Himachal Pradesh High Court
Court On Its Own Motion vs Gautam Group Of College on 12 December, 2018
Bench: Tarlok Singh Chauhan, Chander Bhusan Barowalia
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
CWP No. 1311 of 2017 Reserved on: 20.9.2018 Decided on: 12.12.2018 .
____________________________________________________________ Court on its own motion .....Petitioner Versus Gautam Group of College, Hamirpur and others ...Respondents _____________________________________________________________ Coram:
Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge. Hon'ble Mr. Justice Chander Bhusan Barowalia,Judge.
Whether approved for reporting? 1 No For the Petitioner: Ms. Jyotsna Rewal Dua, Senior Advocate, as Amicus Curiae with Mr. Tijender Singh, Advocate.
For the Respondents: Mr. Shrawan Dogra, Mr. R.L. Sood and Mr. Dilip K. Sharma, Sr. Advocates with Mr. Harsh Kalta, Mr. Umesh Kanwar, Mr. Dushyant Dadwal, Mr. Sanjiv Kumar, Mr. B.B.Vaid, Mr. K.B.Khajuria, Mr. Anil God, Mr. Onkar Jairath, Mr. Sanjeev Kuthiala, Mr. Vinod Gupta, Mr. Sanjay Kumar, Mr. Bharat Thakur and Mr. Deven Khanna, Advocates, for respondents No.1, 3,4, 11, 31 to 35, 37, 39, 41, 42, 44, 51 to 55, 68, 69,72 & 73.
Mr. Ajay Kumar, Sr. Advocate with Mr. Dheeraj Kumar Vashisht, Advocate, for respondent No.2.
Mr. Ashok Kumar Verma, Advocate, for respondent No.5.1
Whether reporters of the local papers may be allowed to see the judgment? yes ::: Downloaded on - 18/12/2018 22:55:12 :::HCHP 2 Mr. Sanjeev Bhushan, Sr. Advocate with Ms.Abhilasha Kaundal, Advocate, for respondents No.6,9, 15, 16, 21, 32, 36 &
39.
Mr. Tek Chand, Advocate, for respondents No.7 & 8.
.
Mr. B.C. Negi, Sr. Advocate with Mr. Pranay Pratap Singh, Advocate, for respondent No.9.
Mr. Mukesh Thakur, Advocate, for respondents No.10 & 76.
Mr. Ankush Dass Sood, Sr. Advocate with Mr.Ramakant Sharma, Advocate, for respondents No.12, 17, 19, 20, 21, 23 to 25, 29, 30, 40, 45, 77 and 90.
Mr. Surender Verma, Advocate, for respondent No.13.
Mr. Suneet Goel, Advocate, for respondent No.14.
Mr. Sushant Vir Singh Thakur, Advocate, vice Mr. Vikrant Thakur, Advocate, for respondent No.18.
Mr. Vijay Chaudhary, Advocate, for respondent No.22.
Mr. Malay Kaushal, Advocate, for respondents No. 27 & 28.
Mr. H.S. Rangra, Advocate, for respondent No.36.
Mr. Ajay Kumar Dhiman, Advocate, for respondent No.38.
Mr. Satyen Vaidya, Sr. Advocate with Mr. Vivek Sharma, Advocate, for respondent No.41.
Mr. Vijay Sharma, Advocate, for respondent No.43.
Mr. Ramakant Sharma, Sr. Advocate, with Mr. Basant Thakur, Advocate, for respondent No.46.
Mr. Sudhir Thakur, Advocate, for respondent No.48.
Mr. Y.P. Sood, Advocate, for respondent No.49 & 50.
Mr. Vinod Thakur and Mr. Sudhir Bhatnagar, Additional Advocate Generals, ::: Downloaded on - 18/12/2018 22:55:12 :::HCHP 3 with Mr. J. S. Guleria and Mr. Bhupinder Thakur, Dy. A.Gs. for respondent No.56. Mr. Vijay Arora, Advocate, for respondent No.57.
Mr. Neel Kamal Sharma, Advocate, for respondent No.58.
.
Mr. Diwakar Dev Sharma, Advocate, for respondent No. 59.
Mr. Surender Sharma, Advocate, for respondent No.60 & 62.
Mr. B. Nandan Vashisht, Advocate, for respondents No.64 & 65.
Mr. Deepak Kaushal, Advocate, for respondents No.66, 70 and 74.
Mr. Arush Matlotia, Advocate, for respondent No.67.
Mr. Sunil Mohan Goel, Advocate, for respondent No.80.
r Mr. Prince Chauhan, vice counsel, for respondent No.81.
Mr. N.K. Sood, Sr. Advocate, with Mr. Aman Sood, Advocate, for respondents No.82 to 84.
Mr. S.S. Sood, Advocate, for respondent No.85.
Mr. Shashi Shirshoo, Central Government Counsel, for respondent No.61Union of India.
Mr. Balwant Singh Thakur, Advocate, for respondent No. 87.
Mr. Nimish Gupta, Advocate, for respondents No. 93, 94, 95, 96, 99.
Mr. Anoop Rattan, Advocate, for respondents No. 97, 98, 100 and 101.
__________________________________________________________________ Per Justice Tarlok Singh Chauhan, Judge This Court, in a public interest litigation in CWP No. 6454/2010 issued directions from time to time. In obedience to one of the orders dated 5.9.2012, passed by this ::: Downloaded on - 18/12/2018 22:55:12 :::HCHP 4 Court, the Central Bureau of Investigation (CBI) had registered two preliminary inquiries and the State Vigilance & AntiCorruption Bureau registered FIR No. 11 dated .
18.7.2011 in connection with the allegations of certain forged certificates allegedly issued by some of the educational institutions in the State of Himachal Pradesh. The CBI concluded the first preliminary inquiry and submitted a report, upon which, this Court, vide order dated 3.5.2012, directed that the investigation of the crime registered by FIR No. 11 be transferred to the CBI, for investigation.
2 In the second preliminary inquiry, it was ascertained from different documents collected from different regulatory authorities, namely, All India Council for Technical Education (AICTE), New Delhi, Nation Council for Teacher Education (NCTE) NRC, Jaipur, NCVI, New Delhi that a total of 274 private Technical/Educational and other institutions were granted recognition/approval by different regulatory authorities, after obtaining No Objection Certificate from the Directorate of Technical Education, Government of Himachal Pradesh, had granted affiliation to the aforesaid category of institutions. Therefore, vide order dated 9.8.2011, this Court directed as follows: ::: Downloaded on - 18/12/2018 22:55:12 :::HCHP 5 "The S.P C.B.I. who is present before us has brought to the notice of this Court, that in some cases where NOC's have been obtained from the N.C.T.E., they do not have buildings much less proper buildings.
.
According to his information, there are several such institutions. There will be a direction to the S.P. C.B.I. to inquire into all those cases where the no objection/clearance has been obtained from the NCTE, NRC, NCVT, AICTE and other such agencies on the basis of false representations. After conducting such inquiry into the matter of all such private institutions, a report in a sealed cover be submitted before this Court in three months. We make it clear that it will be open for the C.B.I. also to take appropriate action under law on the basis of the investigation and it is not required that they should wait for orders from this Court for any direction/permission in that regard to take action in accordance with law."
3 The CBI assailed the aforesaid order by filing petition(s) for special leave to appeal (c) No.(s) 11462 11463/2013 before the Hon'ble Supreme Court. It was represented before the Hon'ble Supreme Court that the CBI was in fact not challenging the aforesaid order passed by this Court, but only expressing its inability to undertake such a huge investigation, having regard to the limited infrastructure available to it. The CBI, therefore, came up with the suggestion that the investigation be referred to a ::: Downloaded on - 18/12/2018 22:55:12 :::HCHP 6 Committee constituted under orders of the Hon'ble Supreme Court and even suggested names of four retired Police Officers of whom, three had worked with the CBI earlier.
.
Pursuant to this representation, the Hon'ble Supreme Court vide order dated 20.4.2015 appointed a committee of the following members: Sr. Name of Officer Batch Cadre Remarks No. 1 A.C. Verma, IPS 1979 Bihar Retired in the year 2014 2 A.K. Malhotra, Ex. CBI CBI Retired in the year r 2008 as DIG, EOW, CBI, New Delhi 3 P.C. Sharma, Ex. CBI CBI Retird in the year 2011 as SSP, CBI, SU, New Delhi 4 Vijay Kumar, Ex. CBI CBI Retired in the year 2012 as Sr. SP, CBI, ACII, New Delhi.
Academicians
5 Ajay Kumar Mehra Associate Professor in
Political Science,
Shaheed Bhagat
Singh College
(Evening), University
of Delhi
6 Dr. Parminderjit Singh Asst. Prof.
(Mechanical), Dean
Students
Affairs, Punjab
Engineering College,
Chandigarh.
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7
4 The Committee was directed to periodically
report the progress of the investigation to this Court and seek appropriate guidance in the matter.
.
5 For completion of records, it needs to be stated that two members of the aforesaid committee resigned and this Court vide order dated 10.1.2017 substituted Mr. Lakshmi Kant Sharma, Ex. Additional Director, Directorate of Higher Education, Government of Himachal Pradesh and Mr. Rajeev Kumar Sharma, Ex. Deputy Commandant of CISF, in their place.
6 However, before we proceed to deal with the progress reports that have been furnished by the Special Investigating Team (SIT) from time to time, we need to delineate the precise role of the regulatory authorities in the technical institutions falling under them.
7 In exercise of powers conferred by Section 32 of the National Council For Teacher Education Act, 1993 (in short, "the 1993 Act), the NCTE, established under sub section (1) of Section 3 of the Act of 1993, has framed Regulations known as National Council for Teacher Education (Application for Recognition, the Manner for Submission, Determination of Conditions for Recognition of Institutions and Permission to Start New Course or Training) ::: Downloaded on - 18/12/2018 22:55:13 :::HCHP 8 Regulations, 1995 dated 29.12.1995, which were assailed being ultra vires of the provisions of 1993 Act before the Hon'ble Supreme Court in St. Johns Teachers Training .
Institute vs. Regional Director, National Council For Teacher Education and another, (2003) 3 SCC 321,and same were held ultra vires of 1993 Act. It shall be apposite to refer to para 10 of the judgment, which reads thus:
10. A Regulation is a rule or order prescribed by a superior for the management of some business and implies a rule for general course of action. Rules and Regulations are all comprised in delegated legislations. The power to make subordinate legislation is derived from the enabling Act and it is fundamental that the delegate on whom such a power is conferred has to act within the limits of authority conferred by the Act. Rules cannot be made to supplant the provisions of the enabling Act but to supplement it. What is permitted is the delegation of ancillary or subordinate legislative functions, or, what is fictionally called, a power to fill up details.
The legislature may, after laying down the legislative policy confer discretion on an administrative agency as to the execution of the policy and leave it to the agency to work out the details within the frame work of policy. The need for delegated legislation is that they are framed with care and minuteness when the statutory authority making the Rule, after coming in to force of the Act, is in a better position to adapt the ::: Downloaded on - 18/12/2018 22:55:13 :::HCHP 9 Act to special circumstances. Delegated legislation permits utilisation of experience and consultation with interests affected by the practical operation of statutes. Rules and Regulations made by reason of .
the specific power conferred by the Statutes to make Rules and Regulations establish the pattern of conduct to be followed. Regulations are in aid of enforcement of the provisions of the Statute. The process of legislation by departmental Regulations saves time and is intended to deal with local variations and the power to legislate by statutory instrument in the form of Rules and Regulations is conferred by Parliament. The main justification for delegated legislation is that the legislature being over burdened and the needs of the modern day society being complex it can not possibly foresee every administrative difficulty that may arise after the Statute has begun to operate. Delegated legislation fills those needs. The Regulations made under power conferred by the Statute are supporting legislation and have the force and affect, if validly made, as the Act passed by the competent legislature. (See Sukhdev Singh v. Bhagatram Sardar Singh Raghuvanshi, AIR 1975 SC 1331).
8 The purpose of establishing the NCTE is to ensure planned and coordinated development for teacher education, for proper maintenance of norms and standards for teacher education and for discharge of diverse functions assigned to it by the 1993 Act. The Regional ::: Downloaded on - 18/12/2018 22:55:13 :::HCHP 10 Committees are empowered to discharge their functions as statutorily provided in Sections 14,15 and 17 and also such other functions which may be assigned to them by the NCTE .
or which may be provided in the regulations.
9 Once recognition has been granted to an institution by the Regional Committee, the NCTE has to ensure that such recognized institution functions in accordance with the 1993 Act.
10 Section 13 empowers the NCTE to cause inspection of any such institution to be made by such persons as it may direct, and in such manner as may be prescribed. Such inspection has to be made as prescribed in Rule 8 of the NCTE Rules, 1997 to find out whether such recognized institution is or is not functioning in accordance with the provisions of the 1993 Act, and if deficiencies are found, the NCTE is required to recommend such institution to make up the deficiencies.
11 The whole idea is that the NCTE is a parent body to keep an eye over the recognized institutions so that they function in accordance with 1993 Act and the Rules and the regulations and orders made or issued thereunder, and if any recognized institution is found wanting in its functioning, it is given an opportunity to rectify the deficiencies.
::: Downloaded on - 18/12/2018 22:55:13 :::HCHP11 12 Derecognition or withdrawal of recognition of a recognized institution, as per the Hon'ble Supreme Court in National Council for Teacher Education and another vs. .
Vaishnav Institute of Technology and Management, (2012) 5 SCC 139, is a drastic measure as it results in dislocation of the students, teachers and the staff.
13 It was in this background that the Hon'ble Supreme Court held that the NCTE has been empowered under Section 13 of the 1993 Act to have a constant vigil on the functioning of a recognized institution, and on the recommendation of the NCTE, after inspection, if a recognized institution does not rectify the deficiencies and continues to function in contravention of the provisions of the 1993 Act, or the Rules, or the Regulations, the Regional Committee under Section 17 has full power to proceed for withdrawal of recognition in accordance with the procedure prescribed therein.
14 In Maa Vaishno Devi Mahila Mahavidyalaya vs. State of Uttrar Pradesh and ors., (2013) 2 SCC 617, the Hon'ble Supreme Court has held that the NCTE is the paramount body for granting recognition and ensuring maintenance of higher standards of education in teachers' ::: Downloaded on - 18/12/2018 22:55:13 :::HCHP 12 training institution and it has primacy over the State and University concerned in this regard. It has further been held that if the directions of the NCTE are not complied with, the .
NCTE can render an institution ineffective and inoperative.
The NCTE is an authority constituted under the Central Act and its opinion is of utmost importance and takes precedence over the view of the State as well as the University. The Department of the State concerned and the affiliating University have a role to play, but it is limited in its application. They cannot lay down any guideline or policy, which would be in conflict with the Central statute or the standards laid down by the Central body. The State can frame its policy for admission to such professional courses, but such policy again has to be in conformity with the directives issued by the Central body.
15 In State of Rajasthan vs. LBS. B.Ed. College and ors., (2016) 16 SCC 110, it has been held by the Hon'ble Supreme Court that the NCTE has the final say in the matter of recognition and the role of State Government is limited one, confined to offering proper comments supported by due reasoning for the purpose of recognition. The NCTE has to consider such recommendations while granting recognition, but such recommendations are not binding on ::: Downloaded on - 18/12/2018 22:55:13 :::HCHP 13 the NCTE. Once recognition is granted, such grant attains supremacy visàvis the State as well as the affiliating body.
16 Thus, what can be deduced from the aforesaid .
exposition of law is that the NCTE is a parent body and it is entrusted with a task of keeping an eye over the recognized institutions that they function in accordance with the 1993 Act and the Rules and the regulations and orders made or issued thereunder and, if any recognized institution is found wanting in its functioning, then the NCTE is required to give an opportunity to such institutions to rectify the deficiencies, and in case the institutions do not rectify the deficiencies and continue to function in contravention of the provisions of the 1993 Act or the Rules or the Regulations, the Regional Committee constituted by it under Section 17 has full power to proceed for withdrawal of recognition in accordance with the procedure prescribed therein. The State and the University have a very limited role to play.
17 Likewise, as regards the AICTE, its position is not different from the NCTE being the paramount authority for granting of affiliation/recognition as held by the Hon'ble Supreme Court in LBS. B.Ed. College's case (supra).
::: Downloaded on - 18/12/2018 22:55:13 :::HCHP14 18 It was in this background that even after receipts of reports of the SIT, an opportunity was given to the institutions to rectify the deficiencies/shortcomings.
.
19 Similar issue regarding inspection of Colleges by the Central Council of Homeopathy (CCH), came up very recently before the Hon'ble Supreme Court in Civil Appeal No. 6734 of 2018, titled 'The Temple of Hanemann Homoeopathic Medical College and Hospital vs. Union of India and Others', decided on 17.7.2018 and after taking into consideration the various provisions of the Act, it was held that it was only the Central Government, which was empowered to appoint a team of inspectors under Section 17, and visitors for the examination under Section 18, for making recommendations to the Central Government on the basis of the report submitted by the team of inspectors or visitors as envisaged under Sections 17 and 18 of the Act. It is relevant to observe as under:
"A bare reading of the provisions contained under Section 17 makes it clear that as per statutory provision, duty has been enjoined upon the CCH to appoint a team of Inspectors. Such a power has been specifically conferred on such Expert Bodies under various enactments also. It is the function of the expert bodies in the field and they are supposed to ::: Downloaded on - 18/12/2018 22:55:13 :::HCHP 15 appoint a team of Inspectors and it is for expert bodies to make the recommendations to the Central Government. The role of the Central Government is a supervisory one and not to start an investigation by .
making the appointment of a team of Inspectors, as that is not envisaged under the Act of 1973 itself. Regulation 3(5) of the 2013 Regulations envisages random checks to be ordered on receipt of a complaint or otherwise as deemed necessary either by the Central Government or by the CCH. In case, CCH or Central Government receives any complaint, random checks can be ordered, but the regulations stop at that. It does not deal with the aspect who will appoint a team of inspectors for the purpose of inspection to be carried out. In our considered opinion, it is only the Central Council which is empowered to appoint a team of inspectors under Section 17 and visitors for the examination under Section 18 for making recommendation to the Central Government on the basis of the report submitted by the team of inspectors or visitors as envisaged under Sections 17 and 18 of the Act.
Regulation 3(5) of Regulations of 2013 has to be harmoniously interpreted with the provisions of Section 17 of the Act not repugnant thereto. The provision of Section 17 is not capable of interpretation empowering the Central Government to appoint a team of inspectors at all. Thus, the power conferred under Section 17 has to be exercised only by the CCH. Any other interpretation would be against the legislative mandate. The regulatons have to be subservient to the provisions of the Act. No other ::: Downloaded on - 18/12/2018 22:55:14 :::HCHP 16 provision could be pointed out under which the Act may have conferred the power upon the Central Government to appoint a team of Medical Inspectors. In our opinion, though Central Government on a .
complaint or otherwise, as contemplated under Regulation 3(5) of the Regulations, 2013 may cause inspection would mean only that inspection to be made by a team to be appointed by CCH. A team of inspectors or visitors as the case may be, can be appointed by CCH under Section 17 or 18 of the Act.
However, after an inspection is made, action has to be taken on the basis of the report as provided under the Act and the Regulations by the Central Government on the basis of the recommendation made by the CCH."
20 Thus, it is no longer res integra that the NCTE, AICTE or any other parent body is the only body that is entrusted with the task of keeping an eye over the recognized institutions that they function in accordance with the Act, Rules, Regulations and orders made or issued thereunder and, if any recognized institution is found wanting in its functioning, then it is required to be afforded an opportunity to rectify the deficiencies and it is only in case the institution still does not rectify the deficiencies and continues to function in contravention of the provisions of the Act, Rules and Regulations etc. the Committee constituted under the Act has been empowered to proceed for withdrawal of ::: Downloaded on - 18/12/2018 22:55:14 :::HCHP 17 recognition in accordance with the procedure prescribed therein. The Central and State Governments, as also the Universities, have a very limited role to play.
.
21 As observed above, the National Council for Teacher Education (NCTE) was established with a view to achieve planned and coordinated development of teacher education system throughout the country, the regulation and proper maintenance of norms and standards in the teacher education system and for matters connected therewith.
22 In order to achieve this object, the NCTE has framed regulations for laying down the procedure for grant of recognition together with the norms and standards for various teacher training programmes, and in this case, we are concerned with the regulations that were promulgated and published in the Gazette of India (Extraordinary) PartIII, Section 4 and were issued vide notification dated 13.11.2002. These regulations were called "The National Council for Teacher Education (Recognition Norms & Procedure) Regulations, 2002".
23 The appendix 5 provided for norms and standards for Elementary Teacher Education Programme.
The duration of the course was two academic years providing for a unit of 50 students for intake in each year. The ::: Downloaded on - 18/12/2018 22:55:14 :::HCHP 18 qualification of teaching staff was provided in Clause 5 of the norms which reads thus: "5.Qualifications of Teaching Staff .
(a) Principal/Head
(i) Academic and professional qualification will be as prescribed for the post of Lecturer.
(ii) At least five years' experience of teaching in elementary teacher education institutions.
