Supreme Court - Daily Orders
Geeta Co Education T.T. College vs National Council For Teacher Education on 23 September, 2022
Bench: K.M. Joseph, Hrishikesh Roy
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) NO. 552 OF 2022
GEETA CO EDUCATION T.T. COLLEGE & ANR. Petitioner(s)
VERSUS
NATIONAL COUNCIL FOR TEACHER EDUCATION & ORS. Respondent(s)
WITH
W.P.(C) No. 500/2022
W.P.(C) No. 524/2022
W.P. (C) No. 612/2022
W.P.(C) No. 627/2022
O R D E R
W.P.(C) No. 552/2022 W.P.(C) No. 500/2022 W.P.(C) No. 524/2022 W.P.(C) No. 627/2022 Writ Petition (C)No. 552 of 2022 is filed with the following prayer:
“(a) issue a writ of mandamus or any other appropriate writ or order or direction to the Western Regional Committee (WRC) of National Council for Teacher Education (NCTE) (Respondent No.1) to grant modified recognition for conducting M.Ed. course for one basic unit from the present academic session 2022-23 in place of the academic session 2023-24, already granted by the Respondent No.1 and permit the Petitioner No.1 to admit students & commence the said course from the Signature Not Verified present academic session 2022-23; and/ or Digitally signed by SNEHA Date: 2022.09.26
(b) issue a writ of mandamus or any other appropriate 17:58:49 IST Reason: writ or order or direction to the Respondent No.2 university to grant affiliation to Petitioner No.1 for conducting M.Ed. course for one basic unit from the 1 WP (C) NO. 552/ 2022 etc. present Academic Session 2022-23; and/or
(c) issue a writ of mandamus or any other appropriate writ or order or direction to Respondent No.3 to issue NOC for the present academic year 2022-23 with consequential direction to include the name of the petitioner institution in the list of colleges entitled to participate in counselling for M.Ed.
course for the present Academic Session 2022-23 and permit the petitioner institution to admit students from the present Academic Session 2022-23; and/ or
(d) issue a writ of mandamus or any other appropriate writ or order or direction relaxing the cut-off date fixed by this Hon'ble Court in the matter of grant of recognition and affiliation to Petitioner No.1 for the present Academic Session 2022-23; and/ or
(e) pass such other orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case.
Writ Petition (C)No. 500 of 2022 is filed with the following prayer:
(a) issue a writ of mandamus or any other appropriate writ or order or direction to the WRC of NCTE to grant modified recognition for conducting B.Ed. (Addl.) course (100 seats) from the present academic session 2022-23 in place of the academic session 2023-24, already granted by the Respondent No.1 and permit the Petitioner No.1 institution to commence the said course from the present academic session 2022-23; and/ or
(b) issue a writ of mandamus or any other appropriate writ or order or direction to the Respondent No.2 University to grant affiliation to the Petitioner No.1 institution for conducting B.Ed. (Addl.) course (100 seats) from the present academic session 2022-23;
and/or
(c) issue a writ of mandamus or any other appropriate writ or order or direction to Respondent No. 3 to issue NOC for the present academic year 2022-23 with consequential direction to Respondent No. 4 to include the name of the Petitioner institution in the list of colleges entitled to participate in counselling for B.Ed. course for the present academic session 2022-23 and permit the Petitioner institution to admit students for the present academic session 2022-23; and/ or 2 WP (C) NO. 552/ 2022 etc.
