secretary, Prakash B. Ed. Teachers Training College, Chetan,
Chhapra Baniyapur, P.S.- Baniyapur, District- Saran at Chhapra.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Education Department,
Government of Bihar, Patna.
2. J.P. University, Chhapra through its Registrar, J.P. University, Chhapra.
3. The Vice- Chancellor, J.P. University, Chhapra.
4. Finance Officer, J.P. University, Chhapra.
5. The Chairman, University Grant Commission, Bahadur Sah Zafar Marg,New
Delhi.
6. The Union of India, through Secretary of Human Resources Development
Department Govt. of Bihar.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 12496 of 2017
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1. Association Of Teachers Training College , Bihar registered
Office NH 28, Silorh , Near Marwan Chowk, P.S.- Marwan,
Distt.- Muzaffarpur through its President Dr. Uma Shankar Roy.
2. Dr. Uma Shankar Roy son of late Deo Narayan Roy Resident of
504, Angad Apartment, New Patliputra Colony, G.D. Mishra
Patha, P.S.- Patliputra , District- Patna, Present President,
Association of Teachers Training College, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Department of Education,
Government of Bihar, Patna.
2. The Principal Secretary, Department of Education, Government of Bihar,
Patna.
3. The Joint Secretary, Department of Education, Government of Bihar, Patna.
4. The Director, Higher Education, Department of Education, Government of
Bihar, Patna.
5. National Council of Teacher Education through its Member Secretary Hans
Bhawan, Bahadur Sah Jafar Marg, New Delhi.
6. The Regional Director, Eastern Regional Committee, NCTE, Bhuwaneshwar ,
Urissa.
7. The Vice-Chancellor, Tilka Manjhi University, Bhagalpur through its
Registrar.
8. The Vice-Chancellor, Bhim Rao Ambedkar Bihar University, Muzaffarpur
through its Registrar.
... ... Respondent/s
======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 10534 of 2017)
Patna High Court CWJC No.10534 of 2017(21) dt.02-05-2018
2/15
For the Petitioner/s : Mr. Rajendra Prasad Singh, Sr. Adv.
Mr. Mukesh Kumar Singh
Mr. Rajeev Kumar Singh
For the State : Ms. Shilpa Singh, GA 12
Mr. Ranjan Kumar, AC to GA 12
For the Chancellor : Mr. R. K. Giri
For the U.G.C. : Mr. S. D. Sanjay, Addl. Sol. Gen
Mr. Deepak Kumar
Mr. A. N. Verma
For the University : Mr. Nagendra Kumar Singh
(In Civil Writ Jurisdiction Case No. 12496 of 2017)
For the Petitioner/s : Mr. P. K. Shahi, Sr. Adv.
Mr. Manoj Kumar Singh
For Union of India : Mr. S. D. Sanjay, Addl. Sol. Gen.
Mr. Deepak Kumar
Ms. Priya Gupta
For the State : Mr. A.R.Pandey, AAG 15
For the NCTE : Mr. Sunil Kumar Singh
For BRA University : Mr. Sandeep Kumar
Mr. Vikas Ratan Bharti
For the TMU : Mr. Ashhar Mustafa
Mr. Ranjan Kumar, Advocate, for Accountant General (Audit)
======================================================
CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN
SINGH
ORAL ORDER
21 02-05-2018This Court is passing the present order in peculiar facts and circumstances in relation to fixation of fee payable by the students pursuing their B. Ed. Course in privately managed unaided institutions offering courses of training in teachers education. The State Government has fixed the course fee chargeable by such institutions at the rate of Rs. 50,000/- per annum for the two-years programme leading to B. Ed. Degree.
2. The petitioner, in CWJC No. 12496 of 2017, claims that it is the association of privately managed unaided teachers training colleges, registered under the Societies Registration Act. The petitioner No. 2 of CWJC No. 10534 of 2017 is the Patna High Court CWJC No.10534 of 2017(21) dt.02-05-2018 3/15 Secretary of Prakash B. Ed. Teachers Training College, Chetan Chapra, Baniyapur.