(b) Lecturer
(i) Good academic record with M.Ed./M.A. (Education) with 55% marks, preferably with specialisation in elementary education.
Or
(ii) Good Academic record with Master's Degree with 55% marks in the relevant school subject and Bachelor of Elementary Education (B.El.Ed.), or B.Ed. Preferably with specialization in elementary education, and with five years' teaching experience in recognised elementary schools.
(iii) A relaxation of 5% may be provided, from 55% to 50% of the marks, at the Master's level for SC/ST Category.
(iv) Qualifications for other academic staff for teaching physical education, art, work experience, information technology literacy, etc. shall be as prescribed by the concerned State Government."
24 Clause 6 deals with the administrative staff and reads thus: "6. Administrative Staff The administrative and other support staff may be provided as per the norms prescribed by the concerned State Government."
::: Downloaded on - 18/12/2018 22:55:14 :::HCHP19 25 As regards infrastructural facilities and instructional facilities, the same were provided in clauses 7 and 8, which read thus: .
"7. Infrastructural facilities
(a) There shall be provision for adequate number of classrooms, hall, laboratory space for conducting instructional activities for approved intake of students, room for the principal and faculty members, and office for the administrative staff and a store. The size of instructional space shall not be less than 10 sq. ft. per student.
(b) There shall be a library equipped with text and reference books relating to prescribed courses of study, educational encyclopedia, year books, electronic publications (CDROMs) and journals on teacher education and other software relevant to the elementary stage.
(c) There shall be games facilities with playground.
Alternatively, the playground available with the attached school or local body may be utilized and where there is scarcity of space as in metropolitan towns/hilly regions, facilities for yoga, indoor games may be provided.
(d) To provide these facilities, the Management/Institutions shall, at the time of making application, have in its possession adequate land/land and building on ownership basis free from all encumbrances. Govt. land acquired on longterm lease as per the law of the concerned State/UT will also be considered valid for the purpose. Pending construction of permanent building in the above land, the institution may ::: Downloaded on - 18/12/2018 22:55:14 :::HCHP 20 provide these facilities in suitable temporary premises up to a maximum period of 3 years, before expiry of which the institution should shift to its permanent building.
8. Instructional facilities .
a) There shall be a multipurpose educational laboratory with psychology and science sections and a workshop attached to it.
(i) The science section shall have the apparatus and chemicals required to demonstrate all the experiments as per the syllabus of elementary schools.
(ii) The psychology section shall have facilities for conducting the following tests: Sensorymotor, Intelligence (Performance, Verbal and Nonverbal), Aptitude, Personality and Interest inventories including Projective Tests: provision for conducting simple Piagetian and Brunnerian experiments.
(b) There shall be hardware and software facilities for language learning.
(c) There shall be an Educational Technology laboratory with hardware and software required for imparting information Technology (IT) literacy."
26 As regards the terms and conditions of service of staff, it was provided as under: "9. Terms and Conditions of Service of Staff
(a) The appointments shall be made on the basis of recommendations of the Selection Committee constituted as per the policy of the Central/concerned State Government.
(b) All appointments are to be made on fulltime and regular basis.
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(c) Government institutions/Government aided institutions may make appointments on deputation or contract basis as an interim measure, in the absence of availability of suitable candidates recommended by .
appropriate bodies set up by the concerned government.
(d) Appointment of parttime instructors and other staff can be made as per the norms of the concerned Government.
(e) The academic and other staff of the institution (including parttime staff) shall be paid such salary as may be prescribed by the concerned State Government from time to time.
(f) The management of the institution shall discharge the statutory obligations relating to pension, gratuity, provident fund, etc.
(g) The age of superannuation of staff shall be determined by the policy of the concerned Government subject to maximum age not exceeding 65 years." 27 Likewise Appendix 7 provides for norms and standards for Secondary Teacher Education Programme commonly known as B.Ed. course, which was of the duration of one academic year, with an intake of 100 students.
28 Norms regarding qualifications of teaching staff was provided in Clause 5 and reads thus: "5. Qualifications of Teaching Staff
(a) Principal/Head
(i) Academic and professional qualifications will be as prescribed for the post of Lecturer.
::: Downloaded on - 18/12/2018 22:55:14 :::HCHP22
(ii) Ten years' experience of which at least five years should be in a secondary teacher education institution.
(b) Lecturer Good academic record with M.Ed./MA (Education) .
with 55% marks.
Or Good academic record with Master's Degree with 55% marks in the relevant school subject and M.Ed./MA (Education) with 50% marks.
Or Good academic record with Master's Degree with 55% marks in the relevant school subject and a B.Ed. Degree with 55% marks, with five years' teaching experience in a recognised secondary/senior secondary school. (This alternative qualification shall be applicable only in those states, where prior to the establishment of the NCTE, the qualification for appointment of teachers in B.Ed. Institutions was a Postgraduate Degree in a school subject with B.Ed. However, teachers appointed with this qualification will have to acquire M.Ed. Qualification within five years.)
(c) A relaxation of 5% may be provided from 55% to 50% of the marks at the Master's level for the SC/ST Category.
(d) Apart from the qualifications prescribed (sic), the candidates shall be required to have such other qualifications as may be prescribed by other regulatory bodies like the University Grants Commission (UGC), etc.
(e) Qualifications for other academic staff for teaching physical education, art, work experience, information technology literacy, etc. shall be as prescribed by the concerned affiliating University/UGC."
29 As regards administrative staff, it was stated in Clause 6 of the Regulations that the administrative and other support staff shall be provided as per the norms ::: Downloaded on - 18/12/2018 22:55:14 :::HCHP 23 prescribed by the concerned State Government/Affiliating University.
30 Clauses 7 and 8 deal with infrastructural facilities .
and instructional facilities, which read thus: "7. Infrastructural Facilities
a) There shall be provision for adequate number of classrooms, hall, laboratory space for conducting instructional activities for approved intake of 100 students, separate rooms for the principal, faculty members, office for the administrative staff and a store. The size of instructional spaces shall not be less than 10 sq. ft. per student
b) There shall be a library equipped with text and reference books related to the prescribed courses of study, educational Encyclopedia, year books, electronic publications (CDROMs) and journals on teacher education.
c) There shall be games facilities with a playground. Alternatively, the playground available with the attached school/college may be utilised and where there is scarcity of space as in metropolitan towns/hilly regions, facilities for yoga, indoor games may be provided.
d) To provide these facilities, the Management / Institutions shall, at the time of making application, have in its possession adequate land / land and building on ownership basis free from all encumbrances. Govt. land acquired on longterm lease as per the law of the concerned State / UT will also be considered valid for the purpose. Pending construction of permanent building in the above land, the institution may provide these facilities in suitable temporary premises up to a maximum period of 3 years, before expiry of which the institution should shift to its permanent building.
8. Instructional Facilities
a) There shall be a science laboratory or alternatively, science laboratory of the attached school/college may be used. The laboratory shall have multiple sets of science apparatus required to perform and ::: Downloaded on - 18/12/2018 22:55:15 :::HCHP 24 demonstrate the experiments prescribed in the syllabus for secondary/senior secondary classes. Chemicals, etc. should be provided in the required quantity.
b) There shall be a Psychology Laboratory with .
apparatus for simple experiments related to educational psychology intelligence tests (performance, verbal, nonverbal) aptitude tests, creativity tests, personality test, attitude test, interest inventories, etc.
c) There shall be hardware and software facilities for language learning.
d) There shall be an educational technology laboratory with hardware and software required for Information Technology (IT) literacy."
31 The terms and conditions of service of staff provided in Clause 9, which reads thus: "9.Terms and Conditions of Service of Staff
a) The appointment shall be made on the basis of recommendations of the Selection Committee constituted as per the policy of the Central / concerned State Government , whichever is applicable.
b) All appointments are to be made on fulltime and regular basis.
c) Government Institutions / Governmentaided institutions may make appointments on deputation or contract basis as an interim measure, in the absence of availability of suitable candidates recommended by appropriate bodies set up by the concerned government.
d)Appointment of parttime instructors and other staff can be made as per the norms of the concerned Government/ Affiliating University/UGC.
e)The academic and other staff of the institutions (including parttime staff) shall be paid such salary as may be prescribed by the concerned State Government/University from time to time.
::: Downloaded on - 18/12/2018 22:55:15 :::HCHP25
f)The management of the institution shall discharge the statutory obligations relating to pension, gratuity, provident fund, etc. for its employees.
g)The age of superannuation of staff shall be determined by the policy of the concerned .
Government/Affiliating University subject to maximum age not exceeding 65 years."
32 It would be noticed that as regards the infrastructural facilities it only provided that there should be adequate number of classrooms, halls, laboratory space for conducting instructional activities for approved intake of 100 students, separate rooms for the Principal, faculty members and for the administrative staff. The size of instructional spaces as was provided was not to be less than 10 sq. ft per student.
33 The NCTE (Recognition Norms & Procedure) Regulations, 2005 were issued vide notification dated 27.12.2005 and were published in Gazette of India (Extraordinary) PartIII, Section 4, dated 13.01.2006. These Regulations were called "The National Council for Teacher Education (Recognition Norms & Procedure) Regulations, 2005".
34 The regulation 8 whereof deals with the conditions for grant of recognition and clause 8(5) thereof provided as under: "5. No institution shall be granted recognition under these regulations unless it is in possession of required ::: Downloaded on - 18/12/2018 22:55:15 :::HCHP 26 land on the date of application. The land free from all encumbrances could be either on ownership basis or on lease for a period of not less than 30 years. In case where under relevant State / UT laws the maximum .
permissible lease period is less than 30 years, the State Government / UT Administration law shall prevail."
35 Appendix 7 to these regulations provided for norms and standards for Secondary Teacher Education Programme (B.Ed.) wherein Clauses 5 to 9, which are relevant for our purpose, read thus: "5. Qualifications of Teaching Staff
a) Principal/Head
i) Academic and professional qualification will be as prescribed for the post of Lecturer.
ii) Ten years experience of which at least five years should be in a secondary teacher education institution.
b)Lecturer Good academic record with M.Ed./M.A. (Education) with 55% marks.
OR Good academic record with Masters Degree with 55% marks in the relevant school subject and M.Ed./M.A. (Education) with 50% marks OR Good academic record with Masters Degree with 55% marks in the relevant school subject and a B.Ed. Degree with 55% marks, with five years teaching experience in a recognised secondary/senior secondary school. (This alternative qualification shall be applicable only in those States where prior to the establishment of the NCTE, the qualification for appointment of teachers in B.Ed. institutions was a Postgraduate Degree in a school subject with B.Ed.
::: Downloaded on - 18/12/2018 22:55:15 :::HCHP27 However, teachers appointed with this qualification will have to acquire M.Ed. qualification within five years).
c) A relaxation of 5% may be provided from 55% to 50% of the marks, at the Masters level for the SC/ST .
Category.
d)Apart from the qualifications prescribed at (a) and
(b) above, the candidates shall be required to have such other qualifications as may be prescribed by other regulatory bodies like the University Grants Commission (UGC), etc.
e) Qualifications for other academic staff for teaching physical education, art, work experience, information technology literacy, etc. shall be as prescribed by the concerned affiliating University/UGC.
6. Administrative Staff The administrative and other support staff may be provided as per the norms prescribed by the concerned State Government/ Affiliating University.
7. Infrastructural Facilities
a) There shall be provision for adequate number of classrooms, hall, laboratory space for conducting instructional activities for approved intake of 100 students, separate rooms for the principal, faculty members, office for the administrative staff and a store. The size of instructional spaces shall not be less than 10 sq. ft. per student
b) There shall be a library equipped with text and reference books related to the prescribed courses of study, educational Encyclopedia, year books, electronic publications (CDROMs) and journals on teacher education.
c) There shall be games facilities with a playground. Alternatively, the playground available with the attached school/college may be utilised and where there is scarcity of space as in metropolitan towns/hilly regions, facilities for yoga, indoor games may be provided.
d) To provide these facilities, the Management / Institutions shall, at the time of making application, have in its possession adequate land / land and building on ownership basis free from all encumbrances. Govt. land acquired on longterm ::: Downloaded on - 18/12/2018 22:55:15 :::HCHP 28 lease as per the law of the concerned State / UT will also be considered valid for the purpose. Pending construction of permanent building in the above land, the institution may provide these facilities in suitable temporary premises up to a maximum period of 3 years, before expiry of which the .
institution should shift to its permanent building.
8. Instructional Facilities
a) There shall be a science laboratory or alternatively, science laboratory of the attached school/college may be used. The laboratory shall have multiple sets of science apparatus required to perform and demonstrate the experiments prescribed in the syllabus for secondary/senior secondary classes.
Chemicals, etc. should be provided in the required quantity.
b) There shall be a Psychology Laboratory with apparatus for simple experiments related to educational psychology intelligence tests (performance, verbal, nonverbal) aptitude tests, creativity tests, personality test, attitude test, interest inventories, etc.
c) There shall be hardware and software facilities for language learning.
d) There shall be an educational technology laboratory with hardware and software required for Information Technology (IT) literacy.
9.Terms and Conditions of Service of Staff
a) The appointment shall be made on the basis of recommendations of the Selection Committee constituted as per the policy of the Central/ concerned State Government/,whichever is applicable.
b) All appointments are to be made on fulltime and regular basis.
c) Government Institutions/Governmentaided institutions may make appointments on deputation or contract basis as an interim measure, in the absence of availability of suitable candidates recommended by appropriate bodies set up by the concerned government.
::: Downloaded on - 18/12/2018 22:55:15 :::HCHP29
d)Appointment of parttime instructors and other staff can be made as per the norms of the concerned Government/ Affiliating University/UGC.
e)The academic and other staff of the institutions (including parttime staff) shall be paid such salary .
as may be prescribed by the concerned State Government/University from time to time.
f)The management of the institution shall discharge the statutory obligations relating to pension, gratuity, provident fund, etc. for its employees.
g)The age of superannuation of staff shall be determined by the policy of the concerned Government/Affiliating University subject to maximum age not exceeding 65 years.
36Appendix 4 annexed with these regulations provided for norms and standards for Secondary Teacher Education Programme leading to Bachelor of Education (B.Ed.) Degree and Clause 4 provided for Intake, Eligibility and Admission Procedure. It was provided that there would be basic unit of 100 students divided into two sections of 50 each for general sessions and not more than 25 students per teacher for a school subject for methods courses and other practical activities of the programme to facilitate participatory teaching and learning.
37 The requirement of Staff was dealt with in Clause 5, which reads thus:
5. Staff 4.1 Academic 4.1 a.(i) Number (For a basic unit of 100 students) ::: Downloaded on - 18/12/2018 22:55:15 :::HCHP 30 Principal/Head 1 Lecturers - 7 4.1 a.(ii) For additional intake will be in the multiple of 100 and the number of full time teacher educators shall be increased by seven for each increase in the basic unit. However on .
each occasion additional intake of one basic unit shall be considered.
4.1 a (iii) Appointment of teachers shall be such as to ensure the availability of expertise for teaching all foundation and methodology courses i.e. Arts, Science and Commerce stream.
4.1.b. Qualifications
(i) Principal/Head (in multifaculty institution):
(a) Academic and professional qualification will be as prescribed for the post of lecturer; and
(b) Five years experience of teaching in a Secondary Level Teacher Training Institution.
Note: In the event of nonavailability of eligible and suitable candidates for appointment as Principal/Head as per above eligibility criteria, it would be permissible to appoint retired Profession/Head in Education on contract basis for a period not exceeding one year at a time till such time the candidates complete 65 years of age.
(ii) Lecturer:
Master's Degree with M.Ed.
Or
Master's Degree with B.Ed (having 55% marks) Note: (I) Ph.D/M.Phil (preferably Ph.D. in Education/ Educational Planning and Management) shall be given special weightage.
(ii) Candidates having B.Ed. Degree of two years duration shall be given special weightage.
::: Downloaded on - 18/12/2018 22:55:15 :::HCHP
31
4.2 Technical Support Staff
(a) Number
Full time Teachers
.
(i) Art Education In the event of inadequate
(ii)Health and Physical work it would be
Education permissible to appoint part
(iii)Work Experience time teachers against
(iv) CT
(v)Librarian Full Time
(vi)Technical Assistant Full Time
(b) Qualifications
As prescribed by State Government / UT rAdministration concerned.
4.3 Administrative Staff
(a) Number
(i) OfficecumAccount Assistant - 1 (Regular)
(ii) Office AssistantcumTypist - 1 (Regular)
(iii) StoreKeeper - 1 (Regular)
(iv) Attendants/Helpers/Support staff - 2
(Regular)
(b) Qualifications
As prescribed by State Government/UT Administration concerned.
4.4 Terms and conditions of service
(a) The appointment shall be made on the basis of recommendations of the Selection Committee constituted as per the policy of the UGC/Affiliating University.
(b) All appointments are to be made on fulltime and regular basis excepting those specified as part time.
(c) Appointment of parttime instructors and other supporting staff shall be made as per norms of the concerned University/UGC.
::: Downloaded on - 18/12/2018 22:55:16 :::HCHP32
(d) The academic staff of the institutions (including parttime staff) shall be paid such salary in such scale of pay as may be prescribed by the UGC/University from time to time, through account payee cheque or as per advice into the bank account of employee specially opened for the .
purpose. The supporting staff shall be paid as per the UGC/State Government/Central Government pay scale structure.
(e) The management of the institution shall discharge the statutory duties relating to pension, gratuity, provident fund, etc. for its employees.
(f) The age of superannuation of staff shall be determined by the policy of concerned Government.
(g) The reservation for SC/ST/OBC and other categories shall be as per the rules of the Central Government/State Government.
As regards facilities, the same were also provided under Clause 5 and reads thus:
5. Facilities 5.1 Infrastructure 5.1.1 The institution must have at least 2500 sq. mtrs.
Land whereupon builtup area consisting of classrooms etc. shall not be less than 1500 sq. mtrs. Space in each instructional room shall be 10 sq. ft. per student.
38 Built up Area for running other courses in combination with B.Ed. Programme shall be as under: Only B.Ed. 1500 Sq. mts.
B.Ed. Plus M.Ed. 2000 Sq. mts.
B.Ed. Plus D.Ed. 2500 Sq. mts.
B.Ed. Plus D.Ed. and M.Ed. 3000 Sq. mts.
5.1.2.There shall be provision for not less than two classrooms, one multipurpose hall, three ::: Downloaded on - 18/12/2018 22:55:16 :::HCHP 33 laboratories for conducting instructional activities for approved intake of 100 students, seminar/tutorial rooms, resource room for the education of children with disability, separate rooms for the Principal, for the faculty members, for the office and the administrative staff and a store.
.
In every instructional room like classrooms, laboratories, library etc. space shall not be less than 10 sq. ft. per student. One classroom shall comfortably accommodate 50 student teachers. The Multipurpose Hall shall have a seating capacity for 150 persons. For additional intake proportional increase in the number of classrooms, tutorial rooms, etc. 5.1.3 There shall be games facilities with a playground.
Alternatively, the playground available with the attached school/college may be utilized and where there is scarcity of space as in the metropolitan towns/hilly regions, facilities for yoga, small court and indoor games may be provided.
5.1.4 Safeguard against fire hazard be provided in all parts of the building.
5.1.5 The institution campus, buildings, furniture etc. should be barrier free.
5.1.6 Hostel for boys and girls separately and some residential quarters are desirable.
5.2 Instructional
(a) The institution shall have easy access to sufficient number of recognized secondary schools within reasonable distance for field work and practice teaching related activities of the students teachers. A list of such schools shall be prepared. It is desirable that the institution has an attached school under its control
(b) There shall be a librarycumreading room with seating capacity for at least 25% students equipped with minimum 1000 titles and 3000 books including text and reference books relevant to the course of study, educational encyclopedias, year books, electronic publications (CD Roms) and minimum five journals of teacher education and ::: Downloaded on - 18/12/2018 22:55:16 :::HCHP 34 subscription to five others in related disciplines. The library holdings shall be augmented with addition of 200 titles annually. The library shall have photocopying facility and computer with internet facility for the use of faculty and student teachers.
.
(c) There shall be a science laboratory. The laboratory shall have multiple sets of science apparatus required to perform and demonstrate the experiments prescribed in the syllabus for secondary/senior secondary classes. Chemicals, etc. should be provided in the required quantity.
(d) There shall be a Psychology Laboratory with apparatus for simple experiments related to educational psychology.
(e) There shall be hardware and software facilities for rlanguage learning.
(f) There shall be Educational Technology facilities with hardware and software including computers, TV, Camera.
(g) The ICT like ROT (Received Only Terminal), SIT (Satellite Interlinking Terminal) etc. shall be desirable.
(h) There shall be a fully furnished work experience room.
5.3 Amenities 5.3.1 Functional and appropriate furniture in required number for instructional and other purposes.
5.3.2 The institution shall provide separate common rooms for male and female teacher educators/studentsteachers.
5.3.3 Sufficient number of toilets, separate for male and female, shall be made available for staff and students.
5.3.4 Arrangement may be made for parking of vehicles.
::: Downloaded on - 18/12/2018 22:55:16 :::HCHP35 5.3.5 Safe drinking water be provided in the institution.