(d) issue a writ of mandamus or any other appropriate writ or order or direction to extend and relax the cut- off date fixed by this Hon'ble Court in the matter of grant of recognition and affiliation to Petitioner No.1 institution for the present academic session 2022-23; and/ or
(e) pass such other orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case.” Writ Petition (C)No. 524 of 2022 is filed with the following prayer:
(a) issue a writ of mandamus or any other appropriate writ or order or direction to the WRC of NCTE to grant modified recognition for conducting B.P.Ed. course (100 seats) from the present academic session 2022-23 in place of the academic session 2023-24, already granted by the Respondent No.1 and permit the Petitioner No.1 institution to commence the said course from the present academic session 2022-23; and/ or
(b) issue a writ of mandamus or any other appropriate writ or order or direction to the Respondent No.2 University to grant affiliation to the Petitioner No.1 institution for conducting B.P.Ed. course (100 seats) from the present academic session 2022-23; and/or
(c) issue a writ of mandamus or any other appropriate writ or order or direction to Respondent No. 3 to issue NOC for the present academic year 2022-23 with consequential direction to Respondent No.4 to include the name of the Petitioner institution in the list of colleges entitled to participate in counselling for B.P.Ed. course for the present academic session 2022-
23 and permit the Petitioner institution to admit students for the present academic session 2022-23; and/ or
(d) issue a writ of mandamus or any other appropriate writ or order or direction to extend and relax the cut- off date fixed by this Hon'ble Court in the matter of grant of recognition and affiliation to Petitioner No.1 institution for the present academic session 2022-23; and/ or 3 WP (C) NO. 552/ 2022 etc.
(e) pass such other orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case.
Writ Petition (C)No. 627 of 2022 is filed with the following prayer:
(a) issue a writ of mandamus or any other appropriate writ or order or direction to the WRC of NCTE to grant modified recognition for conducting B.Ed. course (100 seats) from the present academic session 2022-23 in place of the academic session 2023-24, already granted by the Respondent No.1 and permit the Petitioner No.1 institution to commence the said course from the present academic session 2022-23; and/ or;
(b) issue a writ of mandamus or any other appropriate writ or order or direction to the Respondent No.2 University to grant affiliation to the Petitioner No.1 institution for conducting B.Ed. course (100 seats) from the present academic session 2022-23; and/or
(c) issue a writ of mandamus or any other appropriate writ or order or direction to Respondent No. 3 to issue NOC for the present academic year 2022-23 with consequential direction to Respondent No. 4 to include the name of the Petitioner institution in the list of colleges entitled to participate in counselling for B.Ed. course for the present academic session 2022-23 and permit the Petitioner institution to admit students for the present academic session 2022-23;
and/ or
(d) issue a writ of mandamus or any other appropriate writ or order or direction to extend and relax the cut-off date fixed by this Hon'ble Court in the matter of grant of recognition and affiliation to Petitioner No.1 institution for the present academic session 2022-23; and/ or
(e) pass such other orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present” Heard Mr. Amitesh Kumar and Mr. Gaurav Arora, learned counsel appearing for the petitioners. 4 WP (C) NO. 552/ 2022 etc. Also heard Dr. Manish Singhvi, learned Additional Advocate General on behalf of the State of Rajasthan, Ms.Manisha T. Karia, learned counsel for National Council for Teacher Education and Mr. Anubhav Kumar, learned counsel appearing for the University.
The case of the petitioners in these batch of cases appears to be that the cases may be disposed of on the lines of the order passed in W.P. (C)No. 505 of 2022.
In short, the substance of the complaint appears to be that there was an unjustifiable delay on the part of the NCTE in granting recognition and therefore, they are entitled to the recognition from the year 2022-2023.
Pleadings have been exchanged. No doubt, Dr. Manish Singhvi and Ms. Manisha T. Karia would oppose the petitions. It is pointed out by Dr. Manish Singhvi that no case is made out for deviating from the timeline fixed under Maa Vaishno Devi Mahila Mahavidyalaya v. State of Uttar Pradesh and Ors. (2013) 2 SCC 617 and the order which is relied upon by the petitioners must be attributed to the situation consequent upon the onset of COVID 19. As of now, there is no need to exercise power and relax timeline which has been laid down by this Court. This is apart from pointing out the problem of mushrooming of educational institutions in the State of Rajasthan and the pernicious effects that flow therefrom.
