Supreme Court - Daily Orders
Infant Jesus College Of Education vs National Council For Teacher Education ... on 19 July, 2016
Bench: Dipak Misra, Rohinton Fali Nariman
WP No. 398/2016
ITEM NO.2+27+30+31 COURT NO.4 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(s)(Civil) No(s). 398/2016
INFANT JESUS COLLEGE OF EDUCATION Petitioner(s)
VERSUS
NATIONAL COUNCIL FOR TEACHER EDUCATION &ANR. Respondent(s)
(With appln.(s) for directions)
WITH
W.P.(C) No. 400/2016
(With appln.(s) for directions)
W.P.(C) No. 402/2016
(With appln.(s) for directions and Office Report)
W.P.(C) No. 407/2016
(With appln.(s) for directions and Office Report)
W.P.(C) No. 408/2016
(With appln.(s) for directions and Office Report)
W.P.(C) No. 424/2016
(With Office Report)
W.P.(C) No. 434/2016
(With Office Report)
W.P.(C) No. 392/2016
(With Office Report)
W.P.(C) No. 436/2016
(With Office Report)
W.P.(C) No. 442/2016
(With Office Report)
W.P.(C) No. 445/2016
(With Office Report)
W.P.(C) No. 446/2016
(With Office Report)
W.P.(C) No. 448/2016
(With Office Report)
W.P.(C) No. 454/2016
(With Office Report)
W.P.(C) No. 464/2016
(With appln.(s) for exemption from filing O.T. and Office Report)
W.P.(C) No. 469/2016
(With appln.(s) for exemption from
Signature Not Verified
filing O.T. and Office Report)
W.P.(C) No. 470/2016
Digitally signed by
GULSHAN KUMAR
ARORA
Date: 2016.07.30
(With Office Report)
13:03:31 IST
Reason:
W.P.(C) No. 472/2016
(With Office Report)
W.P.(C) No. 475/2016
(With appln.(s) for directions and Office Report)
WP No. 398/2016 2
W.P.(C) No. 478/2016
(With Office Report)
W.P.(C) No. 482/2016
(With appln.(s) for exemption from filing O.T. and Office Report)
W.P.(C) No. 483/2016
(With Office Report)
W.P.(C) No. 486/2016
(With Office Report)
W.P.(C) No. 490/2016
(With Office Report)
W.P.(C) No. 492/2016
(With Office Report)
W.P.(C) No. 493/2016
(With Office Report)
W.P.(C) No. 502/2016
(With appln.(s) for exemption from filing O.T. and Office Report)
W.P.(C) No. 506/2016
(With Office Report)
W.P.(C) No. 507/2016
(With Office Report)
W.P.(C) No. 508/2016
(With Office Report)
W.P.(C) No. 510/2016
(With appln.(s) for exemption from filing O.T. and Office Report)
W.P.(C) No. 509/2016
(With appln.(s) for exemption from filing O.T. and Office Report)
W.P.(C) No. 513/2016
(With Office Report)
W.P.(C) No. 514/2016
(With Office Report)
W.P.(C) No. 515/2016
(With Office Report)
W.P.(C) No. 519/2016
(With Office Report)
W.P.(C) No. 521/2016
(With appln.(s) for exemption from filing O.T. and Office Report)
W.P.(C) No. 520/2016
(With Office Report)
W.P.(C) No. 522/2016
(With appln.(s) for exemption from filing O.T. and Office Report)
W.P.(C) No. 523/2016
(With appln.(s) for exemption from filing O.T. and Office Report)
W.P.(C) No. 524/2016
(With Office Report)
W.P.(C) No. 526/2016
(With appln.(s) for directions and Office Report)
W.P.(C) No. 527/2016
(With Office Report)
W.P.(C) No. 528/2016
(With Office Report)
W.P.(C) No. 529/2016
(With appln.(s) for directions and Office Report)
WP No. 398/2016 3
W.P.(C) No. 531/2016
(With Office Report)
W.P.(C) No. 532/2016
(With Office Report)
W.P.(C) No. 533/2016
(With Office Report)
W.P.(C) No. 534/2016
(With appln.(s) for exemption from filing O.T. and Office Report)
W.P.(C) No. 535/2016
(With Office Report)
W.P.(C) No. 536/2016
(With Office Report)
W.P.(C) No. 540/2016
(With appln.(s) for directions and Office Report)
W.P.(C) No. 547/2016
(With Office Report)
W.P.(C) No. 549/2016
(With Office Report)
W.P.(C) No. 551/2016
(With Office Report)
W.P.(C) No. 582/2016
(With appln.(s) for exemption from filing O.T. and Office Report)
W.P.(C) No. 583/2016
(With Office Report)
W.P.(C) No. 568/2016
(With appln.(s) for directions and office report)
W.P.(C) No. 569/2016
(With appln.(s) for directions and office report)
W.P.(C) No. 575/2016
(With appln.(s) for directions and office report)
W.P.(C) No. 577/2016
(With appln.(s) for directions and office report)
Date : 19/07/2016 This petition was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE DIPAK MISRA
HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN
For Petitioner(s) Mr. Sanjay Sharawat, AOR
Mr. Ratish Kumar, Adv.