5.3.6 Effective arrangement be made for regular cleaning of campus, water and toilet facilities, repair and replacement of furniture and other equipments.
.
39 However, it needs to be noticed that vide Clause 7, it was clearly provided that if more than one course in teacher education are run by the same institution in the same or adjacent building, the facilities of playground, multipurpose hall, library and laboratory (with proportionate addition of books and equipments) and instructional space can be shared.
40 As regards the norms and standards for Elementary Teacher Education Programme leading to Diploma in Education (D.Ed.), the same were issued in the year 2007.
The regulations of 2005 were thereafter superseded by the regulations of 2007 and in Appendix 2, norms and standards for Elementary Teacher Education Programme leading to Diploma in Education (D.Ed.) was provided for and under Clause 3 thereof it was provided that there would be basic unit of 50 students for each year. However, the provisions of staff were contained in Clause 4, which reads thus: "4.0 Staff 4.1 Academic 4.1.a (i) Number (For a basic unit of 50 students or less with combined strength of 100 or less for the 2 year course) ::: Downloaded on - 18/12/2018 22:55:16 :::HCHP 36 Principal 1 Lecturers - 5 4.1.a (ii) For additional intake which will be in the multiple of 50 students, the number of full time .
teacher educators shall be increased by three.
However on each occasion additional intake of one basic unit shall be considered.
4.1.a (iii) Appointment of teachers shall be such as to ensure the availability of expertise for all methodology courses and foundation courses.
4.1. ( b) Qualifications
(i) Principal
(a) Academic and professional qualification will be as prescribed for the post of lecturer; and
(b) 5 years' experience of teaching in an elementary teacher education institution.
(ii) Lecturer M.Ed.
Or M.A. (Education) with either B.Ed. or B.El.Ed. with 55% marks Or Masters degree in any subject with either D.Ed or B.El.Ed. with 55% of marks.
Note: Candidates having B.Ed degree of two years duration shall be given special weightage.
4.2 Technical Support Staff
(a) Number • Librarian 1 (fulltime) • Art (Fine Arts/performing Art/Music1 (Part time) • Health & Physical Education - 1 (Parttime) • Work experience 1 (Parttime)
(b) Qualifications ::: Downloaded on - 18/12/2018 22:55:16 :::HCHP 37 As prescribed concerned by State Government / UT Administration concerned.
4.3 Administrative Staff
(a) Number .
(i) UDC/Office Superintendent1 (Regular)
(ii) Computer OperatorcumStore keeper - 1 (Regular)
(iii) Helpers2 (Regular)
(b) Qualifications As prescribed by State Government/UT Administration concerned.
4.4 Terms and conditions of service
(h) The appointment shall be made on the basis of recommendations of the Selection Committee constituted as per the policy of the Central/concerned State Government/Board whichever is applicable.
(i) All appointments are to be made on fulltime and regular basis excepting those specified as parttime.
(j) Appointment of parttime instructors and other supporting staff shall be made as per norms of the concerned Government.
(k) The academic and other staff of the institutions shall be paid such salary as may be prescribed by the concerned Government by account payee cheque or as per advice into the bank account of the employee, specially opened for the purpose.
(l) The management of the institution shall discharge the statutory duties relating to pension, gratuity, provident fund, etc. for its employees.
(m)The age of superannuation of staff shall be determined by the policy of concerned Government.
(n) The reservation for SC/ST/OBC and other categories shall be as per the rules of the Central Government / State Government."
::: Downloaded on - 18/12/2018 22:55:16 :::HCHP38 41 As regards the facilities, the provision was contained in Clause 5, which reads thus: "5.0 Facilities .
5.1 Infrastructure 5.1.1 The institution must have at least 1500 sq. mts. land whereupon builtup area consisting of classrooms etc. shall not be less than 1000 sq. mts. Space in each instructional room shall be 10 sq.ft. per student.
Built up Area for running other courses in combination with D.Ed programme shall be as under: Only D.Ed. 1000 Sq mts.
B.Ed. plus D.Ed. 2500 Sq.mts.
B.Ed. plus D.Ed. and M.Ed. 3000 Sq.mts.
5.1.2 There shall be provision for two classrooms, one multipurpose hall, one multipurpose laboratory, seminar/tutorial rooms, resource room for education of children with disability, separate rooms for the Principal, for the faculty members, for the office and for the administrative staff and a store. Appropriate space shall be provided for Music, Art, Drama, Work Experience activities. For every instructional room like class rooms, laboratory, library etc. space shall not be less than 10 sq.ft. per student. Multipurpose hall shall have the seating capacity for 150 persons.
5.1.3. There shall be games facilities with a playground. Alternatively, the playground available with the attached school or local body may be utilized exclusively for fixed periods. Where there is scarcity of space as in metropolitan towns/hilly regions, facilities for small court games, yoga and indoor games may be provided.
5.1.4. Safeguard against fire hazard be provided in all parts of the building.
5.1.5. The institutional campus, building, furniture etc. should be barrier free.
5.1.6. Hostel for boys and girls separately and some residential quarters are desirable.
::: Downloaded on - 18/12/2018 22:55:16 :::HCHP39 5.2. Instructional
(a) The institution shall have easy access to sufficient number (510) of recognized schools for practice teaching. The school should be within the radius of 10 kms. of recognized elementary schools for field work and practice .
teaching related activities of student teachers. A list of such schools shall be prepared. It is desirable that it has an attached elementary school of its own.
(b) There shall be a multipurpose educational laboratory with psychology and science sections, and a workshop attached to it.
(c) The science section shall have the apparatus required to demonstrate all the experiments as per the syllabus of elementary schools.
(d) The psychology section shall have facilities for observation of children, counseling & guidance, Personality and Interest Inventories.
(e) There shall be hardware and software facilities for language learning.
(f) There shall be an Educational Technology laboratory with hardware for projection and duplication and educational software, required for imparting Information Technology (IT) literacy, including TV, Camera etc.
(g) ROT (Received Only Terminal) and SIT (Satellite Interlinking Terminal) shall be desirable.
(h) There shall be a library equipped with minimum 2000 titles including text and reference books related to the prescribed course of study, educational encyclopedias, year books, electronic publications (CD Roms) and five educational journals on elementary education and related subjects. It should be augmented with addition of 200 titles annually. The library shall have photocopying facility and computers with internet facility for the use of faculty and student - teachers.
(i) There shall be an Art and Music section, equipped with art paper, boards, brushes, colours etc. for visual art, simple musical instruments such as harmonium, tabla, flute, mridanga, other local popular instruments, ::: Downloaded on - 18/12/2018 22:55:16 :::HCHP 40 costumes and accessories for staging dance and drama performance, curtains and other accessories.
5.3.Amenities 5.3.1 Functional and appropriate furniture in required .
number for instructional and other purposes.
5.3.2 The institution shall provide separate common rooms for male and female teacher educators/students teachers.
5.3.3 Sufficient number of toilets, separate for male and female, shall be made available for staff and students.
5.3.4 Arrangement may be made for parking of vehicles. 5.3.5 Safe drinking water be provided in the institution. 5.3.6 Effective arrangement be made for regular cleaning of campus, water and toilet facilities, repair and replacement of furniture and other equipment."
42 Here again in Clause 7, it was clearly provided that if one or more than one courses in teacher education are run by the same institution, the same building, the facilities of playground, multipurpose hall, library and laboratory (with proportionate addition of books and equipments) and instructional space can be shared.
43 Likewise, the norms and standards of Secondary Teacher Education programme leading to Bachelor of Education Degree (B.Ed.) were contained in Appendix 4 of Regulations, 2007, wherein the duration of B.Ed. was stipulated to be of at least one year. It was provided that the basic unit would be of 100 students divided into two sections of 50 each for general sessions and not more than 25 students ::: Downloaded on - 18/12/2018 22:55:17 :::HCHP 41 per teacher for a school subject for methods courses and other practical activities of the programme to facilitate participatory teaching and learning.
.
44 As regards staff, the provisions thereof provided in Clause 5 which reads thus: "5. Staff 4.1 Academic 4.1 a.(i) Number (For a basic unit of 100 students) Principal/Head 1 Lecturers - 7 4.1. a.(ii) For additional intake will be in the multiple of 100 and the number of full time teacher educators shall be increased by seven for each increase in the basic unit. However on each occasion additional intake of one basic unit shall be considered.
4.1. a. (iii) Appointment of teachers shall be such as to ensure the availability of expertise for teaching all foundation and methodology courses i.e. Arts, Science and Commerce stream.
4.1.b. Qualifications
(i) Principal/Head (in multifaculty institution):
(a) Academic and professional qualification will be as prescribed for the post of lecturer; and
(b) Five years experience of teaching in a Secondary Level Teacher Training Institution.
Note: In the event of nonavailability of eligible and suitable candidates for appointment as Principal/Head as per above eligibility criteria, it would be permissible to appoint retired Professor/Head in Education on contract basis for ::: Downloaded on - 18/12/2018 22:55:17 :::HCHP 42 a period not exceeding one year at a time till such time the candidates complete 65 years of age.
(ii) Lecturer: Master's Degree with M.Ed.
.
Or Master's Degree with B.Ed (having 55% marks) Note:
(i) Ph.D/M.Phil (preferably Ph.D. in Education/Educational Planning and Management) shall be given special weight age.
(ii) Candidates having B.Ed. Degree of two years duration shall be given special weightage.
4.2 Technical Support Staff
(a) Number Full time Teachers
(i) Art Education In the event of inadequate
(ii) Health and Physical work it would be Education permissible to appoint
(iii) Work Experience part time teachers against
(iv) ICT
(v) Librarian Full Time
(vi) Technical Assistant Full Time
(b) Qualifications As prescribed by State Government/UT Administration concerned.
4.3 Administrative Staff
(a) Number
(i) OfficecumAccount Assistant - 1 (Regular)
(ii) Office AssistantcumTypist - 1 (Regular)
(iii) StoreKeeper - 1 (Regular)
(iv) Attendants/Helpers/Supportstaff-2 (Regular)
::: Downloaded on - 18/12/2018 22:55:17 :::HCHP
43
(b) Qualifications
As prescribed by State Government/UT Administration concerned.
4.4 Terms and conditions of service .
(a) The appointment shall be made on the basis of recommendations of the Selection Committee constituted as per the policy of the UGC/Affiliating University.
(b) All appointments are to be made on fulltime and regular basis excepting those specified as parttime.
(c) Appointment of parttime instructors and other supporting staff shall be made as per norms of the concerned University/UGC.
(d) The academic staff of the institutions (including part time staff) shall be paid such salary in such scale of pay as may be prescribed by the UGC/University from time to time, through account payee cheque or as per advice into the bank account of employee specially opened for the purpose. The supporting staff shall be paid as per the UGC/State Government/Central Government pay scale structure.
(e) The management of the institution shall discharge the statutory duties relating to pension, gratuity, provident fund, etc. for its employees.
f) The age of superannuation of staff shall be determined by the policy of concerned Government.
(g) The reservation for SC/ST/OBC and other categories shall be as per the rules of the Central Government/State Government."
45 The facilities to be provided by the institution were prescribed in Clause 5 which reads thus: "5. Facilities 5.1 Infrastructure ::: Downloaded on - 18/12/2018 22:55:17 :::HCHP 44 5.1.1 The institution must have at least 2500 sq. mts.
land whereupon builtup area consisting of classrooms etc. shall not be less than 1500 sq. mts. Space in each instructional room shall be 10 sq. ft. per student.
.
Built up Area for running other courses in combination with B.Ed. Programme shall be as under: Only B.Ed. 1500 Sq. mts.
B.Ed. Plus M.Ed. 2000 Sq. mts.
B.Ed. Plus D.Ed. 2500 Sq. mts.
B.Ed. Plus D.Ed. and M.Ed. 3000 Sq. mts.
5.1.2. There shall be provision for not less than two classrooms, one multipurpose hall, three laboratories for conducting instructional activities for approved intake of 100 students, seminar/tutorial rooms, resource room for the reducation of children with disability, separate rooms for the Principal, for the faculty members, for the office and the administrative staff and a store. In every instructional room like classrooms, laboratories, library etc. space shall not be less than 10 sq. ft. per student. One classroom shall comfortably accommodate 50 student teachers. The Multipurpose Hall shall have a seating capacity for 150 persons. For additional intake proportional increase in the number of classrooms, tutorial rooms, etc. 5.1.3 There shall be games facilities with a playground.
Alternatively, the playground available with the attached school/college may be utilized and where there is scarcity of space as in the metropolitan towns/hilly regions, facilities for yoga, small court and indoor games may be provided.
5.1.4 Safeguard against fire hazard be provided in all parts of the building.
5.1.5 The institution campus, buildings, furniture etc. should be barrier free.
5.1.6 Hostel for boys and girls separately and some residential quarters are desirable.
::: Downloaded on - 18/12/2018 22:55:17 :::HCHP45 5.2 Instructional
(a) The institution shall have easy access to sufficient number of recognized secondary schools within reasonable distance for field work and practice teaching related activities of the students teachers.
.
A list of such schools shall be prepared. It is desirable that the institution has an attached school under its control.
(b) There shall be a librarycumreading room with seating capacity for at least 25% students equipped with minimum 1000 titles and 3000 books including text and reference books relevant to the course of study, educational encyclopedias, year books, electronic publications (CD Roms) and minimum five journals of teacher education and subscription to five others in related disciplines. The library holdings shall be augmented with raddition of 200 titles annually. The library shall have photocopying facility and computer with INTERNET facility for the use of faculty and studentteachers.
(c) There shall be a science laboratory. The laboratory shall have multiple sets of science apparatus required to perform and demonstrate the experiments prescribed in the syllabus for secondary/senior secondary classes. Chemicals, etc. should be provided in the required quantity.
(d) There shall be a Psychology Laboratory with apparatus for simple experiments related to educational psychology.
(e) There shall be hardware and software facilities for language learning.
(f) There shall be Educational Technology facilities with hardware and software including computers, TV, Camera.
(g) The ICT like ROT (Received Only Terminal), SIT (Satellite Interlinking Terminal) etc. shall be desirable.
::: Downloaded on - 18/12/2018 22:55:17 :::HCHP46
(h) There shall be a fully furnished work experience room.
5.3 Amenities 5.3.1 Functional and appropriate furniture in required .
number for instructional and other purposes.
5.3.2 The institution shall provide separate common rooms for male and female teacher educators/studentsteachers.
5.3.3Sufficient number of toilets, separate for male and female, shall be made available for staff and students.
5.3.4 Arrangement may be made for parking of vehicles.
5.3.5 Safe drinking water be provided in the institution.
5.3.6 Effective arrangement be made for regular cleaning of campus, water and toilet facilities, repair and replacement of furniture and other equipments."
46 Here again Clause 7 clearly provided that if more than one courses in teacher education are run by the same institution in the same or adjacent building, the facilities of playground, multipurpose hall, library and laboratory (with proportionate addition of books and equipments) and instructional space can be shared.
47 However, the Regulations of 2007 were superseded by Regulations of 2009 which were issued vide notification dated 31.08.2009.
::: Downloaded on - 18/12/2018 22:55:17 :::HCHP47 48 Appendix 2 of the Regulations, 2009 prescribed the norms and standards for Elementary Teacher Education Programme leading to Diploma in Elementary Education .
(D.El.Ed.) wherein it was provided that the basic unit was of 50 students for each year, whereas Clause 4 provides for the staff, which reads thus: "4 Staff (I) Academic
(i) Number (For a basic unit of fifty students or less with combined strength of one hundred or less for the two year course) Principal One Lecturers Six
(ii) For additional intake of fifty students, the additional staff shall comprise five full time lecturers, one Library Assistant and one Office Assistant. However, on each occasion additional intake of one basic unit shall be considered and the total number of students combined for all teacher education courses shall not exceed three hundred.
(iii) Appointment of teachers shall be such as to ensure the availability of expertise for all methodology courses and foundation courses.
(II) Qualifications
(i) Principal
(a) Academic and professional qualification will be as prescribed for the post of lecturer; and
(b) Five years' experience of teaching in primary or elementary teacher education institution.
(ii) Lecturer
::: Downloaded on - 18/12/2018 22:55:17 :::HCHP
48
(a) Foundation Courses One
A. Essential
M.Ed./M.Ed. (Elementary) with fifty five percent marks.
.
Or M.Ed./M.Ed. (Elementary) with fifty five percent marks.
Or M.A. in Education with fifty five percent marks and Diploma/Degree in primary/ Elementary Education with 55% marks.
B Desirable
purpose.
r to
Proficiency in the use of ICT for educational
(b) Methodology Courses A Essential Master's degree in any school teaching subject with fifty five percent marks and Diploma/Degree in Education/Primary Education with fifty five percent marks.
B Desirable
(i) Diploma / Degree in Elementary Education
shall be preferred.
(ii) Proficiency in the use of ICT for educational purpose.
(c) Lecturer in Fine Arts/Performing Arts
One
A Essential
Post graduation in Fine Arts/Music/Dance with fifty five percent marks.
B Desirable
Degree/Diploma in Education
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49
(d) Health & Physical Education Instructor
One
Essential
.
Masters degree in physical Education (M.P.Ed.) with fifty five percent marks.
Desirable Degree in CEC/Education At least one lecturer should possess formal qualification in computer science / Applications besides the prescribed academic and professional qualifications.
(e)
r Librarian One (Full time)
Bachelor degree in Library and Information Science with fifty five percentage marks.
(III) Administrative Staff
(a) Number
(i) UDC/Office Superintendent One (Regular)
(ii) Computer Operatorcum Store keeper One (Regular)
(b) Qualifications As prescribed by State Government/UT Administration concerned.
(IV) Terms and conditions of service
(a) The appointment shall be made on the basis of recommendations of the Selection Committee constituted as per the policy of the Central/concerned State Government/Board whichever is applicable
(b)All appointments are to be made on fulltime and regular basis.
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(c) Appointment of staff shall be made as per norms of the concerned Government.
(d) The academic and other staff of the institutions shall be paid such salary as may be prescribed by the concerned Government for equivalent posts in .
the state education system by account payee cheque or as per advice into the bank account of the employee, specially opened for the purpose.
(e) The management of the institution shall discharge the statutory duties relating to pension, gratuity, provident fund, etc. for its employees.
(f) The age of superannuation of staff shall be determined by the policy of concerned Government.
(g) The reservation for SC/ST/OBC and other categories shall be as per the rules of the Central r Government/State Government."
49 As regards the provisions of facilities, the same were contained in Clause 5 and read thus: "5. Facilities (1) Infrastructure
(a) The institution shall possess 2500 sq. mts. (two thousand five hundred square meters) of exclusive well demarcated land for the initial intake of fifty students out of which 1500 sq.mts. (one thousand five hundred square meters) shall be the built up area and the remaining space for lawns, playfields etc. For an additional intake of fifty students or part thereof it shall possess additional land of 500 sqm. (five hundred square meters). For an annual intake beyond two hundred and upto three hundred, it shall possess land of 3000 sqm. (three thousand square meters). For the institutions established prior to this Regulation, for an additional intake of fifty, the built up area is to be increased by 500 sqm. (five hundred square meters) and requirement of additional land may not apply to them. Total intake capacity of an institution taking into account all the teacher education courses together must not exceed three hundred. However, Physical teacher ::: Downloaded on - 18/12/2018 22:55:18 :::HCHP 51 education courses are to be offered in a separate campus.
(b) Built up Area for running other courses in combination with D.El.Ed. programme shall be as under: .
Built up Land Area
area (in (in sqm.)
sqm)
D.El..Ed. 1500 2500
D.El.Ed. plus B.Ed. 3000 3000
D.E.C. Ed. Plus D.El. Ed. 2500 3000
D.El. Ed. Plus B.Ed. Plus 3500 3500
M.Ed.
D.El.Ed plus D.E.C. Ed. 4000 4000
plus B. Ed plus M.Ed
Additional intake of one unit of D.Ed.Ed. will require additional built up area of 500 sqm. (five hundred square metres).
(c) The institution must have the following infrastructure:
(i) Two classrooms.
(ii) Multipurpose Hall with seating capacity of two hundred with dais with total area of 2000 sq. ft (two thousand square feet).
(iii) LibrarycumReading Room
(iv)Resource Centre for ET/ICT
(v) Psychology Resource Centre
(vi) Arts and Craft Resource Centre
(vii) Health and Physical Education Resource Centre
(viii) Science and Mathematics Resource Centre
(ix) Principal's Office
(x) Staff Room
(xi) Administrative Office
(xii) Store Rooms (Two)
(xiii) Girls Common Room
(xiv) Canteen
(xv) Visitors Room (xvi) Separate Toilet Facility for Boys and Girls (xvii) Parking Space (xviii) Open space for lawns, gardening activities, etc. ::: Downloaded on - 18/12/2018 22:55:18 :::HCHP 52 (xix) Store Room (xx) Multipurpose play field
(d) There shall be games facilities with a play ground. Alternatively, the playground available with the attached school or local body may be utilized exclusively for fixed .
periods. Where there is scarcity of space as in metropolitan towns/hilly regions, facilities for small court games, yoga and indoor games may be provided.