3. The challenge being common in both the writ applications, to the decision of the State Government fixing the said amount as course fee, these two applications were earlier heard together and were disposed of by common judgment and order, dated 09.11.2017, which speaks for itself. In terms of the said judgment and order, a Committee was required to be constituted by the University Grants Commission. Subsequently, it was noticed that University Grants Commission (Regulation of Admission and Fees in Private Non-aided) Professional Institutions) Regulations, 1997, in the light of which the said judgment and order was passed, had already been repealed by subsequent decision of the University Grants Commission by 'Interim Policy Regulations, 2003', dated 10.06.2003, framed in exercise of powers conferred under Clause (i) of sub-Section (1) of Section 26 read with sub-Section (2) of Section 12-A of the University Grants Commission Act, 1956. Since the judgment and order, dated 09.11.2017, was passed in ignorance of the fact that the said 1997 Regulations stood repealed, on an application seeking review, made by the University Grants Commission, this Court had recalled the said order by order, dated Patna High Court CWJC No.10534 of 2017(21) dt.02-05-2018 4/15 13.03.2018, passed in Civil Review No. 34 of 2018.
4. In view of recall of the said judgment and order, the present writ applications are being re-heard on merits. The effect of repeal of 1997 Regulations, with the coming into force of Interim Policy Regulations, 2003, has been taken note of in the order of this Court, dated 09.04.2018, which reads thus:-
"A counter affidavit has been filed on behalf of the University Grants Commission, through which, Interim Policy Regulations, dated 10.06.2003, framed in exercise of powers conferred under Clause (i) of sub-section (1) of Section 26 read with sub-section (2) of Section 12-A of the University Grants Commission Act, 1956, has been brought on record. The guidelines are said to have been issued in the light of the Supreme Court's decision, in the case of T. M. A. Pai Foundation v. The State of Karnataka and Others, dated 31.10.2002.
It is disgusting to find from the said so-called 'Interim Policy Regulations', said to have been issued in exercise of statutory power that it discloses nothing, but vagueness in the matter of fixing of norms and Patna High Court CWJC No.10534 of 2017(21) dt.02-05-2018 5/15 guidelines for charging tuition and other fees.
This is to be kept in mind that
under the impression that the
University Grants Commission
(Regulation of Admission and Fees in
Private Non-aided Professional
Institutions) Regulations, 1997, was in vogue, a judgment was delivered on 09.11.2017, which came to be subsequently recalled after filing of civil review application, being Civil Review No. 34 of 2018, by the University Grants Commission, in which a clear stand was taken that the said 1997 Regulations were not in operation after having been replaced by the present Interim Policy Regulations.
It is evident from the statement of background in the 2003 Interim Policy Regulations that the University Grants Commission, in 2003, was considering revision of University Grants Commission Regulations in respect of fees and admissions. But till new Regulations were framed, it was decided to supersede all existing provisions by the Interim Policy Regulations. There is nothing in the Patna High Court CWJC No.10534 of 2017(21) dt.02-05-2018 6/15 Interim Policy Regulations, which can be said to be 'provision' for fixing of fees etc. to be charged by the unaided colleges imparting B. Ed. Education. Since the matter is of immense importance and touches policy matters on the training of teachers, the Court requests the Additional Solicitor General for India to assist this Court on behalf of the University Grants Commission.
List these cases, under the same heading, on 10th April, 2018."
(Emphasis is mine)
5. Evidently, after coming into force of the Interim Policy Regulations, 2003, none of the functionaries, namely, the University Grants Commission, the National Council for Teacher Education, the State of Bihar, the Universities, were having any definite mechanism to fix the course fee of the course in question.
6. Learned Senior Counsel appearing on behalf of the petitioners in these two cases have emphatically argued that if the institutions are to be run in conformity with the provisions contained under National Council for Teacher Education (Recognition, Norms and Procedure) Regulations, 2009, it Patna High Court CWJC No.10534 of 2017(21) dt.02-05-2018 7/15 would be impossible for them to run them with the course fee of Rs. 50,000/- per annum (Rs. 1,00,000/- for the two-years B. Ed. Degree course).
7. My attention, in this regard, has been drawn to Clause 5 of Appendix-4 to the 2009 Regulations, which lays down, inter alia, the norms and standards for bachelor of education programme leading to the Bachelor of Education (B. Ed.) Degree, and it has been submitted that for running a course in a recognized institution, minimum number of faculty members has been prescribed with their requisite qualifications. Such faculty members are required to be paid their salary in conformity with the University Grants Commission norms. My attention has also been drawn to Clause 6 of Appendix-4 to the 2009 Regulations, which discusses the infrastructure, which teachers training institutions for the programme leading to B. Ed. Degree, must maintain. It is their specific plea, which could not be controverted by the respondents, that no such exercise has been undertaken by the respondents before fixing the said course fee of Rs. 1,00,000/- for the two-years B. Ed. Course, after taking into account the requirements under Clauses 5 and 6 of Appendix-4 to the 2009 Regulations.