Ms. Manisha T. Karia would point out that actually in these cases, there is no fault to be laid at the doorstep of 5 WP (C) NO. 552/ 2022 etc. NCTE as applications were filed way back in 2008. According to Mr. Amitesh Kumar, some of the application are of the year 2012.
It is the case of Ms. Manisha T. Karia that it is consequent upon orders passed subsequently in the year 2016 onwards and there was a State Ban in the year 2008. The matter was lying dormant for quite a long time and it is only from 2016 onwards on the basis of orders of the Court that orders came to be passed by NCTE. Having heard learned counsel for the parties, we are of the view that we need not deviate.
It is not in dispute that as far as M.Ed. and B.Ed. are concerned, first round of counselling is not complete. In such circumstances, we see no reason why we should not allow the petitions.
Accordingly, writ petitions are disposed of as follows:
(i) The cut-off date fixed by this Court in Maa Vaishno Devi Mahila Mahavidyalaya v. State of Uttar Pradesh and Others (2013) 2 SCC 617, is extended in the facts of these cases.
(ii) It is held and declared that the petitioners would be entitled to the recognition granted by respective orders passed by NCTE or its Regional Committees from the Academic Session 2022-23 instead of Academic Session 2023-24.6
WP (C) NO. 552/ 2022 etc.
(iii) The Respondent-NCTE and its Regional Committees are directed to issue formal orders/notifications in that regard within a period of three days from today.
(iv) The State and other Authorities would consider grant of affiliation and/or other requisite permissions within a period of 15 days from the date of receipt of copy of this order after carrying out of the necessary inspection.
(v) We make it clear that subject to the grant of affiliation and other requisite permissions been granted, the petitioner would be entitled to admit the students for Academic Session 2022-23 as per the sanction granted by NCTE for the Academic Session 2023-
24.
(vi) The name of the petitioner-colleges/institutions shall be included in the counselling programme for admissions.
W.P. (C) No. 612/2022 The prayer made in this writ petition is as follows:
“(a} issue a writ of mandamus or any other appropriate writ or order or direction to the WRC of NCTE to grant modified recognition for conducting D.EI.Ed. course (100 seats) from the present academic session 2022-23 in place of the academic session 2023-24, already granted by the Respondent No.1 and permit the Petitioner No.1 institution to commence the said course from the present academic session 2022-23; and/ or (b} issue a writ of mandamus or any other appropriate writ or order or direction to the Respondent No.2 7 WP (C) NO. 552/ 2022 etc. Affiliating Body to grant affiliation to the Petitioner No.1 institution for conducting D.EI.Ed. course (100 seats) from the present academic session 2022-23;
and/or
(c) issue a writ of mandamus or any other appropriate writ or order or direction to Respondent No. 3 to issue NOC for the present academic year 2022-23 with consequential direction to Respondent No. 4 to include the name of the Petitioner institution in the list of colleges entitled to participate in counselling for D.EI.Ed. course for the present academic session 2022- 23 and permit the Petitioner institution to admit students for the present academic session 2022-23; and/ or
(d) issue a writ of mandamus or any other appropriate writ or order or direction to extend and relax the cut- off date fixed by this Hon'ble Court in the matter of grant of recognition and affiliation to Petitioner No.1 institution for the present academic session 2022-23; and/ or
(e) pass such other orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case.” Heard learned counsel appearing for the parties. Counselling in the said course has not yet begun. The case appears to be that there is unjustifiable delay on the part of the NCTE in granting recognition to the petitioner who seeks to rely upon the order in W.P. (C)No. 555 of 2022.
After hearing learned counsel, we do not see any reason why we should not dispose of the writ petition as follows:
1. There will be direction to the NCTE respondent No.1 to grant modified recognition for conducting D.El.Ed.
course.