(e) Safeguard against fire hazard be provided in all parts of the building.
(f) The institutional campus, building, furniture etc. should be barrier free.
r to
(g) Hostel for boys and girls separately and some residential quarters are desirable.
(h) The institutional campus, building furniture etc. should be disabled friendly.
(2) Instructional
(a) The institution shall have easy access to sufficient number of recognized elementary schools for field work and practice teaching related activities of student teachers. It is desirable that it has an attached primary school of its own. The institution shall furnish undertaking from the schools wiling to provide facilities for practice teaching.
(b) The institution shall establish Learning Resource Centres as given in 5.0(1)(b) wherein teachers and students have access to a variety of materials and resources to support and enhance the teachinglearning process. These should include:
(i) Books, journals and magzines
(ii) Children's books
(iii) Audiovisual equipment TV, OHP, DVD player,
(iv) Audiovisual aids, video - audio tapes, slides, films,
(v) Teaching aids - charts, pictures,
(vi)Developmental assessments check lists and measurement tools,
(vii) Photocopying machine.::: Downloaded on - 18/12/2018 22:55:18 :::HCHP
53 Note:While developing the resource centres, the institutions are advised to consult the 'Manual for Teacher Education Institutions' brought out by NCTE.
(c) Equipment and Materials for different activities .
(i) TeachingLearning Material and Aids The equipment and materials should be suitable and sufficient in quality and quantity for the variety of activities planned in the programme. These include the following: Educational kits, models, play materials, simple books on different topics (songs, games, activities, and worksheet), puppets, picture books, photographs, blowups, charts, maps flash cards, handbooks, pictures, pictorial representations of developmental characteristics of children.
(d) Equipment, Tools, Raw material for teaching aids, play material and Arts and Crafts Activities.
One set of wood working tools, one set of gardeners' tools, raw materials and equipment required for toy making, doll making, tailoring, dress designing, puppetry, material for preparation of charts, models and other practical activities to be done by the student teacher - art material, waste material, stationery (chart paper, mount board etc.), tools like scissors, scales etc., cloth.
(e) Audio Visual Equipment As mentioned in 5.0(1)(f), Hardware for projection and duplication and educational software facilities including TV, DVD Player, slide projector, blank audio video cassettes, videoaudio tapes, slides, films, charts, pictures, ROT (Receive Only Terminal) and SIT (Satellite Interlinking Terminal) would be desirable.
(f) Musical instruments Simple musical instruments such as Harmonium, Tabla, Flute, Manjira and other indigenous instruments.
(g) Books, Journals and Magazines ::: Downloaded on - 18/12/2018 22:55:18 :::HCHP 54 A minimum of one thousand books on relevant subjects should be available during the first year of establishment of the institution and one hundred standard books be added every year. The collection of books should include children's encyclopedias, dictionaries, reference books, books on professional education, teachers' handbooks, .
books on and for children (including comics, stories, picture books/albumbs, and poems) and the books published and recommended by NCTE. The institution should subscribe to the journals published by NCTE at least three other journals in the field of Education.
(h) Games and Sports Adequate games and sports equipment for common indoor and outdoor games should be available.
r3. Amenities
(i) Functional and appropriate furniture in required number for instructional and other purposes.
(ii) The institution shall provide separate common rooms for male and female teacher educators/studentsteachers.
(iii) Sufficient number of toilets, separate male and female, shall be made available for staff and students.
(iv) Arrangement may be made for parking of vehicles.
(v) Safe drinking water be provided in the institution
(vi) Effective arrangement be made for regular cleaning of campus, water and toilet facilities, repair and replacement of furniture and other equipment.
(vii) The institution's campus building, facility etc. should be disabled friendly."
50 Here again Clause 7(a) prescribes that if more than one course in teacher education are run by the same institution in the same campus, the facilities of playground, multipurpose hall, library and laboratory (with proportionate ::: Downloaded on - 18/12/2018 22:55:18 :::HCHP 55 addition of books and equipments) and instructional space can be shared. Not only this, the institution could have one Principal for entire institution and common Heads for different .
teacher education programmes offered in the institution.
51 Noticeably, this was the first time that the regulations provided for the details of the infrastructure in Clause 5 as reproduced above, but unfortunately the regulations nowhere provided for the minimum area required for the infrastructures so specified.
52 Appendix 4 of the Regulations, 2009, contained the norms and standards for Bachelor of Education Programme leading to Bachelor of Education (B.Ed.) Degree, the duration thereof again was at least of one academic year or two semesters.
53 The basis unit was to be that of 100 students divided into two sections of fifty each for general sessions and not more than twenty five students per teacher for a school subject for methodology courses and other practical activities of the programme to facilitate participatory teaching and learning.
54 Clause 4 thereof related to staff and reproduced as under: "4 Staff (I) Academic ::: Downloaded on - 18/12/2018 22:55:18 :::HCHP 56
(i) Number (For a basic unit of hundred students) Principal One Lecturers Seven .
(ii) For additional intake will be in the multiple of one hundred and the number of full time teacher educator shall be increased by seven for each increase in the basic unit. However, on each occasion additional intake of one basic unit shall be considered. Also maximum intake capacity of a teacher training institution taking all teacher education courses together shall not exceed three hundred.
(iii) Appointment of teachers shall be such as to ensure the availability of expertise for teaching all foundation and methodology courses.
(II) Qualifications
(i) Principal/Head (in multifaculty institution):
(a) Academic and professional qualification will be as prescribed for the post of lecturer; and
(b) Ph.D in Education.
(c) Ten years teaching experience out of which at least five years teaching experience in Secondary Teacher Education Institution.
Note: In the even of nonavailability of eligible and suitable candidates for appointment as Principal/Head as per above eligibility criteria, it would be permissible to appoint retired Professor/Head in Education on contract basis for a period not exceeding one year at a time till such time the candidates complete 65 years of age.
(ii) Lecturer
(a) Foundation Courses One
(i) Master's Degree in science/humanities/arts with fifty percent marks.
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(ii) M.Ed. with at least fifty five percent marks or its equivalent grade and
(iii) Any other stipulation prescribed by the UGC/ affiliating body/ State Govt. from time to time for .
the positions of principal and lecturers shall be mandatory.
OR
(i) M.A. in Education with fifty five percent marks or its equivalent grade
(ii) B. Ed. With at least fifty five percent marks and
(iii) Any other stipulation prescribed by the UGC / affiliating body / State Govt. from time to time for the position of principal and lecturers shall be mandatory.
r (b) Methodology Courses Six (I) Master's degree in a school subject with fifty five percent marks
(ii) M.Ed. Degree with at least fifty five percent marks or its equivalent grade and
(iii) Any other stipulation prescribed by the UGC / affiliating body / State Govt. from time to time for the position of principal and lecturers shall be mandatory.
(c) Lecturer in Fine Arts/Performing Arts One (Fine Arts/Performing Art) (Part time) Master's degree in Fine Arts / Music fifty five percent marks.
(d) Director of physical Education (D.P.E.) One (Part time) Master's degree in physical Education with fifty five percent marks.
::: Downloaded on - 18/12/2018 22:55:19 :::HCHP58 Note: (1) At least one lecturer should have specialization in ICT and another in the special education.
(III) Technical Support Staff
.
(e) Librarian One
Bachelor's degree in Library and Information Science (with fifty five percent marks).
(IV) Supporting Staff
(a) Number
(i) OfficecumAccount Assistant One
(ii) Office Assistantcum
computer Operator One
(iii) StoreKeeper One
r (iv) Technical Assistant/
computer assistant One
(v) Lab attendants/Helper/
Support staff Two
(b) Qualifications
As prescribed by State Government/UT Administration concerned.
(IV) Terms and conditions of service
(a) The appointment of these positions shall be made on the basis of recommendations of the Selection Committee constituted as per the policy of the UGC/the Affiliating University/Affiliating Body.
(b) All appointments are to be made on fulltime and regular basis excepting those specified as part time.
(c) Appointment of parttime instructors and other supporting staff shall be made as per norms of the concerned University/UGC.
(d) The academic and other staff of the institution (including parttime staff) shall be paid such salary in such scale of pay as may be ::: Downloaded on - 18/12/2018 22:55:19 :::HCHP 59 prescribed by the UGC/University from time to time, through account payee cheque or as per advice into the bank account of employee specially opened for the purpose. The supporting staff shall be paid as per the UGC/State Government/Central Government pay scale structure.
.
(e) The management of the institution shall discharge the statutory duties relating to pension, gratuity, provident fund, etc. for its employees.
(f) The age of superannuation of staff shall be determined by the policy of concerned Government.
(g) The reservation for SC/ST/OBC and other categories shall be as per the rules of the Central Government/State Government."
55 As regards facilities to be provided by the institution,the same were contained in Clause 5, which reads thus: "5. Facilities (I) Infrastructure
(a) The institution shall possess 2500 sq. mts. (two thousand five hundred square meters) of exclusive well demarcated land for the initial intake of one hundred students out of which 1500 sq.mts. (one thousand five hundred square meters) shall be the built up area and the remaining space for lawns, playfields etc. For an additional intake of one hundred students or part thereof it shall possess additional land of 500 sqm. (five hundred square meters). For an annual intake beyond two hundred and upto three hundred, it shall possess land of 3500 sqm. (three thousand square meters). For the institutions established prior to this Regulation, for an additional intake of one hundred students, built up area is to be increased by 500 sqm (five hundred square meters) and requirement of additional land may not apply to them. Total intake capacity of an institution taking into account all the teacher education courses together must not exceed three hundred students. Separate land and built up area is required for physical teacher education courses.
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(b) Built up Area for running other courses in combination with B.Ed. programme shall be as under: Built up area Land Area (in sqm) (in sqm.) .
B.Ed. 500 2500
D.E.C. Ed. Plus B.Ed. 2500 3000
D.El.Ed. plus B.Ed. 3000 3000
B.Ed. Plus M.Ed. 2000 3000
D.E.C. Ed plus B. Ed plus 3000 3500
M.Ed
D.El.Ed plus B.Ed plus 3500 3500
M.Ed
D.El.Ed. plus D.E.C.Ed. 4000 4000
Plus B.Ed. Plus M.Ed.
Additional intake of one unit of B.Ed will require additional built up area of 500 sqm. (five hundred square metres).
(iii) Facilities The institution must have the following infrastructure:
(a) Two classrooms.
(b) Multipurpose Hall with seating capacity of 200 and a dais 2000 sq. ft)i
(c) LibrarycumReading Room
(d) ICT Resource Centre
(e) Psychology Resource Centre
(f) Arts and Craft Resource centre
(g) Health and Physical Education Resource Centre
(h) Science and Mathematics Resource Centre
(i) Principal's Office
(j) Staff Room
(k) Administrative Office
(l) Visitors Room
(m) Girls Common Room.
(n) Seminar Room
(o) Canteen
(p) Separate Toilet Facility for Boys and Girls
(q) Parking Space ::: Downloaded on - 18/12/2018 22:55:19 :::HCHP 61
(r) Store Rooms (Two)
(s) Multipurpose Playfield
(t) Open space for Additional Accommodation
(iv) There shall be games facilities with a play ground. Where there is scarcity of space as in metropolitan .
towns/hilly regions, facilities for yoga, small court and indoor games may be provided.
(v) Safeguard against fire hazard be provided in all parts of the building.
(vi) The institutional campus, building, furniture etc. should be barrier free.
(vii) Hostel for boys and girls separately and some residential quarters are desirable.
(2) Instructional
(a) The institution shall have easy access to sufficient number of recognized secondary schools with reasonable distance for field work and practice teaching related activities of student teachers. The institution shall furnish undertaking from the schools that they are wiling to provide facilities for practice teaching. Not more than ten and twenty students teachers shall be attached with a school having pupil strength up to 1000 (one thousand) and 2000 (two thousand) respectively. It is desirable that the institution has an attached school under its control.
(b) There shall be a librarycumreading room with seating capacity for at least fifty percent students equipped with minimum 1000 (one thousand) titles and 3000 (three thousand) books including text and reference books relevant to the course of study, educational encyclopedias, Year books, ELECTRONIC Publications (CDROMs) and Minimum five journals of education and subscription to five others in related disciplines. The library holdings shall be augmented with addition of two hundred titles annually including books and journals published and recommended by NCTE. The library shall have photocopying facility and computer with internet facility for the use of faculty and studentteachers. Except in the case of textbooks and reference books there shall not more than there multiple copies of each titles.
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(c) There shall be a Teaching Learning Resource Centre for Science and mathematics. It shall have multiple sets of science apparatus required to perform and demonstrate the experiments prescribed in the syllabus for secondary/senior secondary classes. Chemicals, etc. should be provided in the required quantity.
.
(d) There shall be a Psychology Resource Centre with apparatus for simple experiments related to educational psychology.
(e) There shall be ICT facilities with hardware and software including computers, TV camera. The ICT equipment like ROT (Receive Only Terminal), SIT (Satellite Interlinking Terminal) etc. r to
(f) There shall be a fully furnished Teaching Learning Resource Centre for Arts and Work Experience.
(g) Games and sports equipments for common indoor and out door games should be available.
Note: While developing the resource centres, the institutions are advised to consult the 'Manual for Teacher Education Institutions' brought out by NCTE.
3. Amenities
(a) Functional and appropriate furniture in required number for instructional and other purposes.
(b) The institution shall provide separate common rooms for male and female teacher educators/studentsteachers.
(c) Sufficient number of toilets, separate male and female, shall be made available for staff and students.
(d) Arrangement may be made for parking of vehicles.
(e) Safe drinking water be provided in the institution
(f) Effective arrangement be made for regular cleaning of campus, water and toilet facilities, repair and replacement of furniture and other equipment.
::: Downloaded on - 18/12/2018 22:55:19 :::HCHP63 56 Here again Clause 7 of the Regulations clearly provided that if more than one course in teacher education is being run in the same campus, then entire infrastructural .
requirements in fact are verbatim the same as that of Appendix 2 relating to D.El.Ed.
57 Likewise, even though the infrastructure has been spelt out in 5(1)(iii), however, in the case of D.El.Ed. the size of such infrastructure has not been spelt out.
58 At this stage, it needs to be noticed that the Western Regional Committee of the NCT had, during its 104 th 109th meetings held in 2008 given, recognition to 291 Colleges of Maharashtra for starting the Diploma in Education (D.Ed.) programme in spite of the explicit recommendations of the Government of Maharashtra that the State did not require more D.Ed. Institutions due to limited employment opportunities for the graduates of this programme. When the matter came before the Hon'ble Bombay High Court (Nagpur Bench) in a Public Interest Litigation, it quashed the aforesaid order of the WRC, vide its order dated 07.01.2009, on the ground that the recognition had been granted in breach of the directions issued by the Central Government under Section 29 of the NCTE Act.
59 However, the order passed by the Bombay High Court (Nagpur Bench) was assailed before the Hon'ble Supreme ::: Downloaded on - 18/12/2018 22:55:19 :::HCHP 64 Court in SLPs (C) Nos. 4247 and 4248 of 2011. The Hon'ble Supreme Court allowed the institutions recognised by the WRC to admit students to the D.Ed. Course taking the view that the .
issues raised in these SLPs were of 'considerable public importance'. It was during the hearing of the SLPs that the Hon'ble Supreme Court appointed a High Powered Commission to examine the entire gamut of issues which have a bearing on improving the quality of teacher education as well as improving the regulatory functions of the NCTE. This Commission was headed by Hon'ble Justice J.S. Verma, former Chief Justice of India and there were seven other members of the Commission. The Terms of Reference of the Commission were as under: " Terms of Reference The ToRs of the Commission are as follows:
(a) Whether in the context of the provisions of the Right of Children to Free and Compulsory Education Act, 2009 the Regulations on Recognition Norms and Procedure that lay down the norms and procedure for various teacher education courses which are adopted by the NCTE are adequate or need review.
(b) Whether further reforms are necessary to improve quality of teacher training and inservice training.
(c) To review whether the Regulations on Recognition Norms and Procedure, currently in force as laid down by the NCTE are being properly enforced. If not, how to evolve a fair and transparent manner in which these norms and standards may be enforced.
(d) To review the existing practice of appointment of members to the NCTE and the Regional Committees of ::: Downloaded on - 18/12/2018 22:55:20 :::HCHP 65 NCTE and recommend measures to ensure that a transparent process in which the appointments to the NCTE are undertaken, so that the NCTE discharges its crucial role in providing vision and direction in the functioning of the NCTE.
.
(e) To evolve standards and norms for evaluating teacher performance and audit of teachers.
(f) To review whether the present provisions empowering withdrawal of recognition of institutions are adequate.
(g) To determine what the methodology should be to examine/enforce quality in teacher training institutions.60
Institutions."
r to
(h) To review whether the 291 institutions in the Wester Region qualify to be recognized as Teacher Training In terms of the aforesaid reference, Justice Verma Commission had made recommendations with reference to (i) Revision of the extant regulation on recognition norms and procedure and (ii) monitoring and inspection of teacher education institutions under Sections 13, 14, 15 and 17 of the NCTE Act, 1993.
61 The recommendations made by Justice J. S. Verma were considered by the Hon'ble Supreme Court on 10.10.2012 and accepted in toto.
62 The Hon'ble Supreme Court was of the view that the report of Justice Verma Commission deserves to be accepted and, therefore, directed the Government of India and NCTE to indicate the steps proposed to be taken for ::: Downloaded on - 18/12/2018 22:55:20 :::HCHP 66 implementation of the recommendations made by the Commission vide order dated 10.10.2012. Accordingly, a plan of action with a time frame was submitted to the Hon'ble .
Supreme Court in the shape of an affidavit of NCTE and the Government of India, which was placed before the Hon'ble Supreme Court on 28.02.2013. It was in this background, that the NCTE in its 30th meeting held on 24.05.2013 decided to constitute a committee for reviewing its existing regulatory functions regarding grant of recognition and related functions and accordingly nine members Committee was constituted. The Terms of Reference for the Committee set up for revision of the National Council for Teacher Education (Recognition Norms & Procedure) Regulations 2009, were as under: "(i) The draft Regulations, 2012 prepared by the erstwhile NCTE Committee to make suitable modifications to those draft Regulations as deemed necessary to meet the objectives of NCTE, keeping in view the following:
(a) NCTE Act, 1993
(b) The recommendations of the Justice Verma Commission.
(c) The demand for teacher education institutions and courses in the light of the RTE Act, 2009.
(d) The discussions in the NCTE
(e) Directions of the Hon'ble Courts from time to time.
(f) The experience of the NCTE with the implementation of the Regulations.
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(ii) The Rules and Regulations for smooth implementation of Sections 13, 17 & 18 of the NCTE Act, 1993 in pursuance of the recommendations of the Justice Verma Commission.
.
(iii) The issue of revision/formulation of NCTE (number of persons to be nominated to Regional Committee, their terms of office and allowance payable) Regulations 1995 (as amended from time to time) in pursuance of the JVC recommendations.
(iv) To prepare draft Regulations for Recognition, Norms and Procedures of Innovative Programmes keeping in view the following:
(a) The present guidelines of innovative programmes and NCTE's experience in operationalization of the same.
(b) The Draft Regulations on Innovative Programmes proposed by NCTE and the decision of the NCTE Committee in its meeting held from 20th to 24th April, 2013.
(v) To prepare draft regulations to encourage Innovative Programmes and to mainstream them."
63 When the matter came up before the Hon'ble Supreme Court subsequently on 06.08.2013, it was made clear that the recommendations which may be made by the sub group constituted by the Central Government for giving effect to the recommendations of the Justice Verma's Commission would be binding on the Government of India and the ::: Downloaded on - 18/12/2018 22:55:20 :::HCHP 68 Governments of all the States and Union Territories as also on the NCTE and University Grants Commission and all of them shall implement the same without any objection and without .
modifying the same.
64 It was probably in light of such recommendations, as represented by the learned counsel for the NCTE, that the regulations of 2009 (supra) were superseded by the regulations of 2014.
65 Regulation 8 thereof deals with conditions for grant of recognition and reads thus: "8. Conditions for grant of recognition. (1) New Teacher Education Institutions shall be located in composite institutions and the existing teacher education institutions shall continue to function as standalone institutions; and gradually move towards becoming composite institutions.
(2) An institution shall fulfill all the conditions pertaining to norms and standards for conducting the programme or training in teacher education. These norms, inter alia, prove conditions relating to financial resources, accommodation, library, laboratory, other physical infrastructure, qualified staff including teaching and non teaching personnel.
(3) An institution which has been recognised by the Council shall obtain accreditation from an accrediting agency approved by Council within five years of such recognition.
(4)(i) No institution shall be granted recognition under these regulations unless the institution or society sponsoring the institution is in possession of required land on the date of application. The land free from all encumbrances could be either on ownership basis or on ::: Downloaded on - 18/12/2018 22:55:20 :::HCHP 69 lease from Government or Government institutions for a period of not less than thirty years. In cases where under relevant State or Union Territory laws the maximum permissible lease period is less than thirty years, the State Government or Union Territory administration law shall prevail and in any case no building shall be taken .
on lease for running any teacher training programme.
