Delhi High Court - Orders
Bishnupur Mallabhum B.Ed. College & Anr vs National Council For Teacher Education ... on 30 April, 2024
Author: C.Hari Shankar
Bench: C.Hari Shankar
$~71
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 5953/2024
BISHNUPUR MALLABHUM B.ED.
COLLEGE & ANR. ..... Petitioners
Through: Mr. Amitesh Kumar, Ms. Priti
Kumari and Mr. Mrinal Kishor, Advocates.
versus
NATIONAL COUNCIL FOR
TEACHER EDUCATION & ANR. ..... Respondents
Through: Mr. Hemant Singh and Mr.
Abhinav Trathagat, Advocates, for NCTE.
CORAM:
HON'BLE MR. JUSTICE C.HARI SHANKAR
ORDER
% 30.04.2024 W.P.(C) 5953/2024 and CM APPL. 24745/2024 (stay)
1. The petitioners are aggrieved by the following order of withdrawal passed by the Eastern Regional Committee (ERC) of the National Council for Teacher Education (NCTE), of the recognition granted to the petitioner for conducting its B.Ed. program as far back as in July 2016, by the withdrawal order dated 9 August 2023 as well as by the dismissal, by the Appellate Committee of the NCTE, of the appeal preferred by the petitioner thereagainst, vide appellate order dated 19 December 2023.
2. The impugned order of the Appellate Committee records the submissions made by the petitioner before it, and the outcome of the appeal, separately, thus:
W.P.(C) 5953/2024 Page 1 of 9This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/05/2024 at 20:31:32 "II. SUBMISSIONS MADE BY APPELLANT:-
Mr. Animesh Bhattacharya, Head - Account & HR of Bishnupur Mallabhum B.Ed. College, 330, Mayrapukur, Gossainpur, Bishnupur, Bankura, West Bengal- 722122 appeared online to present the case of the appellant institution on 04.12.2023. In the appeal report, it is submitted that "(i). The original land of 5.03 acre was possessed by Bishnupur Public Education Institute (Society) and on 01 .03.2010 the said land was converted for setting up an educational institute and Conversion Certificate was issued by the D.L.& L.R.O./Additional District Magistrate (LR), (Copy Enclosed as Annex-01). 2. Out of the above converted land, 0.67 acre of the said land was donated to Bishnupur Mallabhum B.Ed. College by Transfer Deed on 22.01.2014 and subsequently another 0.23 acre of land was donated by Transfer Deed on 25.03.2015. Hence the total 0.90 acre of land received by Bishnupur Mallabhum B.Ed.
College from Bishnupur Public Education Institute has already been converted into an Educational Institute, so no further conversion certificate is no longer required (Copy of the Gift Deeds of the English version duly notarized along with copy of mutation certificate of the above converted 0.90 acre of land of Bishnupur Mallabhum B.Ed. College is enclosed as Annex - 02).
3. The above 0.90 acres of land possessed by Bishnupur Mallabhum B.Ed. College was also verified by the Revenue Inspector and the R.O.R. & the Land Utilization was verified physically & certified on 01.02.23 which we have already filed to NCTE on 17.03.23, 10.06.23 & 19.07.23 and the above certificate is enclosed as Annex -03 speaks as follow: a. The ownership of the title of the above land is Bishnupur Mallabhum B.Ed. College. b. The above land is already converted into an Education Institute c. And it was utilized for converted purposes. (Copy of the Letter to NCTE Dated 17.03.23, 10.06.23 & 19.07.23 is enclosed as annex- 04). 4. Since the Classification of the land is already converted into Educational Institute the same is appearing in the ''Banglarbhumi" (Portal of Govt. Of West Bengal), Copy of the land details downloaded from Banglarbhumi.corn is enclosed as Annex -05, which further substantiate our claim. 5. In the order of withdrawal dated 09.08.23, Point no 8 The Hon'ble Regional Director of NCTE noted that certain documents previously submitted were sent for verification to D.L& L.R.O. who asper ERC communicated with ERC the same was not issued by them. In the reply of 1st Show Cause Letter we have mistakenly forwarded with wrong document wherein the pre-exist document was in our record, but it was escaped from the notice of all concern. However, from the certificates as above submitted time W.P.(C) 5953/2024 Page 2 of 9 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/05/2024 at 20:31:32 and again which are on record clearly say that the land conversion certificate dated 01 .03.2010 issued in the name of Bishnupur Public Education Institute is in force and may be verified from the government website directly, We are enclosing herewith the initial conversion certificate in the name of the transferor i.e., Bishnupur Public Education Institute as per Annex