8. The Court, in that background, had desired to know Patna High Court CWJC No.10534 of 2017(21) dt.02-05-2018 8/15 the stand of the University Grants Commission and the Union of India.
9. When the matter was taken up on 27.04.2018, Mr. S. D. Sanjay, learned Additional Solicitor General, had brought to my notice a letter written by the Secretary of the University Grants Commission, addressed to him, to the following effect:-
"With reference to your letter dated 19.04.2018 on the above mentioned subject, this is to inform that legal advice was sought in the matter regarding CWJC 10534/2017 wherein the Hon'ble Patna High Court vide its order dated 17.04.2018 has expressed its displeasure over inaction on the part of UGC as well as Union of India regarding non-formulation of any regulatory framework related to fee to be charged by non-aided private institutions.
Since the subject in question is of complex nature and requires a thorough study of the various judgments delivered in this regard by the Hon'ble Supreme Court as well as other Hon'ble Courts and the practices being followed in various States. UGC has constituted a Committee of Experts to look into the various aspects of the matter with the following terms of reference.
i. The various judgments passed by Patna High Court CWJC No.10534 of 2017(21) dt.02-05-2018 9/15 Hon'ble Supreme Court and other Hon'ble Courts across the country on the issue.
ii. The feasibility of regulatory framework in this regard to be formulated by UGC in the present context.
iii. To formulate the necessary guidelines/regulations in this matter, if so required.
The Committee will submit its report in three month's time.
The above information is submitted for your kind perusal and accordingly Hon'ble Patna High Court may please be apprised on next hearing date i.e. 27.04.2018."
(Emphasis is added)
10. It is evident from the said communication of the University Grants Commission that the University Grants Commission has constituted a committee, that too in the light of the orders of this Court, dated 17.04.2018, for examining various judgments of the Supreme Court and other Courses and feasibility of a regulatory framework in this regard to be followed by the University Grants Commission and to formulate necessary guidelines/regulations in this matter, if so required.
11. Mr. Shahi, learned Senior Counsel, has submitted that St. Xavier's College of Education, Digha Ghat, Patna, is Patna High Court CWJC No.10534 of 2017(21) dt.02-05-2018 10/15 running B. Ed. Course for more than 25 years and the course fee, which they are charging, is Rs. 1,70,000/-, for the said two-
years course payable in intalments, for two years. He has submitted that the course fee being charged by the said St. Xavier's College of Education can be treated as benchmark for the purpose of fixation of course fee of other privately managed unaided institutions.
12. This Court does not have any judicially determinable parameter to arrive at a definite conclusion that the course fee, which is being charged by the said St. Xavier's College of Education, is reasonable. At the same time, the Court cannot say that the course fee, which has been fixed by the State Government, is either reasonable or unreasonable. What is apparent, however, that the respondents, before fixing the course fee, have not duly dealt with the mandatory requirements for running the B. Ed. Course as prescribed under Appendix-4 to the 2009 Regulations.
13. Since the University Grants Commission is not, for the present, in a position to constitute a committee for the purpose of determination of course fee nor it appears that the State Government has any mechanism or existing committee to determine the amount, by way of an interim measure, till final Patna High Court CWJC No.10534 of 2017(21) dt.02-05-2018 11/15 decision is taken by the competent authority, i.e. the University Grants Commission, or the State Government, the Court, for the purpose of examining the reasonableness of the decision of the State Government in the matter of fixation of course fee, considers it appropriate to constitute a committee. The function of the committee shall be confined to determination of expenses to be incurred by teachers training institutions offering courses leading to B. Ed. Degree, if such institutions are to fully comply with the requirements under Clauses 5 and 6 of Appendix-4 to the 2009 Regulations. In Court's opinion, so far as the expenses of academic faculty is concerned, it is going to be mathematical exercise, once the pay scale, admissible to faculty members as prescribed by the University Grants Commission, is available.