(ii) The society sponsoring the institution shall have to ensure that proposed teacher education institution has a well demarcated land area as specified by the norms.
(iii) The society sponsoring the institution shall be required to transfer and vest the title of the land and building in the name of the institution within a period of six months from the date of issue of formal recognition order under subregulation (16) of regulation 7. However, in case, the society fails to do so due to local laws or rules or bye laws, it shall intimate in writing with documentary evidence of its inability to do so. The Regional Office shall keep this information on record and place it before the Regional Committee for its approval.
(5) The institution or society shall furnish an affidavit on Rs.100 stamp paper duly attested, by Oath Commissioner or Notary Public stating the precise location of the land (Khasra number, village, district, state, etc.), the total area in possession and the permission of the competent authority to use the land for educational purposes and mode of possession, i.e., ownership or lease. In case of Government institutions, the said affidavit shall be furnished by the Principal or the Head of the Institution or any other higher authority. The affidavit shall be accompanied with the certified copy of land ownership or lease documents issued by the registering authority or civil authority, permission of the competent authority to use the land for educational purposes ( and approved building plan) as per provision contained in subregulation (4) of the Regulation 5.
(6) The copy of the affidavit shall be displayed by the institution on its official website. In case, the contents of the affidavit are found to be incorrect or false, the society or trust or the institution concerned shall be liable for civil and criminal action under the relevant provisions of the Indian Penal Code and other relevant laws, and shall also ::: Downloaded on - 18/12/2018 22:55:20 :::HCHP 70 be liable for withdrawal of recognition by the Regional Committee concerned.
(7) At the time of inspection, the building of the institution shall be complete in the form of a permanent structure on .
the land possessed by the institution, equipped with all necessary amenities and fulfilling all such requirements as prescribed in the norms and standards. The applicant institution shall produce the original completion certificate issued by the competent authority, approved building plan in proof of the completion of building and built up area and other documents to the visiting team for verification. No temporary structure or asbestos roofing shall be allowed in the institution, even if it is in addition to the prescribed built up area.
(8) At the time of inspection for new programme or enhancement of intake, visiting team shall also verify the facilities for existing teacher education programmes already accorded recognition by the Council and ascertain the fulfillment and maintenance of regulations and norms and standards for the existing programmes as well.
(9) In case of change of premises, prior approval of the Regional Committee concerned shall be necessary, which may be accorded after due inspection of the institution at the new site. Application or change of premises, in the specified formal alongwith the processing fee and other relevant documents shall be submitted by the institution online to the Regional Office for prior approval of change of premises. The change may be permitted to a site which, if applied initially, would have qualified for establishment of an institution as per specified norms of Council. The change shall be displayed on website thereafter.
(10) The university or examining body shall grant affiliation only after issue of the formal recognition order under subregulation (16) of regulation 7 and admission by the institution shall be made only after affiliation by the university or affiliating body.
(11) Whenever there are changes in the norms and standards for a programme in teacher education, the institution shall comply with the requirements laid down in the revised norms and standards immediately.
::: Downloaded on - 18/12/2018 22:55:20 :::HCHP71 However, the revised land area related norms shall not be applicable to the existing institutions, but the required built up area shall have to be increased by existing institutions to conform to the revised norms and the institutions not having land area as per the revised norms, shall not be allowed to expand by way of .
additional programmes or additional intake.
(12) The institution shall make the information or documents available to the Council or its authorised representatives as and when required by them and failure to produce or show any of the required documents, shall be treated as a breach of the conditions of recognition.
(13) The institution shall maintain records, registers or other documents, which are essential for running an educational institution especially those prescribed under the relevant rules or regulation and norms and standards and guidelines or instructions of the Central or State or Union Territory administrations, affiliating or examining bodies.
(14) The institution shall adhere to the mandatory disclosure in the prescribed format and display uptodate information on its official website."
66 Appendix 2 of the regulations lays down the norms and standards of Elementary Teacher Education Programme leading to Diploma in Elementary Education (D.El.Ed.). It is prescribed in Clause 3 that the basic unit shall be of 50 students and two basic units would be permissible initially.
However, Government Institutions could be sanctioned a maximum intake of four units subject to fulfillment of other conditions.
::: Downloaded on - 18/12/2018 22:55:20 :::HCHP72 67 The norms regarding staff are contained in Clause 5, which read thus: "5. Staff .
5.1 Academic Faculty For an intake of up to two basic units of 50 students each, the faculty strength shall be 16. The Principal or HoD is included in the faculty. The distribution of faculty across subject areas may be as under:
1. Principal/HoD One
2. Perspectives in Education/Foundations Three of Education
3.Science Two
4. Humanities & Social Sciences Two
5. Mathematics Two
6. Languages Three
7. Fine Arts/Performing Arts Two
8. Health and Physical Education One Note: (i) If the students' strength for two years is one hundred only, the number of faculty shall be reduced to 8.
The faculty in specialised areas and some of the pedagogie courses can be shared with the other teacher education programmes.
(ii) Faculty can be utilized for teaching in a flexible manner so as to optimize academic expertise available.
5.2 Qualifications (A) Principal/HoD
(i) Postgraduate degree in Science/Social Sciences/Arts/ Humanities with minimum 55% marks and M.Ed./MA (Education)/M.El.Ed. with minimum 50% marks.
(ii) Five years teaching experience in a Teacher Education Institution.
::: Downloaded on - 18/12/2018 22:55:21 :::HCHP73 Desirable:Degree/Diploma in Educational Administration /Educational Leadership.
(B) Perspective in Education/Foundations of Education; & Curriculum and Pedagogy, Teacher Educators in D.El.Ed.
.
Should have Masters Degree in Social Science/Humanities/ Science/ Maths/ Language with 50% marks and M.Ed. With 50% Marks or M.A. (Education) with 50% marks (except (two) positions where the requirement shall be post graduate in philosophy/Sociology/Psychology with 50% marks and B.El. Ed. Or B.Ed. rr D.El.Ed with 50% marks, or M.Phil/Ph.D in Education).
(C) Physical Education
(i) Masters degree in Physical Education (MP.Ed.) with minimum 50% marks.
(D) Visual and Performing Arts
(i) Masters degree in Fine Arts/Music/Dance/Theatre with 50% marks.
5.3 Administrative and Professional Staff
(a) Number (I) UDC/Office Superintendent One
(ii) Computer OperatorcumStore Keeper One
(iii) Computer Lab Assistant (BCA/B. Tech with Computer Science) One
(iv) Librarin (with B.Lib) One
(b) Qualifications As prescribed by State Government/UT Administration concerned.
Note: In a composite institution, the Principal and academic, administrative and technical staff can be shared. There shall be one Principal and others may be termed as HoDs.
5.4 Terms and Conditions of Service ::: Downloaded on - 18/12/2018 22:55:21 :::HCHP 74 The terms and conditions of service of teaching and non teaching staff including selection procedure, pay scales, age of superannuation and other benefits shall be as per the policy of the State Government/affiliating body."
.
68 Clause 6 relates to facilities and provides as under: "6. Facilities 6.1 Infrastructure
(a) Land and Built up area for running D.El.Ed. programme in combination with other teacher education programmes shall be as under: Built up area Land Area (in sq.mts.) (in sq.mts.) D.ElEd. 1500 2500 D.El.Ed. plus B.Ed. + 3000 3000 Education Component of BA/B.Sc. B.Ed.
D.E.C. Ed. Plus D.El. Ed. 2500 3000
D.El. Ed. Plus B.Ed. Plus 3500 3500
M.Ed.
D.El.Ed plus D.E.C. Ed plus 4000 4000
B. Ed plus M.Ed
Note: Additional intake of one unit of D.El.Ed will require additional built up area of 500 sqm. (five hundred square metres).
(b) The institution must have the following infrastructure:
(i) One classroom for every 50 students.
(ii) Multipurpose Hall with seating capacity of two hundred with dais with total area of 2000 sq. ft (two thousand square feet).
(iii) LibrarycumResource Centre
(iv)Curriculum Laboratory (with science and maths kits, maps, globes, chemical, science kits etc. ::: Downloaded on - 18/12/2018 22:55:21 :::HCHP 75
(v) Computer Lab
(vi) Arts and Craft Resource Centre
(vii) Health and Physical Education Resource Centre
(viii) Principal's office
(ix) Staff Room
(x) Administrative Office .
(xi) Store Rooms (Two)
(xii) Common rooms separately for Men and Women studentteachers.
(xiii) Canteen
(xiv) Visitors Room
(xv) Separate Toilet Facility for Men and Women, student teachers, and staff of which one should be for PWD. (xvi) Parking Space (xvii) Open space for lawns, gardening activities, etc. (xviii) Store Room (xix) Multipurpose play field Note: Requirement at Sl. No. (I) will multiply with the number of units taken.
6.2 Instructional
(a)The institution shall establish LibrarycumResource Centre wherein teachers and students have access to a variety of materials and resources to support and enhance the teachinglearning process. These should include:
(i) Books, journals and magazines
(ii) Children's books
(iii) Audiovisual equipment TV, OHP, DVD player,
(iv) Audiovisual aids, slides, films,
(v) Teaching aids - charts, pictures,
(vi) Developmental assessments check lists and measurement tools,
(vii) Photocopying machine.
(b) Equipment and Materials for different activities The equipment and materials should be suitable and sufficient in quality and quantity for the variety of activities planned in the programme. These include the following: ::: Downloaded on - 18/12/2018 22:55:21 :::HCHP 76 Educational kits, models, play materials, simple books on different topics (songs, games, activities and worksheet), puppets, picture books, photographs, blowups, charts, maps flash cards, handbooks, pictures, pictorial representations of developmental characteristics of children.
.
(c) Equipment, Tools, Raw material for teaching aids, play material and Arts and Crafts Activities.
One set of wood working tools, one set of gardeners' tools, raw materials and equipment required for toy making, doll making, tailoring, dress designing, puppetry, material for preparation of charts, models and other practical activities to be done by the student teacher - art material, waste material, stationery (chart paper, mount board etc.), tools like scissors, scales etc., cloth.
(d) Audio Visual Equipment Hardware for projection and duplication and educational software facilities including TV, DVD Player, slide projector, slides, films, charts, pictures. Satellite ROT (Receive Only Terminal) and SIT (Satellite Interlinking Terminal) would be desirable.
(e) Musical instruments Simple musical instruments such as Harmonium, Tabla, Flute, Manjira and other indigenous instruments.
(f) Books, Journals and Magazines A minimum of one thousand books on relevant subjects should be available during the first year of establishment of the institution and one hundred standard books be added every year. The collection of books should include children's encyclopedias, dictionaries, reference books, books on professional education, teachers' handbooks, books on and for children (including comics, stories, picture books/albumbs, and poems) and the books/resources published and recommended by NCTE. The institution should subscribe to online resources, and the journals published by NCTE and at least three other journals in the field of Education.
(g) Games and Sports ::: Downloaded on - 18/12/2018 22:55:21 :::HCHP 77 Adequate games and sports equipment for common indoor and outdoor games should be available.
6.3 Other Amenities .
(a) Functional and appropriate furniture in required number for instructional and other purposes.
(b) Separate common rooms for male and female teacher educators/studentsteachers.
(c) Arrangement may be made for parking of vehicles.
(d) Safe drinking water be provided in the institution r to
(e) The institutions campus, building, facility etc., should be disable friendly.
(f) There shall be games facilities with the ground. Alternatively, the playground available with the attached schools or local bodies may be utilized exclusively for fix period. Where there is scarcity of space as in metropolitan towns/hilly regions, facilities for small court games, yoga and indoor games may be provided.
Note: If more than one courses in teacher education are run by the same institution in the same campus, the facilities of playground, multipurpose hall, library and laboratory (with proportionate addition of books and equipments) and instructional space can be shared.
69 Like the earlier regulations, it would be noticed that there is a note appended at the end of Clause 6.3 that if more than one course in teacher education are run by the same institution in the same campus, the facilities of playground, multipurpose hall, library and laboratory (with proportionate addition of books and equipments) and instructional space shall be shared.
::: Downloaded on - 18/12/2018 22:55:21 :::HCHP78 70 Here again, it would be pertinent to note that even though the infrastructures to be provided in the institutions have been specified but its dimensions have not been .
mentioned.
71 Appendix 3 of these regulations lays down norms and standards for the Bachelor of Elementary Teacher Education Programme leading to the Bachelor of Elementary Education (B.El.Ed.) Degree, the duration of the course is four academic years and the other norms are pari materia to those of D.El.Ed. and, therefore, are not being referred to.
72 As regards B.Ed., the same norms and standards thereof are provided in Appendix 4 which provides that the basic unit would be of the 50 students with maximum of two units. The norms for staff are provided in Clause 5 and reads thus: "5. Staff 5.1 Academic Faculty For an intake of two basic units of 50 students each, that is total students strength of 200, there shall 16 full time faculty members.
The distribution of faculty across different curricular areas shall be as under:
1. Principal/HoD One
2. Perspectives in Education Four
3. Pedagogy subjects Eight ::: Downloaded on - 18/12/2018 22:55:21 :::HCHP 79 (Math, Science, Social Science, Language)
4. Health and Physical Education One
5. Fine Arts One
6. Performing Arts (Music/Dance/Theatre One .
Note: (i) The faculty positions listed under different subject categories may teach course(s) in the Teacher Education Programme across curricular areas specified and can cater to both foundation and pedagogy course(s). If the students' strength for two years is one hundred (with one basic unit) only, the number of faculty shall be reduced to
8.
(ii) Faculty can be utilised for teaching in flexible manner so as to optimize academic expertise available.
5.2 Qualifications The faculty shall possess the following qualifications:
A. Principal/HoD (I) Postgraduate degree in Arts/Sciences/ Social Sciences/ Humanities/Commerce with minimum 55% marks; and
(ii) M.Ed. With minimum 55% marks; and
(iii) Ph.D. in Education or in any pedagogic subject offered in the institution; and
(iv) Eight years of teaching experience in a secondary Teacher Education Institution.
Desirable: Diploma/Degree in Educational Administration or Educational Leadership.
B. Perspectives in Education or Foundation Courses (I) Postgraduate degree in Social Sciences with minimum 55% marks; and
(ii) M.Ed. Degree from a recognised university with minimum 55% marks.
OR (I) Postgraduate (MA) degree in Education with minimum 55% marks; and
(ii) B.Ed./B.El.Ed. Degree with minimum 55% marks.
::: Downloaded on - 18/12/2018 22:55:21 :::HCHP80 C. Curriculum and Pedagogic Courses (I) Postgraduate degree in Sciences/Mathematics/Social Sciences/Languages with minimum 55% marks, and
(ii) M.Ed. Degree with minimum 55% marks.
.
Desirable: Ph.D degree in Education with subject specializations.
Note: In case of B and C put together, for two faculty positions, a postgraduate degree in Sociology/ Psychology /Philosophy with 55% marks, and B.Ed./B.El.Ed. With 55% marks and three years of teaching experience in a secondary school shall be considered.
D. Specialized Courses Physical Education (I) Master of Physical Education (M.P.Ed.) with minimum 55% marks. (Training/qualification in yoga education shall be desirable) Visual Arts (I) Postgraduate degree in Fine Arts (MFA) with minimum 55% marks.
Performing Arts (I) Postgraduate degree in Music/Dance/Theatre Arts with minimum 55% marks.
5.3 Administrative and Professional Staff
(a) Librarian (B.Lib with 55% marks) One
(b) Lab Assistant (BCA with 55% marks) One
(c) OfficecumAccount Assistant One
(d) Office Assistantcum Computer operator One
(e) StoreKeeper One
(f) Technical Assistant One
(g) Lab Attendants/Helpers/Support Staff two Qualifications ::: Downloaded on - 18/12/2018 22:55:22 :::HCHP 81 As prescribed by State Government/UT Administration concerned.
Note: In a composite institution, the Principal and academic, administrative and technical staff can be shared. There shall be one Principal, and others may be .
termed as HoDs.
5.4 Terms and Conditions of Service The terms and conditions of service of teaching and non teaching staff including selection procedure, pay scales, age of superannuation and other benefits shall be as per the policy of the State Government/Affiliating body."
73As regards facilities, the norms are contained in Clause 6 and the same reads thus:
6. Facilities 6.1 Infrastructure (I) The institutions shall possess 2500 sq mts (two thousand five hundred square meters) of exclusive well demarcated land for the initial intake of fifty students out of which 1500 sq. mts. (one thousand five hundred square meters) shall be the built up area and the remaining space for lawns, playfields, etc. For an additional intake of fifty students, it shall possess additional land of 500 sqm. (five hundred square metre). For an annual intake beyond two hundred and upto three hundred, it shall possess land of 3500 sqm. (three thousand five hundred square metre). For the institutions established prior to this Regulations, for an additional intake of one hundred students, built up area is to be increased by 500 sqm. (five hundred square metre) and the requirement of additional land may not apply to them.
(ii) Built up Area for running other teacher education programmes in combination with B.Ed. Programme shall be as under: ::: Downloaded on - 18/12/2018 22:55:22 :::HCHP 82
(iii) Facilities Built up Area (in Land Area sq.mts.) in (sq.mts.) B.Ed./Education 1500 2500 .
Component of B.A. B.Ed/B.Sc /B.Ed.
D.E.C. Ed. plus B.Ed 2500 3000
D.El.Ed. plus B.Ed. 3000 3000
B.Ed. plus M.Ed. 2000 3000
D.E.C. Ed. plus B.Ed. 3000 3500
plus M.Ed.
D.El.Ed. plus B.Ed. 3500 3500
plus M.Ed.
D.El. Ed. plus D.E.C. 4000 4000
Ed. plus B.Ed. Plus
M.Ed.
Note: Additional intake of one unit of B.Ed will require additional built up area of 500 sqm. (five hundred square meters).
The Institution must have the following infrastructure (each item to include facilitation for PWD):
(a) one classroom for every 50 student.
(b) Multipurpose Hall with seating capacity of 200 and a dais 2000 sq. ft)
(c) LibrarycumReading Room
(d) ICT Resource Centre
(e) Curriculum Laboratory
(f) Arts and Craft Resource centre
(g) Health and Physical Education Resource Centre (including yoga education)
(h) Principal's Office
(i) Staff Room
(j) Administrative Office
(k) Visitors Room
(l) Separate common room for male and female students
(m) Seminar Room
(n) Canteen
(o) Separate Toilet Facility for male and female students, for staff and for PWD.
(p) Parking Space ::: Downloaded on - 18/12/2018 22:55:22 :::HCHP 83
(q) Store Rooms (Two)
(r) Multipurpose Playfield
s) Open space for Additional Accommodation
(iv) There shall be games facilities with a playground. Where there is scarcity of space as in the metropolitan .
towns/hilly regions, separate facilities for yoga, small court and indoor games may be provided.
(v) Safeguard against fire hazard be provided in all parts of the building.
(vi) The institution campus, buildings, furniture etc. should be barrier free.
(vii) Hostel for male and female students separately, and some residential quarters are desirable.
6.2 Instructional
(a) The institution shall have easy access to sufficient number of recognized secondary schools within reasonable distance for field work and practice teaching related activities of the students teachers. The institution shall furnish undertaking from the schools that they are willing to provide facilities for practice teaching. The State education administration may allot schools to different Tels. Not more than ten and twenty studentsteachers shall be attached with a school having pupil strength up to 1000 ( one thousand) and 2000 (two thousand) respectively. It is desirable that the institution has an attached school under its control.
(b) There shall be a librarycumreading room with seating capacity for at least fifty percent students equipped with minimum 1000 (one thousand) titles and 3000 (three thousand) books including text and reference books relevant to the course of study, educational encyclopedias, year books, electronic publications (CD ROMs), online resources and minimum five referred journals of education and subscription to five others in related disciplines. The library holdings shall be augmented with addition of two hundred titles annually including books and journals. The library shall have photocopying facility and computer with INTERNET facility for the use of faculty and studentteachers. Except ::: Downloaded on - 18/12/2018 22:55:22 :::HCHP 84 in the case of textbooks and reference books there shall not more than three multiple copies of each title.
(c) There shall be a Curriculum Laboratory with materials and resources relating to different areas of school curriculum.
.
(d) There shall be ICT facilities with hardware and software including computers, internet, TV Camera, ICT equipment like ROT (Receive Only Terminal), SIT (Satellite Interlinking Terminal) etc.
(e) There shall be a fully furnished TeachingLearning Resource Centre for Arts and Work Experience.
(f) Games and sports equipments for common indoor and out door games should be available.
(g) Simple musical instruments such as harmonium, tabla, manjira and other indigenous instruments.
6.3 Amenities
(a) Functional and appropriate furniture required number for instructional and other purposes.
(b) Arrangement may be made for parking of vehicles.
(c) Access to safe drinking water be provided in the institution.
(d) Effective arrangement be made for regular cleaning of campus, water and toilet facilities (separate for male and female students and teachers), repair and replacement of furniture and other equipments.
Note: In case of composite institution, the infrastructural, instructional and other facilities shall be shared by various programmes.
74 Here again, note appended to the Clause 6.3 clearly provides that in case of a composite institution, ::: Downloaded on - 18/12/2018 22:55:22 :::HCHP 85 the infrastructural, instructional and other facilities shall be shared by various programmes.