- 01. So the conjoint references of transfer deeds of 0.90 Acre of land, conversion certificate in the name of Bishnupur Public Education institute and the mutation Certificate in the name of Bishnupur Mallabhum B.Ed. College successfully prove that the subjected land is already converted which was again verified and certified by the Revenue Inspector, Belsulia Revenue Inspector Office under Block land & Land Reform Officer Bishnupur, and the title is in the name of Bishnupur Mallabhum B.Ed. College which can be verified from the government website. 6. Unfortunately the order of withdrawal dated 09.08.2023, Point No 8 don't contain any concrete reason of rejection as contemplated in Section 17(1) of the NCTE Act wherein specifically mentioned that "where the Regional Committee is, on its own motion or on any representation received from any person, satisfied that a recognised institution has contravened any of the provisions of this Act, or the rules, regulations orders made or issued thereunder, or any condition subject to which recognition under sub-section (3) of section 14 or permission under sub-section (3) of section 15 was granted, it may withdraw recognition of such recognised institution, for reasons to be recorded in writing: Provided that no such order against the recognised institution shall be passed unless a reasonable opportunity of making representation against the proposed order has been given to such recognised institution: Provided further that the order withdrawing or refusing recognition passed by the Regional Committee shall come into force only with effect from the end of the academic session next following the date of communication of such order." Unfortunately, certain observations were made in the order in Point No 8 made by the Honourable ERC but to revoke Sec 17(1) it is a preconditioned that ERC must be satisfied that there is contravention of the Provision, Rules & Regulations but the order said to identify the exact violation and the satisfaction of ERC that the contravention of the acts and rules is not proved. 7. Further Section 17(1) clearly provides for a reasonable opportunity to be given to the institution before giving any order of withdrawal. Unfortunately, after the show cause notice dated your appellant replied with all the details and documents relied upon submitted before the ERC on 17.03.23, 10.06.23 & 19.07.23. Copy of the Letter enclosed as Annex - 04. However, in the order dated 09.08.23, the Honorable ERC didn't discuss anything about the reply dated 17.03.23, 10.06.23 & 19.07.23, and even not any word about whether the W.P.(C) 5953/2024 Page 3 of 9 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/05/2024 at 20:31:33 documents submitted were accepted or rejected and mechanically jumped to the conclusion which is against the natural justice. Now we are submitting all the documents which are already been produced before the ERC. During the proceedings which are on record no new evidence/documents are being produced herewith. In light of the above point the conversion of the land of your appellant into an educational institute is clear and can't be doubted. For this reason, the order of rejection in this point may be withdrawn. (ii). Bishnupur Mallabhum B.Ed. College received building safety certificate from the Architect Arpan Dasgupta on 10.03.2016 and Belsulia gram Panchayet (being the "Competent Authority" as per guidelines of West Bengal Panchayet Rules 2004) issued Building Safety Certificate on 25.01 .2021 after joint inspection with the Architect (Copy of Building Safety Certificate from Architect & Belsulia Gram Panchayet is enclosed as Annex - 06) 2. All the above certificates already filed to NCTE on 17.03.23, 10.06.23 & 19,07.23. Copy of the Letter enclosed as Annex - 04. 3. In the order of withdrawal dated 09.08.23, Point no. 8 The Hon'ble Regional Director of NCTE noted that certain documents previously submitted were sent for verification to the district Engineer, Bankura Zilla Parishad, Bankura. who as per ERC communicated with ERC the same was not issued by them. In the reply of 1st Show Cause Letter we have mistakenly forwarded with wrong document wherein the pre- exist document was in our record, but it was escaped from the notice of all concern. 4. Unfortunately the order of withdrawal dated 09.08.2023, Point No 8 don't contain any concrete reason of rejection as contemplated in Section 17(1) of the NCTE Act wherein specifically mentioned that "where the Regional Committee is, on its own motion or on any representation received from any person, satisfied that a recognised institution has contravened any of the provisions of this Act, or the rules, regulations orders made or issued thereunder, or any condition subject to which recognition under sub-section (3) of section 14 or permission under sub-section (3) of section 15 was granted, it may withdraw recognition of such recognised institution, for reasons to be recorded in writing: Provided that no such order against the recognised institution shall be passed unless a reasonable opportunity of making representation against the proposed order has been given to such recognised institution:
Provided further that the order withdrawing or refusing recognition passed by the Regional Committee shall come into force only with effect from the end of the academic session next following the date of communication of such order." Unfortunately, certain observations were made in the order in Point No 8 made by the Honorable ERC but to revoke Sec 17(1) it is a preconditioned that ERC must be satisfied that there is contravention of the Provision, Rules & Regulations but the order W.P.(C) 5953/2024 Page 4 of 9 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/05/2024 at 20:31:33 said to identify the exact violation and the satisfaction of ERC that the contravention of the acts and rules is not proved. 5. Further Section 17(1) clearly provides for a reasonable opportunity to be given to the institution before giving any order of withdrawal. Unfortunately, after the show cause notice dated your appellant replied with all the details and documents relied upon submitted before the ERC on 17.03.23, 10.06.23 & 19.07.23. Copy of the Letter enclosed as Annex - 04. However, in the order dated 09.08.23, the Honorable ERC didn't discuss anything about the reply dated 17.03.23, 10.06.23 & 19.07.23, and even not any word about whether the documents submitted were accepted or rejected and mechanically jumped to the conclusion which is against the natural justice. Now we are submitting all the documents which are already been produced before the ERC. During the proceedings which are on record no new evidence/documents are being produced herewith. In light of the above point the Building Safety Certificate of your appellant is clear and can't be doubted. For this reason, the order of rejection in this point may be withdrawn."
III. OUTCOME OFTHE CASE The Appeal Committee in its 15th Meeting, 2023 held online on 5th December, 2023 perused the relevant records and the documents submitted by appellant institution in the Appeal Report, documents on record and oral arguments advanced during the meeting.
The Appeal Committee noted that the appellant institution was granted recognition for B.Ed. Course with an annual intake of 50 students vide order dated 29.07.2016, followed by order for an additional intake of 50 student thereby making an annual intake of 100 students vide order dated 28.04.2017. The recognition of the institution for B.Ed. programme was withdrawn by the ERC vide order dated 09.08.2023.
The Appeal Committee further noted that the instant matter was placed in 11th Meeting, 2023 held on 27.09.2023 and the appellant institution did not appear online to present its case. However, the appellant institute vide letter dated 27.09.2023, has requested to grant another opportunity to address the matter. Hence, the Appeal Committee decided to give (Second) opportunity to present their case.
The instant matter was taken up by the Appellate Committee in its 13th Meeting, 2023 held on 19.10.2023 whereby the Appeal Committee of the Council concluded that the Appeal is kept pending till the report is submitted by ERC. The Appeal W.P.(C) 5953/2024 Page 5 of 9 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/05/2024 at 20:31:33 Committee noted that the ERC vide letter dated 09.11.2023 submitted its report wherein the following has been informed:-
"I am to refer to your letter No. F.No.NCTE.Appl011/20/2023-Appeal Section-HQ dated O1.11.2023 on the subject cited above and to say that as per regulatory records of the institution, the land Use Certificate (CLU) dated 01.03.2010 and the Building Safety Certificate dated 25.01.2021 which were submitted by the institution before the Appeal Committee were submitted for the first time to ERC vide its letters dated 17.03.2023, 10.06.2023 and 19.07.2023. It is also pertinent to state that the said documents do not match the CLU and Building Safety Certificate which were originally submitted by the institution alongwith their application."
The Appeal Committee in its 15th Meeting, 2023 held on 05.12.2023 considered the report submitted by the ERC dated 09.11.2023 and Appellate Committee noted the following:
(i) The Land Use Certificate dated 01.03.2010 and Building Safety Certificate dated 25.01.2021 which was submitted by the institution before the Appellate Committee were submitted for the first time to the ERC vide letter dated 17.03.2023, 10.06.2023 and 19.07.2023. Moreover, the ERC clarified the above-mentioned documents did not match the CLU and Building Safety Certificate which were original submitted by the institution to the ERC with their application.
(ii) The ERC in its withdrawal order dated 09.08.2023 has stated that the change of Land Use Certificate submitted vide letter dt.