Mr. Mayank Manish, Adv.
Mr. Ravi Kant, Adv.
Mr. Chandra Prakash, AOR
Mr. Shalinder Saini, AOR
Ms. Rashmi Malhotra, Adv.
WP No. 398/2016 4
Mr. Amitesh Kumar, Adv.
Mr. Shashank Shekher Singh, Adv.
Mr. Priti Kumari, Adv.
Mr. Vimal sinha, Adv.
Mr. Mritunjay Kumar Sinha, AOR
Mr. Smarhar Singh, AOR
Mr. Kunal Chatterji, AOR
Ms. Maitrayee Banerjee, Adv.
For Respondent(s) Mr. Gaurav Sharma, AOR
Mr. Prateek Bhatia, Adv.
Mr. Dhawal Mohan, Adv.
Ms. Vara Gaur, Adv.
UPON hearing the counsel the Court made the following
O R D E R
WRIT PETITION NOS.398, 400, 402, 407, 424, 434, 392, 436, 442, 445, 446, 464, 469, 470, 472, 475, 482, 483, 486, 490, 492, 493, 502, 508, 510, 509, 513, 515, 521, 520, 522, 523, 524, 527, 528, 529, 532, 533, 535, 582, 583, 568, 569, 575 and 577 OF 2016 In all these writ petitions, the prayer is for grant of recognition by the National Council for Teacher Education (NCTE) for the academic year 2016-2017. Be it stated, the NCTE has granted recognition for the academic year 2017-2018.
In our considered opinion, when the recognition has been granted for the academic year 2017-2018, there is no justification or warrant to make it retrospective for 2016-2017. However, as recognition has been granted, the affiliating universities shall grant affiliation within a period of eight weeks hence and thereafter the institutions can proceed accordingly so that they can have a smooth admission for the academic session 2017-2018. We are sure, the NCTE shall not create any kind of impediment in that regard and if the universities make any endeavour to create any obstruction in granting affiliation, it has to be with the leave of this Court.
The writ petitions are, accordingly disposed of. There shall be no order as to costs.
WP No. 398/2016 5WRIT PETITION NOS.408, 448, 454, 478, 526, 531, 534, 536, 540, 547, 549 AND 551 OF 2016 Heard learned counsel for the parties.
The singular grievance in this batch of writ petitions is that though the NCTE has issued Letters of Intent (LOI) to the institutions, it has not proceeded further as a result of which recognition has not been granted in favour of the institutions. Considering the facts and circumstances of the case, it is directed that the NCTE shall proceed from the stage of LOI and complete the process within two months after affording adequate opportunity to the representatives of the concerned institution. If there will be any deficiency, the same shall be allowed to be removed within a period of six weeks from the date of intimation as regards the deficiency. Needless to say, if eventually, recognition is granted, it shall be for the academic session 2017-2018. Needless to say, once recognition is granted, the affiliation by the universities shall be granted subject to conditions to be fulfilled as per affiliation procedure.
The writ petitions are, accordingly disposed of. There shall be no order as to costs.
WRIT PETITION NOS.506, 507, 514 AND 519 OF 2016 Let a copy of these petitions be served on Mr. Gaurav Sharma, learned counsel for the NCTE who shall obtain instructions from the respondents.
WP No. 398/2016 6
Let the matters be listed in course of next week. The Registry is directed to reflect the name of Mr. Gaurav Sharma, in the cause list on the next date of hearing.
(Gulshan Kumar Arora) (H.S. Parasher)
Court Master Court Master