75 Noticeably, even these regulations specify the .
infrastructure but do not specify the dimensions thereof.
76 It would be noticed that as regards the earlier regulations of 2002, the only infrastructural requirement was that the institute should have adequate number of classrooms.
The area required to be possessed by the institute was not specified and it was only provided that there should be provisions for adequate number of classrooms, hall, laboratory space for conducting instructional activities for approved intake of 100 students and separate rooms for Principal, faculty members, office for the administrative staff and a store.
77 It was only thereafter in the year 2005 that the institutions were required to have at least 2500 sq. mtrs. of land over which built up area consisting of classrooms etc. was not to be less than 1500 sq. mtrs. and at the same time the space in each instructional room was to be not less than 10 sq. ft. per student.
78 Even as per Clause 8.5 of the Regulations, 2005, the institution was required to be in possession of the land on the date of application with the only condition that the land free from encumbrances could be either on ownership basis or on ::: Downloaded on - 18/12/2018 22:55:22 :::HCHP 86 lease for a period of not less than 30 years and only in cases where under relevant State/UT laws the maximum permissible lease period is less than 30 years, the State Government/UT .
administration would prevail.
79 It was thereafter only in 2007 that the parameters of land and built up area were provided for the first time which continued to be subsequently repeated.
80 Now, adverting to the AICTE norms, the same are contained in the Approval Process Handbook 20182019. The grant of approval for extension of existing institutions, continuation of institutions after a break in the preceding Academic Year have been made mandatory under these instructions. The applicants are required to submit relevant documents as per Appendix 17. As regards land and builtup area, the institutions have to comply with the provisions of Appendix 4. However, it has been clarified in the note appearing at Page 98 that considering hilly nature of land in North Eastern States and the hilly regions of States such as Himachal Pradesh, Uttarakhand and Jammu and Kashmir, the land shall be made available in three pieces which are not separated from each other by more than 2 Kms. A note on the same page reads thus: ::: Downloaded on - 18/12/2018 22:55:22 :::HCHP 87 "a. Starting other educational Course(s)/Institutions (Technical/NonTechnical) in the surplus Land arising out of prevailing/reduced norms of Land requirement is permissible. Further such surplus Land can be used as per .
the Land use Certificate given to the Trust/Society/Company by the concerned authority subject to such Course(s)/Institutions having their own facilities to conduct such Programmes without sharing the essential facilities, such as Classroom, Laboratory etc. with the already approved Technical Institution. However, Common Amenities such as Canteen, Auditorium, Playground, Parking etc. may be shared provided it caters to all the students of all the Programmes.
b. Diploma and Degree Pharmacy Programme shall be permitted to run in the same Institution with the same Land area.
c.For an Institution established prior to 1994, the Land requirement should be fulfilled as per the norms existed thereon for the Programme(s)/Course(s) Divisions applied.
In case of any deviation from those norms, the Institution has to adhere to the existing norms at the time of seeking Extension of Approval.
d. For an Institution established after 1994, the Land requirement should be fulfilled as per the AICTE norms existing at the time of establishment of the Institution for the Programme(s)/Course(s)/Divisions applied thereon. In case of any deviation from those norms, the Institution has to adhere to the existing norms at the time of seeking Extension of Approval.
e.If the Institution (c or d) had been given approval for more Programme(s)/Course(s)/Divisions later, the Land requirements as per the corresponding AICTE norms should ::: Downloaded on - 18/12/2018 22:55:22 :::HCHP 88 be fulfilled. Annexure 9 of Approval Process Handbook 201819 gives Land Requirements as per AICTE norms during the previous years."
81 While calculating the minimum builtup area .
requirements, it has been clearly provided for in Clause 4.2 (c) that the Institution area is divided into Instructional area (INA, carpet area in m2), Administrative area (ADA, carpet area in m 2), Amenities area (AMA, carpet area in m 2). Seminar Halls in the case of Diploma and Degree Pharmacy are permitted to be shared if offered in the same Institution.
82 Clause 5.1 of Appendix 5 provides for Computers, Software, Internet and Printers, whereas Clause 5.2 provides for Laboratory Equipment and Experiments. Appendix 7 relates to the norms for Faculty requirements and Cadre Ratio for Technical Institution.
83 It would be noticed from regulations of 2014 that in case there is change of premises, even though prior approval of Regional Committee concerned is necessary, however, this permission of change would be dealt with as if site of changed premises, if applied initially, would have qualified for establishment of an Institution as per specified norms of Council.
84 Adverting to the facts, it would be noticed that the case came up before this Court for the first time on ::: Downloaded on - 18/12/2018 22:55:22 :::HCHP 89 13.06.2017 on which date notices were issued to the institutions against whom report of SIT had been received. In the meanwhile, few other reports were received from the SIT and .
looking to the colossal task before us, we appointed Ms. Jyotsna Rewal Dua, Senior Advocate of this Court as Amicus Curiae to assist us. It was with the efforts of the learned Amicus Curiae that we on the basis of the deficiencies as pointed out by the SIT, and upon its recommendations identified each of the institutions and accordingly we directed AICTE and NCTE, as the case may be, to look into the deficiencies and recommendations, of the SIT. It is after the receipt of the recommendations, we proceeded to hear the matter and in some of the cases directed AICTE and NCTE to conduct further inspections. Various actions have been recommended by the SIT ranging from recommendations for closure of the institutions to even registration of criminal cases.
85 As stated above, it was with the assistance of the learned Amicus Curiae that we delineated the institutions and arguments thereafter were heard in chronological order of such delineated institutions. The initial list of the institutions is as under: ::: Downloaded on - 18/12/2018 22:55:23 :::HCHP 90 A. LIST OF PRIVATE EDUCATIONAL INSTITUTES OF HIMACHAL PRADESH RECOMMENDED FOR CLOSURE:
a) Colleges of Education (B.Ed. And D.EI. Ed.) .
1) Shimla College of Education (B.Ed.), Chamyana, Sanjauli, District Shimla.
2) Shimla College of Education (D.EI.Ed), Sanjauli, District Shimla.
3)Deen Dayal Upadhaya College of Education, Mehre, Badsar, Hamirpur.
4) Sri Sai College of Education (B.Ed.), Kohla, Tehsil Nadaun, Hamirpur.
5) Sri Sai College of Education (D.EI.Ed.), Kohla, Tehsil Naudan, Hamirpur.
6.Himalayan College of Education, Village Pungh, Sundernagar, Mandi.
7) Blooms College of Education (B.Ed.), Village Kot, Teh. Balh, District Mandi.
8) Blooms College of Education (D.EI.Ed.), Village Kot, Teh. Balh, District Mandi.
9) Himachal Institute of Education, c/o Solan Public School Bypass road, Solan.
10)Lakshya Institute of Education, Village Manjiat, Arki, District Solan.
b) Management and Technology (B.Tech, M. Tech, MBA and MCA)
1) H.P. Institute of Management Studies (M.B.A.) Mauja Majid, Totu, Shimla.
2) H.P. Institute of Management Studies (M.C.A.) Mauja Majid, Totu, Shimla.
3)Himalayan Institute of Computer Sciences, Kala amb, District Sirmaur.
::: Downloaded on - 18/12/2018 22:55:23 :::HCHP91
c) Polytechnic
1) Himalayan Polytechnic Kalaamb, District Sirmaur.
B. LIST OF PRIVATE EDUCATIONAL INSTITUTES OF .
HIMACHAL PRADESH RECOMMENDED FOR REMOVAL OF DEFICIENCIES:
a) Colleges of Education (B.Ed. and D.EI. Ed.)
1) Jupiter College of Education, Mairi, Teh. Amb, Una.
2) Shiksha Bharti B.Ed. College, Kotla Khurd, Una.
3) Shiksha Bharti Institute of Education and Research (ETTE/D.EI.Ed.), Samoor Khurd.
4) Leaurate Institute of Education and Training, Bhrari, Shimla.
5)Sarswati Institute of Teachers Education, Karechi, Shangti, Shimla.
6) Indian Institute of Education (B.Ed. and M.Ed.), HariDevi, Ghannahati.
7) Indian Institute of Education (D.EI.Ed), HariDevi, Ghannahati.
8) Shanti Alia Institute of Education and Training for B.Ed., Rampur Keonthal, Teh. and District Shimla.
9) Shanti Alia Institute of Education and Training for D.EI.Ed., Rampur Keonthal, Teh. and District Shimla.
10) H.P. College of Education, Airport Road, Mauja Majid, Totu, Shimla.
11) Hamirpur College of Education for B.Ed., Ward No. 10, Hamirpur.
12) Hamirpur College of Education for D.EI.Ed., Ward No. 10, Hamirpur.
13) Nalanda Collge of Education, Jhaniari, Hamirpur.::: Downloaded on - 18/12/2018 22:55:23 :::HCHP
92
14) Raj Rajeshwari College of Education (B.Ed.), Chorab, Bhota, Hamirpur.
15) Raj Rajeshwari College of Education (D. El.Ed.), Chorab, Bhota, Hamirpur.
.
16) Vijay Vallabh College of Education, Nadaun, Hamirpur.
17) Dwarikadass Memorial Sai College of Education (B.Ed.), Village Kallar, PO Jalari, Teh. Nadaun.
18) Dwarikadass Memorial Sai College of Education (D.EI.Ed.), Village Kallar, PO Jalari, Teh. Nadaun.
19) Gurukul Bharti College of Education, Benla Brahmna, Chandpur, District Bilaspur.
20)Adarsh College of Education, Amarpur, Ghumarwin, Bilaspur.
21) Minerva Collge of Education, VPO Baggi, Teh. Balh, District Mandi.
22) Gayatri College of Education, Kharota, PO Kangu, Sundernagar, Mandi.
23) Baba Kripal Dass College of Education for women (B.Ed.), Paonta Sahib, District Sirmaur.
24) Baba Kripal Dass College of Education for women (D.El.Ed.), Paonta Sahib, District Sirmaur.
25) Shiv Shakti College of Advanced Studies of Education, Shamlo, Rajgarh, District Sirmaur.
26) Astha College of Education, Village Hatkot, Teh. Arki, District Solan.
27) VSS College of Education, Village Dhillo, PO Sultanpur, Solan.
28) Himachal College of Education, Nalagarh, Teh. Baddi, District Solan.
29) Jagriti Teacher Training College (B.Ed.), Devdhar, Sadar, Mandi.
30) Jagriti Teacher Training College (D.El.Ed), Devdhar, Sadar, Mandi.
::: Downloaded on - 18/12/2018 22:55:23 :::HCHP93
31) Lord Budha College of Education, Upper Bhambla, Teh. Baldwara, Mandi.
32) Noble College of Education, Seog, PO Pandoh, Tehsil Sadar, Mandi.
.
33) Rameshwari Teacher Training Institute (B.Ed.), Sarabai, District Kullu.
34) Rameshwari Teacher Training Institute (D.El.Ed.), Sarabai, District Kullu.
35) Rameshwari Teacher Training Institute (B.P.Ed.), Sarabai, District Kullu.
r to
36) Kullu College of Education (B.Ed.), Bogana, District Kullu.
37) Kullu College of Education (D.El.Ed.), Bogana, District Kullu.
38) Janakraj Mahajan B.Ed. College Gangath, Teh. Nurpur, Kangra.
39) Kanta College of Education, VPO Chalwara, Teh. Jawali, District Kangra.
40) Minverva College of Education, Village Changrara, Teh. Indora, Kangra.
41) Dronacharya College of Education, VPO Rait, Tehsil Shahpur, District Kangra.
42) Sharan College of Education for Women (B.Ed.), PO Gurkari, Kangra.
43) Neelam College of Education, Village Jimjima, Teh. Jogindernagar, Mandi.
44) KLB College of Girls (B.Ed.), Palampur, District Kangra.
45) KLB DAV College for Girls (D.El.Ed.), Palampur, District Kangra.
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46) Gianjyoti Institute of Bachelor Education (B.Ed.), Rajol, Teh. Sahpur, Kangra.
47) Gianjyoti Institute of Bachelor Education (D.El.Ed.), Rajol, Shahpur, Kangra.
.
b)Management and Technology (Engineering):
1) Himachal Institute of Technology, Paonta Sahib, District Sirmaur.
2) Himachal Institute of Engineering and Technology, Shahpur, Kangra.
3) KLB DAV Girls College for Management, Lohna Bundla, Palampur, Kangra.
4) KLB DAV Girls College for Technology, Lohna, Teh.
Palampur, Kangra.
c) Pharmacy:
1)Himachal Institute of Pharmacy, Paonta Sahib, District Sirmaur.
2) Himalayan Institute of Pharmacy, Kalaamb, District Sirmaur.
3)Vinayaka College of Pharmacy, Bogana, PO Garsa, Kullu.
4)Himachal Institute of Pharmaceutical Education and Research, Bela Nadaun, District Hamirpur.
5)Leaurete Institute of Pharmacy, Kathog, Teh.
Jawalamukhi, District Kangra.
6)Himachal Pharmacy College, Manjhauli, Teh. Nalagarh, District Solan.
d) Polytechnic:
1)Minerva Polytechnic, Village Changrara, Teh.
Indora, Kangra.
C. LIST OF PRIVATE EDUCATIONAL INSTITUTES OF HIMACHAL PRADESH RECOMMENDED FOR ::: Downloaded on - 18/12/2018 22:55:23 :::HCHP 95 REGISTRATION OF CRIMINAL CASES AND CLOSURE:
a) Colleges of Education (B.Ed. And D.El.Ed.):
.
1)Shanti College of Education for B.Ed. and M.Ed., Kailash Nagar, Nakroh.
2) Shanti College of Education for D.El. Ed., Kailash Nagar, Nakroh.
3)Modern Education College, Annadale, Shimla.
4)Swami Vivekanand College of Education (B.Ed. and M.Ed.), Tarkwari, PO Dungrin, Teh. Bhoranj, District Hamirpur.
5)Swami Vivekanand College of Education (D.El.Ed.), Tarkwari, PO Dungrin, Teh. Bhoranj, District Hamirpur.
6)Vaid Shankar Lal Memorial College of Education (B.Ed. & M.Ed.), VPO Chandi, Teh. Kasauli, Solan.
7)Vaid Shankar Lal Memorial College of Education (D.El.Ed.), VPO Chandi, Teh. Kasauli, Solan.
8)Namdhari College of Education, Bhojpur, Sundernagar, District Mandi.
9) Vijay Memorial College of Education (B. Ed.), Ner Chowk, Mandi.
10) Vijay Memorial College of Education (D.El. Ed.), Ner Chowk, Mandi.
11) Lalji B.Ed. College, N.H. 21, PO Gutkar, Teh.
Balh, District Mandi.
12)Himachal Pradesh College of Education (B.Ed.), aamb, Distrct Sirmaur.
13)Himachal Pradesh College of Education (D.El.Ed.), Kalaamb, District Sirmaur.
14)Karishma Educational Centre (B.Ed.), Ner Chowk, District Mandi.
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15)Karishma Educational Centre (D.El.Ed.), Ner Chowk, District Mandi.
b) Management and Technology (Engineering):
.
1) Gautam Institute of Management and Technology, Hamirpur.
2) Shimla Institute of Management and Technology, Sanjauli, Shimla.
3) Sai Ram College of Engineering and Technology, Tipper, Barsar, District Hamirpur.
4) Himalayan Institute of Management, Kalaamb, District Sirmaur.
5) Himalayan Institute of Engineering and Technology, Kalaamb, District Sirmaur.
6) Abhilashi Institute of Management and Studies, Ner Chowk, Sadar, District Mandi.
7) Sai School of Engineering and Technology, Sungal, Palampur, Kangra.
c) Pharmacy:
1) Sai Ram College of Pharmacy, Tipper, Barsar, District Hamirpur.
d) Polytechnic:
1) Gautam Girls Polytechnic, Hamirpur.
2) Devasya Polytechnic, Nalti road, Bajouri, District Hamirpur.
3) Sai Ram Polytechnic, Tipper, Barsar, District Hamirpur.
4) Natraj Polytechnic, Sathal, Rajwari, Sundernagar, District Mandi.
D.LIST OF PRIVATE EDUCATIONAL INSTITUTES OF HIMACHAL PRADESH RECOMMENDED FOR ::: Downloaded on - 18/12/2018 22:55:23 :::HCHP 97 REGISTRATION OF CRIMINAL CASES AND REMOVAL OF DEFICIENCIES:
a) College of Education (B.Ed. and D.El.Ed.):
1) Shanti Niketan College of Education for B.Ed., .
Hamirpur.
2) Shanti Niketan College of Education for D.El.Ed., Hamirpur.
3) Trisha College of Education for B.Ed. and M.Ed., Thain, PO Jol Sappar, Hamirpur.
4) Trisha College of Education for D.El. Ed., Thain, PO Jol Sappar, Hamirpur.
5) Shiva College of Education, Abdhanighat, Ghumarwin, Bilaspur.
b) Management and Technology (Engineering):
1)K.C. Group of R&PI Faculty of Engineering, Pandoga Uparla, District Una.
2)K.C. Group of R&PI Faculty of Management, Pandoga Uparla, District Una.
3) Dev Bhoomi Institute of Engineering and Technology, Chandpur, Haroli, Una.
4) MIT College of Engineering and Management, Bani, Ganoh, Rajputan, Hamirpur.
5) Shiva Institute of Engineering and Technology for B.Tech., Luhnoo, Kanitain, Teh. Sadar, Bilaspur.
6) T.R. Abhilashi Memorial Institute of Engineering and Technology, Tanda, Balt, via Ner Chowk, Mandi.
c) Pharmacy:
1) K.C. Group of Pharmaceutical Sciences, Pandoga Uparla, District Una.
2) DDM College of Pharmacy, Banehra, Teh. Amb, Una.::: Downloaded on - 18/12/2018 22:55:24 :::HCHP
98
3) Shiva Institute of B. Pharmacy, Luhnoo, Kanitain, Teh. Sadar, Bilaspur.
4) Dreamz College of Pharmacy, Khilra, Sundernagar, Mandi.
.
5) Shanti Niketan College of Pharmacy, Malther, Teh.
Balh, District Mandi.
d) Polytechnic:
1) K.C. Group of R&PI Polytechnic, Pandoga Uparla, District Una.
2) Dev Bhoomi, Polytechnic, Chandpur, Haroli.
3) Shivalik Polytechnic, Badhera, Haroli, Una.
4)MIT Polytechnic, Bani, Ganoh, Rajputan, Hamirpur.
5) Shiv Institute of Engineering and Technology for Diploma (Polytechnic) Luhnoo, Kanitain, Teh. Sadar, Bilaspur (Evening).
E. LIST OF PRIVATE EDUCATIONAL INSTITUTES OF HIMACHAL PRADESH RECOMMENDED FOR REMOVAL OF DEFICIENCIES AND ACTION AGAINST NCTE, H.P.U. AND REVENUE OFFICERS:
a) Colleges of Education (B.Ed. and D.El. Ed.)
1) Kshatriya College of Education, Village Kutsain, Teh. Indora, District Kangra.
2) Tara College of Education, Basa, Waziran, Teh.
Nurpur, Kangra.
3) Vaishno College of Education, Village Thapkour, Teh. Nurpur, District Kangra.
F. LIST OF PRIVATE EDUCATIONAL INSTITUTES OF HIMACHAL PRADESH RECOMMENDED FOR REGISTRATION OF CRIMINAL CASES, CLOSURE AND ACTION AGAINST REVENUE OFFICERS:
a) Colleges of Education (B.Ed. and D.El.Ed.) ::: Downloaded on - 18/12/2018 22:55:24 :::HCHP 99
1) Sharan College of Education for Women (D.El.Ed.), VPO Ghurghari, Kangra.
2)R.C. College of Education (B.Ed.), Dhanot, Teh.
Jawalamukhi, District Kangra.
.
3)R.C. College of Education (D.El.Ed.), Dhanot, Teh.
Jawalamukhi, District Kangra.
b)Management and Technology (Engineering)
1) Vaishno College of Engineering, Village Thapkour, Teh. Nurpur, District Kangra.
G. LIST OF PRIVATE ITI's OF HIMACHAL PRADESH RECOMMENDED FOR REMOVAL OF DEFICIENCIES:
1) Swami Vivekanand Private ITI Badhera, Teh.
Haroli, Una.
2) Modern Private ITI, Mairi, Teh. Amb, District Una.
3) Shobit Industrial Training Centre, VPO Chalola, Teh. and District Una.
4) Aryan Private ITI, Bharwain, Teh. Amb, District Una.
5) Global Private ITI, Village Bhadera, Teh. Haroli, District Una.
6) Bhagat Ram Memorial Private ITI, Bhaloun, Teh. Bangana, Una.
7) Kutlehar Private ITI, Balh, Teh. Bangana, District Una.
8) Saafat Private ITI, Awahar, PO Hatli, Teh. Bangana, District Una.
9) Optech Vidya Private ITI, City Heart Hotel, Una Road, Amb, District Una.
10) Angel Pvt. ITI, Patehar, PO Nehrian, Teh. Amb, District Una.
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11) Simona Pvt. ITI, Daulatpur Chowk, Teh. Amb, District Una.
