Interim Directions) Smt Prem Lata Maya ... vs National Council For Teacher Education ... on 7 October, 2022

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Delhi High Court - Orders

Interim Directions) Smt Prem Lata Maya ... vs National Council For Teacher Education ... on 7 October, 2022

1. Petitioner-Institute was granted recognition on 12th August, 2005 to conduct B.Ed. programme with annual intake of 100 seats. After notification of National Council for Teacher Education (Recognition Norms and Procedure) Regulations, 2014 [hereinafter "NCTE Regulations"], Petitioner- Institute opted for two basic units (50 + 50 = 100) in B.Ed. and submitted an affidavit on 21st January, 2015. Thereafter, Northern Regional Committee [Respondent No. 2 - hereinafter "NRC"] of National Council for Teacher Education [Respondent No. 1 - hereinafter "NCTE"] issued a revised recognition order on 06th June, 2015 with annual intake of 100 seats for two years duration.

Signature Not Verified Digitally Signed W.P.(C) 8188/2020 Page 1 of 7 By:SAPNA SETHI Signing Date:14.10.2022 20:32:13

2. NRC in its 281st meeting held from 20th to 21st February, 2018 considered the matter qua non-compliance of the revised recognition order and accordingly a show cause notice ["SCN"] dated 28th March, 2018 was issued to Petitioner-Institute to which a reply was submitted on 10th April, 2018. This was followed by a second SCN dated 19th June, 2019 (issued under Section 17 of National Council for Teacher Education Act, 1993), pursuant to NCTE's 301st meeting held from 9th to 11th May, 2019, wherein communication dated 15th February, 2019, issued by Dr. B.R. Ambedkar University was taken into consideration. Petitioner-Institute submitted a reply thereto on 15th July, 2019, enclosing therewith requisite documents including the faculty list approved by the affiliating university. However, on consideration of the afore-said reply, NRC vide withdrawal order dated 10th July, 2020 [hereinafter "withdrawal order"] withdrew the recognition granted to Petitioner-Institute. Relevant portion of the said order reads as under: -

"3. AND, WHEREAS, as per decision of the NRC in its 301 Meeting held on 09 to 11 May, 2019, a show cause notice u/s 17 was issued to the institution on 19.06.2019 seeking their comments on the complaint raised by the affiliating university.

4. AND, WHEREAS, the institution has submitted reply in NRC office on 23.07.2019. The matter was considered by the NRC in its 311 Meeting held from 16 to 17 January. 2020 and the Committee decided as under:

As per SOP, two SCNs u's 17 have already been issued. Therefore, the recognition of the institution may be withdrawn as enough opportunities have been given to the institution.

Hence, NRC decided to withdraw the recognition under Section 17 of the NCTE Act, 1993 from the end of the academic session next following the date of order of withdrawal. A detailed withdrawal order be issued to the college.

Signature Not Verified Digitally Signed W.P.(C) 8188/2020 Page 2 of 7 By:SAPNA SETHI Signing Date:14.10.2022 20:32:13

5. NOW, THEREFORE, in exercise of the powers vested us 17(1) of the NCTE Act. 1993, the Northern Regional Committee hereby withdraws recognition of Smt. Prem Lata Maya Devi Agarwal Girls Degree College, Post Office- Raya, District Mathura, State -Uttar Pradesh, Pin Code 281204 granted for B.Ed. course for an intake of 100- seats on the grounds mentioned above from the end of the academic session next following the date of order of withdrawal."

[Emphasis supplied; bold in original]

3. Aggrieved by the above, an appeal was preferred before the Appellate Committee, NCTE, which was rejected vide order dated 06th October, 2020 [hereinafter "appellate order"], relevant portion of the said order is extracted below: -

" AND WHEREAS Appeal Committee noted that NRC issued a Show Cause Notice dated 28/03/2018 to appellant institution seeking compliance of the terms and conditions of revised recognition order. Subsequently, Dr. Bhim Rao Ambedkar University, Agra by its letter dated 15/02/2019 informed that a number of institutions including the appellant institution is not possessing adequate academic faculty as required under the NCTE Regulation, 2014. Another Show Cause Notice dated 19/06/2019 was issued to appellant Institution and this S.C.N. contained the observations of affiliating university.

AND WHEREAS Appeal Committee observed that appellant institution in its reply dated 15/07/2019 submitted a handwritten list containing the names of a Principal and 7/10 lecturers but the list is not approved/countersigned by the University. Appellant has not made any formal request to NRC to reduce the intake from 100 to 50 seats. The submission made by appellant during appeal hearing is not adequate enough to ensure compliance of terms and conditions as enumerated in Appendix 4 of the revised recognition order. Appeal Committee, therefore, decided to confirm the impugned withdrawal order dated 10/07/2020."

