Bhagwan Parshu Ram College Of Education vs National Council For Teachers ... on 26 February, 2014

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Punjab-Haryana High Court

Bhagwan Parshu Ram College Of Education vs National Council For Teachers ... on 26 February, 2014

Bench: G.S.Sandhawalia

            CWP No.20385 of 2013                                                 -1-



               IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH


                                                                       CWP No.20385 of 2013
                                                                       Date of decision:26.02.2014


            Bhagwan Parshu Ram College of Education                                    ....Petitioner


                                                 Versus

            National Council for Teachers Education & others
                                                                                   ......Respondents

            CORAM: HON'BLE MR.JUSTICE G.S.SANDHAWALIA


            Present:           Mr.Manjeet Singh, Advocate, for the petitioner.

                               Mr.Anurag Goyal, Advocate, for respondents No.2 to 4.

                               Mr.Sushil Jain, Advocate, for respondent No.6.

                                                       ****

            G.S.Sandhawalia J.(ORAL)

1. Challenge in the present writ petition is to the decision dated 23.08.2013 (Annexure P16), whereby the respondent-University has not allowed the petitioner-College to admit students in the academic session 2013-14, in the B.Ed. Course.

2. Counsel for the petitioner submits that in view of the fact that the said academic session is almost over, he does not press the writ petition qua for the session 2013-14. He, however, submits that in view of the forthcoming academic year, i.e., 2014-15, the University may be directed to undertake a fresh inspection and take a decision for the academic session 2014-15.

3. A perusal of the order under challenge would go on to show that an inspection was conducted by the inspection team of the University on 10.04.2013. The report reads as under:

Sailesh ranjan

2014.03.04 10:31 I attest to the accuracy and integrity of this document CWP No.20385 of 2013 -2-

"The inspection committee did not find students or class in the college. There were three teachers who have not been selected by the proper committee. The land is in the name of the society jointly shared by college of Engineering. The building of the college of education is also partly shared by college of Engineering. The library is not adding 200 books per year and short of 600 books at present.

There has been no improvement since last inspection or enquiry.

RECOMMENDATION:

With the prevailing conditions, particularly in the absence of eligible and properly selected teaching staff, the college be not allowed to admit students in the next academic session i.e. 2013-14."

4. On the basis of the said report, the Academic Council declined the petitioner-College permission to admit students for the academic session 2013-

14. A perusal of the inspection report would go on to show that three of the teachers were not selected by the proper Committee and there was a dispute regarding the land, which was jointly shared with the College of Engineering and the building was also partly shared. Objection was also made regarding non-addition of books of the library.

5. Counsel for the petitioner also submits that selection of teachers is to be made good in the presence of the University nominees and therefore, the authority should take a re-look into the matter. The aspect as to whether the deficiency regarding the land also can be re-examined since the new academic session is coming up in the near future. The counsel for the University could not rebut this factual stand.

6. Accordingly, the present writ petition is disposed of with a direction to respondent No.2-Registrar of the Maharishi Dayanand University, Rohtak, to depute the nominee(s) for the selection of the teachers, on the request made by the petitioner-Institute and thereafter, send an Inspection Committee to check up Sailesh ranjan 2014.03.04 10:31 I attest to the accuracy and integrity of this document CWP No.20385 of 2013 -3- whether any deficiency exists with the infrastructure of the petitioner-Institute. A decision be taken, thereafter, whether it can be granted permission for admitting students for the B.Ed. Course, for academic session 2014-15. Let the needful be done within a period of 6 weeks from the receipt of a certified copy of this order. In case any adverse order is to be passed, it would be desirable if the representative of the College is present and the order is passed after hearing him.

7. Writ petition stands disposed of with the abovesaid terms.




            26.02.2014                                                     (G.S.SANDHAWALIA)
            sailesh                                                              JUDGE




Sailesh ranjan
2014.03.04 10:31
I attest to the accuracy and
integrity of this document

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