12) New Angel Pvt. ITI, Pekhubela, Teh. and District Una.
.
13) Him Gaurav Pvt. ITI Santoshgarh, District Una.
14) Hari Om Pvt. ITI, VPO Deegal, Teh. Nalagarh, District Solan.
15) Anand Pvt. ITI, New Nalagarh, Teh. Nalagarh, District Solan.
16) Anand Pvt. ITI Joghon, Teh. Nalagarh, District Solan.
17) Shivalik Pvt. ITI, Ropar Road, Nalagarh, District Solan.
18) Doon Pvt. ITI, Barotiwala, Baddi, District Solan.
H. LIST OF PRIVATE ITI's OF HIMACHAL PRADESH RECOMMENDED FOR CLOSURE:
1) Optech Vidya Private ITI, Private ITI, Near Central Bank of India, Bangana, una.
2) Shiksha Bharti Private ITI, Kotla Khurd, District Una.
86 However, before we deal with the reports qua each of the aforesaid institutions, we notice that invariably in all the reports furnished by the SIT, all the institutions, barring a few institutions, do not comply and fulfill the instructional facilities that are required to be provided to the faculty members as also the nonteaching members are not being paid as per the UGC/State pay scale, as the case may be. Moreover, in majority of cases, no GPF or CPF is being ::: Downloaded on - 18/12/2018 22:55:24 :::HCHP 101 deducted or paid. Therefore, at the joint request of the institutions, we grant time upto the commencement of the next academic session to comply with the aforesaid .
regulations as it has not been disputed at the bar that the instructions issued by the concerned apex body with respect to the instructional facilities have to be complied with in its letter and spirit. Thereafter, if any institution is found wanting, then needless to say that it shall be liable for closure as it has already been put to caveat regarding the shortcoming.
87 During the course of hearing, learned amicus curiae placed before us newspaper reports, wherein it was pointed out that with nearly 50% of the seats in engineering colleges across the country remaining vacant, the technical education department is planning to merge institutes with high vacancies and the officials of the All India Council for Technical Education (AICTE) who are aware of the developments said that institutes with over 50% vacancy, and good teaching and infrastructure facilities could be merged to avoid being shut down. It has been recognized that for engineering courses, like other courses, there have been far less applications than the number of seats and vacancies in institutes across the country have been increasing. In the last ::: Downloaded on - 18/12/2018 22:55:24 :::HCHP 102 five years, vacancies in engineering institutes approved by the AICTE has remained over 47%, with 201617 witnessing almost 54% seat vacancy. In December 2017 alone, six states .
including Haryana, Rajasthan, Madhya Pradesh, Himachal Pradesh, Chhatisgarh and Telangana had requested the AICTE not to approve new colleges as the demand for engineering seats in their respective states was consistently low. The AICTE had acceded to requests of four of these states after an initial inspection. Earlier this year, the Maharashtra government wrote to the AICTE, requesting not to grant permission to new diploma or degree engineering colleges for 201819, which was accepted. Still, 42% of seats in Maharashtra's technical institutes went vacant in 201819.
Not only this, about 800 colleges in the country are facing closure for having poor enrollment and have requested to cancel the admission for two years or to allow mergers.
88 The aforesaid facts will have to be borne in mind by us while deciding the instant petition. We would also have to bear in mind the decision rendered by us in CWP No. 1102 of 2018, titled as H.P. Private B.Ed. Colleges Welfare Association vs. NCTE and ors., decided on 14.9.2018, wherein the Institutions aggrieved by the infrastructural, instructional and other facilities which were required to be provided by them for ::: Downloaded on - 18/12/2018 22:55:24 :::HCHP 103 running composite J.B.T./D.El.Ed courses, had sought the following substantive reliefs:
i. That the respondents may kindly be restrained .
from applying retrospective revised norms of National Council for Teacher Education for B.Ed. & JBT courses of 2006, 2009 and 2014 w.r.t. the infrastructural facilities for already set up B.Ed., JBT and D.El.Ed. Institutions.
ii. In the alternative, the norms and standards for B.Ed. programme at Annexure P5 and for D.El.Ed./JBT Programme at Annexure P6 as laid down by National Council for Teacher Education respondent No.1, to the extent to built up area for single unit of B.Ed. along with single unit of JBT in a composite institution has been prescribed to be 3000 sq. mts. instead of at the maximum 2000 sq. mts., may kindly be quashed and set aside, in the interest of justice.
89 This Court, after taking into consideration the material placed on record, found that the NCTE or for that matter AICTE was insisting upon unnecessary high norms and standards of area and despite there being a provision for sharing of facilities, there was practically no such provision recognized by it constraining this Court to allow the petition by observing as under:
44. Therefore, it is necessary to bear this aspect of the norms and standards to be prescribed in mind for a ::: Downloaded on - 18/12/2018 22:55:24 :::HCHP 104 major debate before us centered around the right of the NCTE to prescribe standards which are totally unrealistic and extremely difficult to meet. Besides that, providing of standards and making a provision therein .
for sharing of infrastructure has virtually been rendered otiose, as the same infrastructural requirement have been prescribed for running two separate courses i.e. B.Ed and D.El.Ed/JBT.
45. We otherwise see no reason why few of the facilities like reception, toilet(s), library, computer lab, in addition to the multipurpose hall cannot be shared by both courses. Likewise, wherever there are technical courses being run by the AICTE, in addition to the aforesaid, we see no reason why the various labs like integrated psychological lab, technologicalcumlanguage lab, computer lab, audio visual room etc. cannot be shared, especially when the same is specifically provided in the regulations.
46. It would, thus, be noticed that the Council has been entrusted with the task of laying down uniform standards to achieve planned and coordinated development development of the teacher education system. However, the issue still remains at large as to whether while laying down these uniform standards, has there really been planned and pragmatic or systematic study with regard to the infrastructure viza viz hill States. Undoubtedly, a special provision though been made for the hill States as also the metropolitan cities, Northern and NorthEastern States of India. However, even though a special provision qua infrastructure has been made for the NorthEastern and hill States of India alongwith metropolitan States. When ::: Downloaded on - 18/12/2018 22:55:24 :::HCHP 105 it gets down to institutes running composite courses, no real endeavour has been made by the Council or else, it would not lay down such unrealistic norms which are otherwise the requirement for institution running .
individual courses.
47. At the end of the day, we cannot feign ignorance and be oblivious to the fact that these institutions have spent huge amount of money to meet the requirement of infrastructure, library, staff etc. and unfortunately the intake of students is far far less than the one approved.
It is rather shocking that in some of the institutes, the intake of student is barely two percent.
48. Therefore, it is not only desirable but crucial that more realistic and pragmatic standard for infrastructure for the hill States be made by the NCTE and other apex bodies who deal with the professional courses or else this would only spell doom upon the existing institutions. Therefore, it is imperative to lay down norms or standard which are more realistic so as to ensure that these institutions ultimately do not land up or get concentrated in the hands of the affluent and few elite.
49. As observed earlier, the respondents No. 1 and 2 have not set off any area or made provision for sharing of the infrastructural, instructional and other facilities, even though after having mandatorily provided for the same in its regulation, thereby it has rendered the provision as otiose and redundant. Therefore, its action of prescribing and thereafter insisting on the additional built up area of 1500 sq. mts., for the institution (s) already running both B.Ed ::: Downloaded on - 18/12/2018 22:55:25 :::HCHP 106 and JBT/D.El.Ed. Courses, being illegal, arbitrary besides being unjustified, is quashed and set aside.
50. The NCTE is directed to undertake comprehensive study and thereafter make suitable amendments in the .
NCTE Regulations, 2014 by setting off and counting those areas towards common amenities which can easily be permitted to be shared by the Institutions.
90 Now, coming to the reports submitted by the SIT, reports of the VT of the NCTE/AICTE as per direction of this Court qua each of the Institutions and replyaffidavits filed by the institutions controverting therein the objections qua instructional and infrastructural deficiencies pointed out by the aforesaid experts committees.
A a) 1: Shimla College of Education (B.Ed.), Chamiana, Sanjauli, District Shimla.
A a) 2: Shimla College of Education (D.El.Ed.), Sanjauli, Shimla6.
91 Report No.5, pages 75 - 83, deals with theseinstitutions. The conclusions drawn by the SIT are as follows:
(i) Shri Sheesh Ram Patwari, Patwar Circle Sanjauli after survey of the area and scrutiny of revenue records has submitted a report that Khasra numbers 38 to 40 were in the name of Hill Grove Public School through Shimla Educational Society Trust and that the land measuring 8032 sq.mtrs ::: Downloaded on - 18/12/2018 22:55:25 :::HCHP 107 on the aforesaid khasras was lying vacant and no building had been constructed thereon.
(ii) Dr. R.K.Shandil, Founder Trustee/Chairman of Shimla Educational Society Trust had falsely .
executed a lease deed in favour of the college on 28.9.2006 giving half portion of total land measuring 8032 sq.mtrs comprising khasra Nos.
38 to 40 i.e. 4016 sq.mtrs alongwith the building constructed thereon for a period of 30 years on an annual rent of Rs.20,000/ whereas in fact the said land is lying vacant and no such building had been constructed thereon.
(iii) The existing building of the institute had been constructed on Khasra Nos. 4,9 and 10 which had not been leased out to the Trust as the land comprising the said Khasras stands in the name of Ram Kishan son of Devi Ram as per jamabandi and Revenue Records.
(iv) The building plan of the existing building had been prepared and completion certificate unauthorisedly issued by Architect Naresh Kumar Gupta, Draughtsman of HPPWD in his private capacity on 10.6.2007 falsely certifying that the total built up area was 1617 sq.mtrs. on khasra Nos. 38, 39 and 40 whereas in fact the said land was lying vacant as on date of inspection.
(v) As against a minimum requirement of 4000 sq.mtrs of built up area for B.Ed., D.El.Ed. and MBA the institute was having only 2300 sq.mtrs. of built up area. Even the institute was ::: Downloaded on - 18/12/2018 22:55:25 :::HCHP 108 not having sufficient built up area of 3000 sq.mtrs. to run B.Ed and D.El.Ed courses.
(vi) The same building plan had been dishonestly and fraudulently submitted to NCTE and AICTE .
to start B.Ed. D.El.Ed and MBA courses after making some alterations/additions by hand which would go to show that the documents were manipulated/forged so as to meet the requirements of NCTE/AICTE. These alterations/additions had been done by Shri Naresh Gupta, Draughtsman of HPPWD and the same are in his handwriting and bear his seal and signatures. No separate buildings were in existence to run B.Ed. and MBA courses and both the courses were being run from the same existing premises.
(vii) The institute was deficient in every respect in terms of land area, built up area, library, labs, computer lab, multipurpose hall, seminar room, Common Rooms, toilets etc.
(viii)The institution lacks in faculty area in as much as out of 7 faculty members only 2 were approved by HPU and the remaining 9 faculty members claimed to be on the rolls of institute were absent. Even the Principal of the institute was not present and had not been approved by HPU."
92 Based upon the aforesaid conclusions, the SIT has prayed for the registration of criminal case against Dr.R.K.Shandil, Founder TrusteecumChairman of the ::: Downloaded on - 18/12/2018 22:55:25 :::HCHP 109 Society and Sh. N.K. Gupta for obtaining recognition/ affiliation on the basis of false and fabricated documents regarding the land and building constructed there upon and .
in addition thereto misrepresenting the facts from NCTE and SIT through various affidavits.
93 The report submitted by the SIT is contested by the institutions. In the initial reply filed by these institutions, which is available at page 351 of the paper book, it is pointed out that initially the Founder TrusteecumChairman Dr. R.K. Shandil and Smt. Sunita Shandil as a trustee, were running a Senior Secondary Public School in the name of 'Hill Grove Public School' from land comprised in Khewat No. 30 min, Khatauni No. 69 min, Khasra Nos. 71/1 and 69 total measuring 10 bighas and 7 biswas situated at Mauza Chamiana, Pargana Chhabrogti, Tehsil and District Shimla.
However, lateron during the course of construction it was pointed out by the revenue officials that one Khasra No. i.e. 71/1 had been wrongly mentioned as 72/2 in the trust deed dated 15.3.1999, therefore, vide supplementary trust deed dated 8.6.1999 the said mistake was rectified. In the year 1998, the Shimla Educational Society Trust applied to the Government of Himachal Pradesh for 'No Objection Certificate' (NOC) for running MBA course, but the same did ::: Downloaded on - 18/12/2018 22:55:25 :::HCHP 110 not materalise and, therefore, the Shimla Educational Society Trust applied to National Council for Teachers Education (for short NCTE), for running B.Ed. course in the name of .
Shimla College of Education in the year 2005. Thereafter, the Shimla Educational Society Trust executed lease deed dated 28.9.2006 giving half portion of land i.e. 4016 square meters to Shimla College of Education for running Teacher Training Courses viz., B.Ed., J.B.T., D.El.Ed., M.Ed. Etc. Subsequently, the Trust made addition of 1000 square meters in the built up area with separate entrance and infrastructure and began to run MBA course.
94 As regards the certificate issued by Architect N.K. Gupta of HPPWD unauthorizedly certifying the total built up area as 1617 sq.mtrs, it is averred that the SIT is guilty of presenting the incorrect picture with regard to the building plan as it has ignored the duly approved building plans submitted to the NRC/NCTE seeking recognition of D.El.Ed. Course having total built up area of 3985 sq.mtrs. A copy of the plan has also been annexed with the reply.
Thereafter, the institution has controverted the pointwise deficiencies as pointed out by the SIT alongwith material documents. Not only this, the institution has filed another affidavit.
::: Downloaded on - 18/12/2018 22:55:25 :::HCHP111 95 At this stage, we may note that some of the institutions have already approached the Himachal Pradesh University for initiating steps for conducting interviews and .
the University, in turn, has already drawn up a curriculum, as is evident from the affidavit filed on its behalf as available at Pages 13711393, 1400, 1403, 366 to 2740, respectively.
96 Thereafter, the institution filed another affidavit on 18.5.2018 wherein it was stated that the deficiencies pointed out by the SIT have already been adjudicated upon by this Court in CWP No. 1217 of 2016 titled Shimla Education Society Trust and another vs. National Council for Teachers Education and others vide judgment dated 8.11.2016 whereby the institutes were permitted to start the course in question i.e. D.El.Ed course for the session 2015 17 subject to their transferring the land and built up area thereupon in the name of the institution within a period of four weeks and the said directions were complied with within the stipulated period. A Review Petition No. 5 of 2017 was preferred by the NCTE/NRC for reviewing the aforesaid order which was dismissed vide order dated 12.6.2017. However, still the NCTE/NRC failed to issue letter of recognition for the D.El.Ed. course which compelled the institution to approach this Court by way of CWP No. 151 of 2017 and vide interim ::: Downloaded on - 18/12/2018 22:55:25 :::HCHP 112 order dated 18.1.2017 this institution was allowed to participate in the counselling for 1479 seats for private affiliated institutes, to be held by the H.P.Board of School .
Education.
97 Thus, it is contended that the SIT has raised totally frivolous and incorrect objections against this institution. It is further averred that subsequently the High Court of Delhi in its judgment dated 5.6.2017 rendered in WP(C) No.3976 of 2017 directed the NRC/NCTE to issue recognition order within four weeks and even the SLP No. 17013/2017 filed by NCTE against the aforesaid judgment was dismissed on 17.7.2017. It is thereafter clarified that Sheesh Ram, Patwari, Patwar Circle, Sanjauli, in the presence of the Trustee clearly pointed out that the building of the institute was situated over the land comprised in Khasra No. 38. However, for the reasons best known to it, the SIT called another Patwari, who had not even conducted any survey of the area and stated that the building was not situated over khasra No. 38 but the same was on some other khasra number. It has been clarified that Khasra Nos. 38 to 40 measuring 8;032 sq.mtrs. are in the name of Hill Grove Public School Vaitamam (through) Shimla Educational Society Trust and Dr.R.K. Shandil had already submitted the ::: Downloaded on - 18/12/2018 22:55:25 :::HCHP 113 copy of the supplementary Trust Deed No. 37/2010 executed by him on 7.1.2010, which has not been taken into account by the SIT while preparing the report whereby Khasra Nos.
.
4,8, 9, 10, 36, 41, total 6 plots measuring 6,908 sq.mtrs.
have been transferred in the name of Shimla Education Society Trust and now, even Khasra No. 38 measuring 6,383 sq.mtrs. stand transferred in the name of the Shimla College of Education vide supplementary trust deed No. 378 dated 9.12.2016, the mutation whereof also stands sanctioned being mutation No. 417 dated 12.12.2016.
98 It has further been averred that even the Principal Secretary (Higher Education), to the Govt. of Himachal Pradesh constituted an inquiry committee to enquire into the matter relating to the ownership and possession of the land comprised in Khata/Khatauni No. 99/226, Khasra Nos. 38, 39 & 40 measuring 8,032 sq.mtrs.
situated at revenue village Chamyana, Tehsil and District Shimla pursuant to the communication dated 24.3.2017 from the NRC/NCTE. The Committee found that the College building is over Khasra No. 8. Therefore, it is not understandable how the building is being found to have been constructed over different khasra numbers by different committees when the fact of the matter is that the building is ::: Downloaded on - 18/12/2018 22:55:26 :::HCHP 114 situated over khasra No. 38. That apart, since the entire land comprised in Khasra Nos. 4, 8, 9, 10, 38, 39, 40 etc. has already been transferred in the name of Shimla Education .
Society Trust (which is managing Shimla College of Education), therefore, the further question viz. over which of these khasra numbers the college building has been constructed, becomes immaterial.
99 At this stage, we may now advert to the inspection report of the Visiting Team (VT) NCTE conducted pursuant to the directions issued by this Court. The Committee has found the existing building to be situated in Khasra No. 38 and in the name of Shimla College of Education, which is an unit of Shimla Educational Society Trust. It has further been found that earlier lease deed has been cancelled and the land as well as the building has been transferred in favour of the Trust and reference has been made to the subsequent trust deed. However, the only exception taken by the Inspection Committee qua the land and building is that it is not clear where the building has been constructed i.e. over khasra No. 39 and 40 because as per the SIT report based on the document, the land bearing khasra No. 38 is vacant.
::: Downloaded on - 18/12/2018 22:55:26 :::HCHP115 100 As regards the allegation against Architect Naresh Kumar Gupta, Draughtsman of HPPWD, it has been specifically pointed out that the building plan has been .
prepared and building completion certificate was unauthorizedly issued by the said Architect to the Pradhan, Gram Panchayat, Chamyana, Shimla.
101 As regards the allegations of the building plan having been dishonestly and fraudulently submitted to the NCTE and AICTE to start B.Ed., D.El.Ed., and MBA courses after making some alterations/additions in his hands, the Visiting Team (VT) has categorically found the building to be having 4 blocks in which B.Ed. and D.El.Ed. courses were being run in accordance with law because as against the requirement of 4000 sq.mtrs. of built up area, the institution was having 4536.10 sq.mtrs. for B.Ed. and D.El.Ed. which is sufficient to run these two courses according to NCTE norms.
102 As regards the exception taken by the SIT to the Seminar Room which according to it was not having adequate furniture and the class rooms were also inadequate, it has been reported that the Seminar room was equipped with adequate furniture, public address system, black boards and ::: Downloaded on - 18/12/2018 22:55:26 :::HCHP 116 speakers and the institution was having more than 12 class rooms for teaching purpose.
103 As regards the allegation of the SIT that the .
Multipurpose hall is inadequate, it is reported that after inspection, the Multipurpose hall was equipped with 200 chairs with public address system and was found to be measuring more than 200 sq.mtrs.
104 As regards the area of Girls Common Room being inadequate and without facilities and there being no boys common room, it has been found that the Girls common room had cot with chairs, mirrors, almirahs with adjacent washroom and the boys common room was having the necessary furniture. The seating capacity of the library was found to be 50 as against the report of the SIT that sitting capacity was only 25. International and local journals, CD ROMS, magazines and news papers were found to be as per the norms. As per the SIT report, journals and CDROMS were not available and the library was also not maintained as per the norms.
105 As regards the OHPs, the Visiting Team found that ET lab has three OHP which were in working condition, psychology lab was well equipped with psycho tests and ::: Downloaded on - 18/12/2018 22:55:26 :::HCHP 117 usage of those by the students and social science lab was found to be fully equipped with teaching learning material.
106 As regards the deficiencies of Computer as .
pointed out by the SIT, the Visiting Team has found that the Computer lab was having 12 computers which were in working condition and the website of the college was also verified and found to be in working condition.
107 As regards the separate curriculum lab and Art and Craft resource centre being not available, the Visiting Team found the physical science lab, biology lab, chemistry lab, social science lab, language lab in working order and the craft resource centre was verified. Now, adverting to the report of the SIT regarding the separate health and physical education centre being unequipped, it has been specifically pointed out by the Visiting Team that the physical education centre was equipped with lot of sports material. Indoor and outdoor games were also available. Even the allegation that there was no parking space, was not found to be correct as the Visiting Team found small parking area to be available with the institute.