31.08.2022 to the ERC was not issued by the competent authority and similarly the Building Safety Certificate submitted vide letter dated 31.08.2022 to the ERC was also not issued by the competent Authority. The appellant institution has failed to prove before the Appellate Committee, that why such fraudulent/false documents had been submitted by the institution to the ERC.
Hence, the Appeal Committee after perusal of the Appeal W.P.(C) 5953/2024 Page 6 of 9 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/05/2024 at 20:31:33 Report, documents on record and oral arguments advanced during the online hearing is of the view that the appellant institution has failed to defend themselves on the ground mentioned above. The Appeal Committee concluded that the ERC was justified in withdrawing the recognition and decided that the instant appeal deserves to be rejected and therefore, the impugned withdrawal order dated 09.08.2023 issued by ERC is confirmed.
IV. DECISION:-
After perusal of the Appeal Report, documents on record and oral arguments advanced during the online hearing, Appeal Committee of the Council concluded that the ERC was justified in withdrawing the recognition and decided that the instant appeal deserves to be rejected and therefore, the impugned withdrawal order dated 09.08.2023 issued by ERC is confirmed."
3. I suggested to Mr. Hemant Singh, learned Counsel for the NCTE, that, as the reasoning of the Appellate Committee in the impugned order does not deal with the submissions of the petitioner, though they are reproduced in extenso under the heading "Submissions made by the appellants", it might be appropriate to remit this matter to the Appellate Authority for consideration de novo.
4. Mr. Hemant Singh sought to draw attention to the second ground on which the Appellate Committee had decided to uphold the order withdrawing the petitioners' recognition, to the extent that it opines that the Building Safety Certificate submitted by the petitioners to the Appellate Committee, vide letter dated 31 August 2022, was not issued by the competent authority. According to him, this finding indicates independent application of mind by the Appellate Committee.
5. The appellate order under the heading "Submissions of the W.P.(C) 5953/2024 Page 7 of 9 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/05/2024 at 20:31:33 Appellants", particularly records the petitioners' submissions, with respect to this precise objection, thus:
"(ii) Bishnupur Mallabhum B.Ed. College received building safety certificate from the Architect Arpan Dasgupta on 10.03.2016 and Belsulia gram Panchayet (being the "Competent Authority" as per guidelines of West Bengal Panchayet Rules 2004) issued Building Safety Certificate on 25.01.2021 after joint inspection with the Architect (Copy of Building Safety Certificate from Architect & Belsulia Gram Panchayet is enclosed as Annex -
06) 2. All the above certificates already filed to NCTE on 17.03.23, 10.06.23 & 19.07.23. Copy of the Letter enclosed as Annex - 04. 3. In the order of withdrawal dated 09.08.23,"
6. Thus, though the petitioners specifically gave a response to the allegations that the Building Safety Certificate was not issued by the Competent Authority, and that submission has been noted by the Appellate Committee in the impugned appellate order, there is no finding whatsoever on the said submission. The Appellate Committee merely reproduces, like an incantation, the grounds for withdrawing the petitioners' recognition, verbatim from the withdrawal order. There is no evidence of any independent application of mind by the Appellate Committee to the submissions made by the appellants.
7. Mr. Hemant Singh submits, however, that he has no instructions to concede to a remand and seeks time to file a counter affidavit.
8. Given the nature of the appellate order, this Court has no option but to interdict the operation of the impugned orders.
9. As such, issue notice to the respondents to show cause as to why rule nisi be not issued. Notice be also issued to the respondents W.P.(C) 5953/2024 Page 8 of 9 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/05/2024 at 20:31:33 on CM APPL No. 24745/2024, which seeks interim injunctive relief.
10. Notice in the writ petition as well as in CM APPL No. 24745/2024 is accepted on behalf of the respondents by Mr. Hemant Singh.
11. Counter affidavit to the petition and reply to the application be filed within four weeks with an advance copy to learned counsel for the petitioners, who may file rejoinders thereto, if any, within four weeks thereof.
12. Till the next date of hearing, operation of the impugned withdrawal order dated 9 August 2023 and the First Appellate order dated 19 December 2023 shall remain stayed.
13. Renotify on 30 July 2024.
C.HARI SHANKAR, J APRIL 30, 2024 rb Click here to check corrigendum, if any W.P.(C) 5953/2024 Page 9 of 9 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/05/2024 at 20:31:33