[Emphasis supplied; bold in original]

4. Petitioner-Institute contends that the withdrawal order does not provide any reasoning for arriving at the conclusion. Additionally, it is contended that Appellate Committee also does not take into consideration documents which were duly furnished before them along with the reply to Signature Not Verified Digitally Signed W.P.(C) 8188/2020 Page 3 of 7 By:SAPNA SETHI Signing Date:14.10.2022 20:32:13 SCNs, which sufficiently establishes that Petitioner-Institute complied with provisions/ norms contained in NCTE Regulations.

5. Mr. Rahul Madan, Standing Counsel for NCTE, states that Petitioner- Institute was found to be non-compliant of the NCTE Regulations. He places reliance on Appendix 4 under Regulation 9 of the said Regulations, which requires Petitioner-Institute to give details qua faculty staff, including qualifications possessed by each faculty member. Mr. Madan points that the faculty list provided by Petitioner-Institute did not meet the requirement of the Regulations, in as much as, a handwritten list of ten faculty members was annexed along with reply and generic terms such as "graduate" were used without giving any details/ specifics regarding their qualifications. In these circumstances, he submits that withdrawal order was justified and warrants no interference. Additionally, it is argued that Petitioner-Institute cannot claim parity with Asha Devi Mahavidyalaya v. National Council for Teacher Education & Anr.1

6. Mr. Mayank Manish, counsel for Petitioner-Institute, states that Petitioner-Institute complied with NCTE Regulations. On the aspect of approved faculty list, he states that the same was issued by the affiliating university, as per its own procedure which is undoubtedly, beyond the control of Petitioner-Institute. He further states that he will place the salary slips of the faculty before NRC, in case an opportunity is afforded. He also points out that subsequently, NRC order dated 11th April, 2022 [hereinafter "refusal order"] observed that the withdrawal order would be applicable Signature Not Verified Digitally Signed W.P.(C) 8188/2020 Page 4 of 7 By:SAPNA SETHI Signing Date:14.10.2022 20:32:13 from academic session 2022-23 , which is also liable to be set-aside.

7. The Court has heard the counsel for the parties. On perusal of the withdrawal order, it is apparent that NRC has failed to consider the documents submitted by Petitioner-Institute. The said impugned order merely takes note of the reply furnished by Petitioner-Institute but makes no discussion thereon, for arriving at the decision of withdrawal.

8. The Appellate Committee has also dealt with the appeal in a casual manner. In case it has any reservations regarding veracity of documents submitted by Petitioner-Institute in its reply, appropriate course should have been to seek a clarification from the institute or to conduct a fresh inspection. Petitioner-Institute had furnished the faculty list, which bears the stamp of affiliating university. This faculty was recruited by selection committee constituted of members from the affiliating university itself. In the opinion of the Court, if the faculty list did not strictly adhere to Appendix 4 of Regulation 9 of NCTE Regulations, Appellate Committee could have verified or enquired into qualifications of faculty members, and in case of doubt, sought clarification from the affiliating university. This has admittedly not been done.

9. In light of afore-noted submissions, the present petition is allowed with following directions:

9.1. Withdrawal order dated 10th July, 2020, appellate order dated 06th October, 2020 and the refusal order dated 11th April, 2022 are set-

W.P. (C) 9744/2020 dated 03rd December, 2020.

Signature Not Verified Digitally Signed W.P.(C) 8188/2020 Page 5 of 7 By:SAPNA SETHI Signing Date:14.10.2022 20:32:13

aside;

9.2. NRC shall re-examine the issue qua the faculty list. They shall be free to conduct a fresh inspection itself or through NCTE, if deemed necessary;

9.3. NRC shall be permitted to seek any information that they may so require from the affiliating university in respect of the faculty members which are mentioned in the list furnished by Petitioner- Institute;

9.4. NRC shall thereafter pass an appropriate order, in accordance with law and dispose of the matter, as expeditiously as possible but not later than three months from today;

9.5. Petitioner-Institute shall furnish salary slips of all faculty members before the NRC for last six months, and any other document, if so required, within three weeks from today;

9.6. Petitioner-Institute shall be entitled to admit students for B.Ed. in academic session 2022-23 and also for further academic sessions, unless and if a withdrawal order is passed in accordance with law; and 9.7. Respondents are directed to update the status of Petitioner-Institute, within a period of one week from the date of uploading the order and send an intimation in respect thereof to the affiliating university of Signature Not Verified Digitally Signed W.P.(C) 8188/2020 Page 6 of 7 By:SAPNA SETHI Signing Date:14.10.2022 20:32:13 Petitioner as well as to the concerned Department of Education to enable them to participate in counselling and admission process for academic session 2022-23.

10. Accordingly, the present petition is disposed in the above terms, along with pending applications.

SANJEEV NARULA, J OCTOBER 7, 2022 nk (Corrected and released on: 14th October, 2022) Signature Not Verified Digitally Signed W.P.(C) 8188/2020 Page 7 of 7 By:SAPNA SETHI Signing Date:14.10.2022 20:32:13

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Delhi High Court - Orders