We direct the first respondent-NCTE to grant recognition for the D.El.Ed. course for one basic unit 8 WP (C) NO. 552/ 2022 etc. from the present academic year in place of 2022-2023 already granted by the first respondent. Such orders are to be given within a period of three days from today.
2. The second respondent will consider grant of affiliation to the petitioner No.1 for conducting D.El.Ed. course within a period of 15 days from the date of receipt of copy of this order after conducting any necessary inspection.
3. We make it clear that subject to the grant of affiliation and other requisite permissions being granted the petitioner would be entitled to admit the students for Academic Session 2022-23 as per the sanction granted by NCTE for the Academic Session 2023-24.
4. The cut-off date fixed by this Court in Maa Vaishno Devi Mahila Mahavidyalaya v. State of Uttar Pradesh and Others (2013) 2SCC 617, is extended in the facts of these cases.
5. The name of the petitioner-colleges/institutions shall be included in the counselling programme for admissions.
6. We make it clear however that in case the 9 WP (C) NO. 552/ 2022 etc. petitioners finally commence the course on the basis of affiliation which is granted, it will be subject to any decision which may be taken by the NCTE in regard to closing down of such Course.
The writ petition is disposed of.
…………………………………………………………………., J.
[ K.M. JOSEPH ] …………………………………………………………………., J.
[ HRISHIKESH ROY ] New Delhi;
September 23, 2022.
10 WP (C) NO. 552/ 2022 etc. ITEM NO.49+50 COURT NO.5 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition (Civil) No. 552/2022 GEETA CO EDUCATION T.T. COLLEGE & ANR. Petitioner(s) VERSUS NATIONAL COUNCIL FOR TEACHER EDUCATION & ORS. Respondent(s) (FOR ADMISSION and IA No.100722/2022-APPROPRIATE ORDERS/DIRECTIONS) WITH W.P.(C) No. 500/2022 (X) (FOR ADMISSION and IA No.92815/2022-APPROPRIATE ORDERS/DIRECTIONS IA No. 92815/2022 - APPROPRIATE ORDERS/DIRECTIONS) W.P.(C) No. 524/2022 (X) (With IA No. 95660/2022 - APPROPRIATE ORDERS/DIRECTIONS) W.P. (C) No. 612/2022 (FOR ADMISSION and IA No.110825/2022-EXEMPTION FROM FILING O.T. and IA No.110824/2022-APPROPRIATE ORDERS/DIRECTIONS ) W.P.(C) No. 627/2022 (X) (FOR ADMISSION and IA No.112776/2022-STAY APPLICATION and IA No.112777/2022-EXEMPTION FROM FILING O.T.) Date : 23-09-2022 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE K.M. JOSEPH HON'BLE MR. JUSTICE HRISHIKESH ROY For parties Mr. Amitesh Kumar, Adv.
Ms. Binisa Mohanty, Adv.
Ms. Priti Kumari, Adv.
Mr. Mritunjay Kumar Sinha, AOR Mr. Gaurav Arora, Adv.
Ms. Shagufa Salim, AOR Ms. Manisha T. Karia, AOR Mr. Adarsh Kumar, Adv.
Ms. Sukhda Kalra, Adv.
Ms. Nidhi Nagpal, Adv.11
WP (C) NO. 552/ 2022 etc. Mr. Anubhav Kumar, Adv.
Ms. Lalita Kohli, Adv.
Mr. Abhishek Swarup, Adv.
M/s. Manoj Swarup and Co., AOR Dr. Manish Singhvi, Sr. Adv.
Mr. Arpit Parkash, Adv.
Mr. Vikalp Sharma, Adv.
Mr. Sandeep Kumar Jha, AOR UPON hearing the counsel the Court made the following O R D E R The writ petitions are disposed of in terms of the signed order.
Pending applications stand disposed of.
(NIDHI AHUJA) (BEENA JOLLY)
AR-cum-PS COURT MASTER (NSH)
[Signed order is placed on the file.] 12