The Committee, so constituted, will thereafter examine Clause 6 of Appendix-4 of 2009 Regulations for the purpose of reaching just determination of a course fee. The Committee may also keep in mind the course fee, which, according to Mr. Shahi, learned Senior Counsel, is reasonable and which is being charged by one of the oldest teachers' training college in the State of Bihar, as has been indicated above.
14. This order is being passed and committee is being constituted with the consent of the parties in the interest of Patna High Court CWJC No.10534 of 2017(21) dt.02-05-2018 12/15 justice, which shall have following members:-
1. The Principal Secretary to Governor of Bihar (Chancellor of the Universities Convener of Bihar), Patna
2. Mr. Robert L. Chongthu, Secretary, Department of Education, Government Ex-Officio Member of Bihar, Patna
3. Vice-Chancellor, Aryabhatta Ex-Officio Member Knowledge University, Patna
4. Vice-Chancellor, Nalanda Open Ex-Officio Member University, Patna
5. One Officer, not below the rank of Deputy Accountant General, to be Ex-Officio Member nominated by the Principal Accountant General (Audit), Bihar, Patna
15. While assessing fair tuition fee, the Committee may take into account the following, among other things:-
"(a) Salary and allowances
including bonus, if admissible,
payable to teaching and non-teaching
employees;
(b) expenditure on
administrative services;
(c) cost of maintenance of
laboratories including consumables;
(d) contingent expenditure including statutory requirements like audit fee, and the like;
(e) cost of acquisition of books and journals for libraries;
(f) maintenance of buildings and other assets including rents and Patna High Court CWJC No.10534 of 2017(21) dt.02-05-2018 13/15 tariffs; and any other recurring expenditure to be determined by the competent authority, from time to time."
16. Considering the nature of controversy involved, I must indicate here that it will be open to the Chancellor, Universities of Bihar, to suggest and seek reconstitution of the committee, constituted by the present order, if needed.
17. Seeing the urgency of the matter, however, no belated suggestion or request for reconstitution of the committee shall be entertained.
18. The Court desires the committee to hold its first meeting on any date in the next week, commencing from 07 th May. It will be the responsibility of the Convener of the Committee to convene the said meeting. The Committee shall ensure that the association of such colleges are given due opportunity of hearing, if the association desires. It will be open to one of the representatives of the association to present a copy of this order to the Convener of the Committee with a representation for obtaining a tentative date and time, on which the Committee shall hold its first meeting.
19. The Principal Accountant General (Audit), Bihar, shall be obliged to nominate an Officer, not below the rank of Patna High Court CWJC No.10534 of 2017(21) dt.02-05-2018 14/15 Deputy Accountant General, preferably having expertise in cost accountancy, for being member of the Committee, by 04 th May, 2018, which must be communicated to the Convener of the Committee.
20. There must not be any confusion that an institution can claim course fee on the basis of the requirements laid down under Appendix-4 to the 2009 Regulations only if the institution is fully complying with the said requirements. So that the exercise is carried out smoothly, it is directed that all such institutions, which feel aggrieved with the decision of the Government of fixation of course fee of Rs. 1,00,000/-, shall be obliged to disclose on their web portal the details of the faculty members with their names, respective qualifications disclosing their eligibility to hold the post and designation, as also the pay scale, on the basis of which payments are made to the faculty members, which they are getting from such institutions.
21. Needless to say that in order to substantiate that the faculty members are being paid, at least, as per the University Grants Commission norms, the institutions shall be required to make payment in the respective bank accounts of the faculty members only, in a transparent manner.
22. It is also made clear that determination of course Patna High Court CWJC No.10534 of 2017(21) dt.02-05-2018 15/15 fee in compliance of the present order is interim in nature and subject to final decision, which may be taken by a competent body, i.e. University Grants Commission or any other authority, authorized in that behalf.
23. The Court expects that the University Grants Commission will stick to the time limit of three months, as suggested by them, for taking a final decision.
24. List these cases, under the same heading, on 08th May, 2018, so as to ensure that the constitution of the Committee is complete consequent upon nomination made by the Principal Accountant General (Audit), Bihar, as indicated above.
25. Learned Counsel representing the Chancellor, Universities of Bihar, will be required to inform this Court the date of first meeting of the Committee, after obtaining instructions in this regard from the Convener of the Committee.
26. Let the order be communicated to the Principal Accountant General (Audit), Bihar, Patna, forthwith.
(Chakradhari Sharan Singh, J.) Prabhakar Anand/-
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