108 Noticeably, the institute has, after the inspection conducted by the aforesaid Visiting Team, filed a supplementary affidavit reiterating what all we have observed ::: Downloaded on - 18/12/2018 22:55:26 :::HCHP 118 above and in addition thereto, it has been submitted that the staff employed by the institute for teaching B.Ed. and D.El.Ed. courses has been duly approved by the H.P. .
University vide approval dated 15.7.2013, 24.8.2013, 24.11.2014 and 28.8.2017 (Annexure R14/E).
109 Having gone through the report of the SIT along with its recommendations, we are clearly of the view that most of the observations may have been true and even correct at the time when the SIT inspected the institutions in question. However, the same have lost their efficacy with passage of time, more particularly, when the Visiting Team after physical verification, has not concurred with the report so submitted by the SIT. That apart, most of the recommendations otherwise have lost their efficacy in view of the entire land now being transferred in the name of the trust, therefore, the request made by the SIT for registration of criminal case against Dr. R.K. Shandil, Founder Trustee cumChairman of the Society and Sh. N.K. Gupta, Architect for obtaining recognition/affiliation on the basis of false and fabricated documents, is totally illfounded and cannot be countenanced in view of the material that has otherwise come on record.
::: Downloaded on - 18/12/2018 22:55:26 :::HCHP119 110 Consequently, the recommendations/ objections/ suggestions etc. made by the SIT are overruled and the institute is permitted to continue with the course in .
accordance with law with a clear stipulation that all instructional deficiencies shall be removed by the next academic session and the concerned apex body shall be at liberty to inspect the institute at any time after the next academic session and take action, if any, as is called for or warranted in the given circumstances.
A a) 3: Deen Dayal Upadhayay, College of Education, Mehre, Badsar, Hamirpur.
111 The SIT on the basis of the preliminary inquiry, scrutiny of records and physical verification of the institute has drawn the following conclusion:
(i) The institute owns 173 sq.mtrs. of land stands in the name of Shri Ram Rattan Sharma, exMLA and his sons but the same had not been registered either in the name of the College or the Society. The built up area is also short to run two basic units of B.Ed. Course.
(ii) The claim made by the institute that they own 13 Kanal 3 Marla of land on which the institution was constructed appears to be false and incorrect inasmuch as the College had been built up on two Khasra Nos. 3340 and 3341, besides that a small portion of land is lying vacant.
::: Downloaded on - 18/12/2018 22:55:26 :::HCHP120 112 On the basis of the aforesaid conclusion, it has been prayed that since the institute lacks in basic infrastructure and instructional facilities to run two basic units .
of B.Ed. Course, directions be issued to NCTE and HPU not to extend any further recognition and affiliation to this institute.
However, the institute may continue to complete the course already started by them by it that the students, who had already been admitted, do not suffer.
113 The institute had controverted the allegations of the SIT by filing a reply (pages 65 to 116). However, the observations of the SIT have been rendered virtually inconsequential because of the inspection ordered by this Court to be carried out by the Apex body. Thereafter another affidavit was filed which is available at page Nos. 2119 to 2200. At this stage, we need not refer to them in view of the report of the Verification Team (VT) (pages Nos. 3496 to 3499) carried out pursuant to the report submitted to this Court. The VT members have, in fact, found the institute to be having land measuring 3525.48 sq. mtrs. as against the requirement of 3000 sq. mtrs. and built up area of 1961.76 sq.mtrs. as against the requirement of 2000 sq. mtrs., thereby completely rebutting the deficiencies as pointed out by the SIT. Even the other recommendations of the SIT have not been found to be ::: Downloaded on - 18/12/2018 22:55:26 :::HCHP 121 correct and the institute was only found to be lacking in instructional facilities, for which we have already granted time up to next academic session.
.
114 Apart from the above, the institute has also filed an application being CMP No. 7083 of 2018 (Page 6003 to 6021) for placing on record the additional documents whereby permission had already been sought from the State Government under Section 118 of the Himachal Pradesh Tenancy and Land Reforms Act, 1972, and directions for deciding the said application had already been issued by this Court to the Deputy Commissioner, Hamirpur to decide the application within the prescribed period and take decision by the next academic session.
115 Apart from the instructional deficiency, the institute is not lacking any other deficiency and, therefore, the recommendations of the SIT are set aside and, accordingly, the institute is permitted to run two courses subject to the removal of instructional deficiencies by the next academic session.
A a) 4: Sri Sai College of Education (B.Ed.), Kohla, Tehsil Nadaun, Hamirpur.
A a) 5: Sri Sai College of Education (B.Ed.), Kohla, Tehsil Nadaun, Hamirpur.
116 Since both these institutions have been closed down and there is no further permission sought for reopening ::: Downloaded on - 18/12/2018 22:55:27 :::HCHP 122 the same, we need not go into the report or recommendations of the SIT.
A a) 6: Himalayan College of Education, Vill. Pungh, .
Sundernagar, Mandi, H.P. 117 The SIT in its Progress Report No. 7 (pages 3 to
10), after scrutiny of the records and physical inspection of the institution, has pointed out the following shortcomings:
(i) The land on which the institute had been constructed is measuring 998 sq.mtrs. only (Khasra Nos. 1348 and 1349) which do not conform to the NCTE norms.
However, the Society claimed that they had another piece of land measuring 694 bighas i.e. 5226.14 sq.mtrs (Khasra Nos. 257, 264, 279, 289, 293, 306, 309 and
315) situated in Muhal Bhanglera on lease for 30 years by concealing the fact that this piece of land was situated at a distance of about 56 kms. from the said College building.
(ii) The institute totally lacks in terms of total area as well as built up area.
(iii) The institute is also lacking in infrastructure particularly about the furniture, fixtures, labs and other facilities like multipurpose hall, common rooms etc.
(iv) The institute lacks in instructional area inasmuch as the institute was without any eligible Principal and 50% of faculty members' post were lying vacant.
(v) The institute is not able to accommodate/educate 100 students inasmuch as they are totally lacking in the field of infrastructure as well as instructional area.
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(vi) The institute did not file the mandatory affidavit required to be uploaded on the website of NCTE as per NCTE norms till the date of inspection.
.
118 In this background, the SIT has prayed that since the institution lacks in infrastructural and instructional facilities and recognition and affiliation had been obtained by concealment of facts and submission of misleading affidavits, directions be issued to NCTE/HPU for cancellation of recognition and affiliation thereof after the present two batches pass out and no further admission be allowed for the Sessions 201719.
119 The institute prior, to the inspection being ordered by this Court, had filed its reply to the objections of the SIT, wherein it was averred that initially permission was granted for 100 seats of B.Ed., but later on permission was granted by the H.P. University to increase B.Ed. Course seats to 100+100 = 200 seats.
120 However, the fact remains that the College had admitted only 100 students and as per the admitted strength there is no deficiency in the infrastructure of the college.
Thereafter, the institute had submitted representation dated 25.08.2017 for reducing the intake of one unit i.e. 50 students and admitted only 50 students for the Sessions 201719.
::: Downloaded on - 18/12/2018 22:55:27 :::HCHP124 121 The institution later on filed supplementary affidavit wherein it was pointed out that pursuant to the inspection conducted by the VT of AICTE most of the objections .
as raised by the SIT were found to have been removed. It has been further averred that as per UGC norms total area required for B.Ed. Course is 2500 sq. mtrs. Out of the same, 2000 sq.mts. built up area is necessary, whereas the institution is having 2785 sq. mtrs. (998 sq. mtrs. on the basis of lease deed for the year 2008 and 1799 sq. mtrs. and lease deed dated 12.06.2018 and both these lease deeds were for the period of 30 years.
122 That apart, land measuring Khasra Nos. 1348, 1349 (in old lease deed) and Khasra Nos. 1330, 1333, 1339, 1352, 1353, 1355, 1356, 1362, 1364, 1365, 1366, 1367, 1376, 1377, 1380, 1381 and 1382 kitas 17 measuring 4382 sq. mtrs.
out of which Society had taken only 1999 sq. mtrs. Both pieces of land was taken on lease were adjoining to each other and institution has now about 1680 sq. mtrs. built up area and had also undertaken to remove the deficiencies by 31 st July, 2018.
123 As regards the inspection conducted by the VT, the same is available at pages 35023506 of the paper book, wherein the objections regarding area is stated to be partially ::: Downloaded on - 18/12/2018 22:55:27 :::HCHP 125 removed as the institution is now in possession of 998+1799 sq. mtrs. land on the basis of the lease dated 12.06.2018.
124 As regards the other deficiencies, except for .
instructional, the same are stated to be removed and it is reported that there is no INTERNET facility in the computer lab, and only 8 computers out of 11 that were available in the computer lab are in working condition.
125 The institution has thereafter controverted the report of the VT by filing supplementary affidavit wherein it is reported that institute is in possession of total area 2785 sq. mtrs., which though on private lease is of no consequence as the Society has already moved an application for grant of permission under Section 118 of the H.P. Tenancy and Land Reforms Act, in the year, 2009 and latter on when norms were amended in 2014, Society had again moved an application on prescribed form for grant of permission to purchase the aforesaid land. In support of such contention, both the applications have been annexed as Annexure R36/E. Now, since the institute has already moved applications for grant of permission under Section 118 of the H.P. Tenancy and Land Reforms Act, we otherwise really do not find any of the shortcomings of such nature that the institute cannot be permitted to run the courses. Accordingly, we permit the ::: Downloaded on - 18/12/2018 22:55:27 :::HCHP 126 institute to run these courses, however, subject to its fulfilling its infrastructural/ instructional facilities by the next academic session and by submitting the lease deed, after seeking .
approval from the State Government to purchase the aforesaid land, within six months. In the meanwhile, the State Government is directed to consider and decide the applications submitted by the institution as expeditiously as possible and in no event later than the next academic session.
A a) 7: Blooms College of Education, (B.Ed.), Village
Kot, Tehsil Balh, Distt. Mandi, H.P.
A a) 8:
Blooms College of Education, (D.El.Ed.), Village Kot, Tehsil Balh, Distt. Mandi, H.P. 126 The SIT in its Progress Report No. 7 (pages 20 to
26), after scrutiny of the records and physical inspection of the institution has come to the categorical conclusion that the institution lacks infrastructural as well as instructional facilities and therefore has sought directions to the NCTE and HPU for cancellation of recognition and affiliation after the present batches pass out, with a further prayer that no further permission be granted for the Sessions 201719.
127 The VT report qua these institutions is available at pages 35073510 and the only objection raised by the VT is that even though the college is having RCC building but the land was on private lease which was given to the Society in the ::: Downloaded on - 18/12/2018 22:55:27 :::HCHP 127 year 2006 and as per the NCTE Regulations 2002 and as per Regulations 2014, the institution must have its own land and building.
.
128 That part, it has been stated that as against the required built up area of 3500, the institution was having total built up area of 3140 sq. mtrs., as per the building completion certificate dated 02.01.2013, which according to us is more than sufficient.
129 In the given circumstances, the institution is afforded time up to the next academic session to remove the objections as raised by the VT or it shall be liable to be closed down and this fact shall be brought to the notice of all the students who have sought admission in this institution.
A a) 9: Himachal Institute of Education, c/o Solan Public School, Byepass Road, Solan.
130 The SIT in its Progress Report No. 7 (pages 94 to
101), after scrutiny of the records and physical inspection of the institute, has pointed out the following deficiencies:
(i) The institution is about 18 years old but no improvements have been carried out.
(ii) The land and built up area is too short and the institute was being run in a rented premises (which is owned by Shri K.L. Dhar himself) with a total area of 485 sq. mtrs only in utter violation of NCTE norms.
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(iii) This institution totally lacks in infrastructure, furniture, instruments, equipment and the basic facilities for B.Ed. Course are not available.
(iv) The institute also miserably lacks in instructional .
area as there was no Principal and only three faculty members were available who were not approved by HPU. Shri K.L. Dhar, Chairman of the Society aged about 92 years was himself looking after the work of the Principal. Besides that there is no supporting staff like Librarian, Technical Assistant, Lab Assistant and store keeper.
131 It has been prayed that since the institution totally lacks in infrastructure and instructional area and is unfit to run B.Ed. Course, therefore, no further admission be allowed to the institution and recognition and affiliation granted to them by NCTE/HPU be ordered to be cancelled after the present batch of students pass out.
132 In reply that was initially filed by the institution (pages 312 to 317) to the report of the SIT, it has been stated that previously the institution was running in two adjoining buildings having total covered area of 7514 sq. feet and now 3 rd building has also been added to run the college and is having covered area of 8281 sq. feet. All the three buildings were jointly owned by the Director of the Society and have been leased out to the Society.
::: Downloaded on - 18/12/2018 22:55:27 :::HCHP129 133 In addition thereto, it was pointed out that institution was having spacious library with more than 3000 books and besides this the institution was having auditorium .
with a stage to accommodate more than 125 persons and, therefore, fulfilled most of the infrastructural and instructional requirement as per the norms.
134 The VT in its report, which is available at page 3512 to 3516 has found that the institution was still running from the house and construction of the new building had not been completed and had, in fact, been delayed due to discrepancy in the revenue record. However, it was admitted that the construction was going on in full swing. It was found that no online journals and CDROMs were available.
135 On the direction passed by this Court, the Institute has filed the supplementary affidavit. From the perusal of the supplementary affidavit it is evident that the institute now stands shifted to new premises and there is no shortcoming insofar as the infrastructural facilities are concerned. Therefore, the institute is permitted to run its courses.
::: Downloaded on - 18/12/2018 22:55:27 :::HCHP130 A a) 10: Lakshay Institute of Education, Village Manjyat, Tehsil Arki, District Solan,H.P. 136 The SIT in its Progress Report No.8 (pages 18 to .
24) has pointed out following shortcoming/deficiencies: (I) The lease deeds executed for 30 years were cancelled without the knowledge of NCTE.
(ii) A new building under construction is incomplete and one floor in a semifurnished condition, is being used for running B.Ed. College.
(iii)The College premises shifted without the knowledge of NCTE.
(iv) No infrastructural facilities are available in the new building.
137 It has been prayed that since the institution totally lacks in infrastructure and instructional area and College building is still under construction, directions be issued to NCTE and HPU to cancel the recognition and affiliation of this institution and students be shifted to other Colleges.
138 Objections to the report of SIT have been filed by the institution (pages 33403380) wherein it has been averred that the institution has constructed building at Village Manjyat in Khasra No.438/180 (new Khasra Nos.804, 874 and 875) measuring 3084 square metres which is over and above the requirement of 2500 square metres. However, ::: Downloaded on - 18/12/2018 22:55:28 :::HCHP 131 it is not at all necessary to refer to the said objections in view of the report submitted by the VT wherein deficiencies as pointed out by the SIT with regard to the building and built .
up area have been stated to be removed and it has been pointed out that land at village Manjyat, Plot No.438/180, measuring 3085 square metres has already been registered under NCTE in the year 2008 and the building was already constructed over this land. However, it appears that the only objection by the NCTE qua this aspect of the matter is that the shifting of the institution to the new land and building premises has not been approved by the NCTE as the permission for the same was never obtained by the institution. However, this deficiency can ever be removed at any point of time. That apart, it has been reported in the inspection report that the multipurpose hall requires plastering and there was no internet connection since there was no broad band facility in this area. Rest are only instructional deficiencies for the removal of which we have already granted time upto the next academic session.
139 We may also point out that the institution otherwise has filed an affidavit/undertaking (pages 4234 4237) wherein it has been stated that the institution has already applied for change of premises and the NCTE Visiting ::: Downloaded on - 18/12/2018 22:55:28 :::HCHP 132 Team has inspected the new building of the premises and as regards deficiency of plastering and flooring of multipurpose hall, the same has been undertaken to be removed by 25 th .
July, 2018. As far as the INTERNET connection is concerned, Wifi Dongle of Reliance JIO has already been installed and even talks with the BSNL are going on. It is further averred that as against requirement of 1500 square metres for running of two basic units of B.Ed., the institute is possessed of 2500 square metres.
140 In light of what has come on record, the recommendations of the SIT obviously cannot be accepted.
Therefore, the institution is permitted to continue with the courses run by it subject to its removing instructional deficiencies by the next academic session.
A b) 1: H.P. Institute of Management Studies (M.B.A.) Mauja Majid, Totu, Shimla.
A b) 2: H.P. Institute of Management Studies (M.C.A.) Mauja Majid, Totu,Shimla.
141 As per report of the Special Expert Committee, no admission of students for academic year 201617 onwards for both MBA and MCA Courses have been made and there were only five students of MCA (A.Y. 20152016, who have appeared in their final examination in April, 2018 i.e. 6 th semester. Not only this, the institution has already applied ::: Downloaded on - 18/12/2018 22:55:28 :::HCHP 133 for closure of MBA and MCA Courses from the Academic Year 201819 to AICTE in January, 2018. That being the position, we need not delve into the report submitted by the SIT and .
accordingly, we close the matter qua these institutions.
A c) 1: Himalayan Polytechnic Kala Amb, District Sirmaur.
142 The SIT in its Progress Report No.7 (pages 124 to
131) has drawn the following conclusions against the institution:
(i)There is no demarcation of land for the Polytechnic.
All the institutions of the 'Maa Saraswati Educational Trust' are situated on Khasra No.390/109 without any demarcation. The whole area of Khasra number is measuring 41.2 bighas which is not sufficient even for the Engineering & Technology Institute, whereas, the Trust is running Polytechnic, Pharmacy, Computer Sciences, MBA, B.Tech., B.Ed., D.EI,Ed., LLB, Nursing, BBA and BCA institutes from the said Khasra No.390/109.
(ii) The administrative area is shared with the other courses. Some of the labs and workshop are being shared with B.Tech. Courses.
(iii) The Polytechnic lacks in infrastructure of class rooms, labs, workshop etc.
(iv) False and fabricated information has been uploaded on the web portal of AICTE for obtaining extension of approval for the year 201617.
::: Downloaded on - 18/12/2018 22:55:28 :::HCHP134 143 It has been prayed that since the institution lacks the infrastructure and instructional area, recognition and affiliation and extension of approval had been obtained .
on the basis of misrepresentation and submission of false information/documents/affidavits, therefore, directions be issued to AICTE/HPTSB to cancel the recognition and affiliation of the said Polytechnic after the present batches pass out. In addition thereto, it has been prayed that the acts of commission and omission concerning this Polytechnic and various other institutes being run from same land/campus may be looked into during the course of investigation of the case relating to approval of Himalayan Institute of Engineering and Technology.
144 It is not in dispute that only last batch of Polytechnic is being run in the institute and the AICTE otherwise has no objection to the closure of the Polytechnic.
As a matter of fact, this Court, vide its order dated 25.06.2018 had directed EVC to conduct fresh inspection of this institution and to file its report whether the infrastructure as possessed by the institution is sufficient and meets the requirement as envisaged under AICTE regulations so as to enable the students of 2 nd and 3rd years to complete courses/studies.
::: Downloaded on - 18/12/2018 22:55:28 :::HCHP135 145 The EVC submitted its report, according to which, available faculty and facilities are sufficient for the existing number of 2nd and 3rd years courses, especially .
keeping in view that the Polytechnic has already applied for the closure of the institution. As regards the other prayer of the SIT, we are not inclined to grant the same and this aspect of the matter, we will consider while dealing with other institutions run by 'Maa Saraswati Educational Trust'.
C a) 12: Himachal College of Education (B.Ed.), KalaDistrict Sirmaur.
C a) 13: Himachal College of Education (D.El.Ed.), KalaAmb, District Sirmaur.
146 The SIT in its Progress Report No.7 (pages 65 to
72), on the basis of physical inspection and after scrutiny of records, has concluded as follows:
(i) The institute totally lacks in infrastructure and built up area was being shared with Engineering, MBA, LLB and Nursing courses. In fact the total land and built up area was even deficient for B.Ed. and D.El.Ed. courses.
(ii) The labs were ill equipped and other faculties like Seminar room etc. were not available.
(iii) the institute did not have regular Principal/faculty members and none of them had been approved by HPU. Most of the faculty members were appointed in July, 2016 and were being shared for all the courses being run by the institute.
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(iv) Shri Rajnish Bansal, Chairman of the Trust had given two false affidavit dated 06.05.2013 and 30.11.2013 in which it had been misrepresented that the building was constructed on khasra Nos. 554/190, 555/190, 559/111 .
and 561/112 whereas in fact one building had been constructed only on khasra no. 390/109 which was being shared for B. Ed., D.El.Ed. Nursing, LLB and Engineering courses and there was no demarcation for any one of them.
147 On the basis of the aforesaid conclusion, it has been prayed:
(i) It is respectfully prayed that a criminal case may please be ordered to be registered either by CBI or State Vigilance & Anti Corruption Bureau, H.P. against Shri Rajnish Bansal and others for obtaining recognition from NCTE for D.El.Ed. course as well as B.Ed. course on the basis of false information/affidavits regarding the land and built up area and other infrastructure available with the Trust.
(ii) Since the institution totally lacks in infrastructure and the instructional area and recognition had been obtained on the basis of misrepresentations & submission of false information/documents/affidavits, directions may please be issued to NCTE/HPU to cancel the recognition & affiliation thereof.
C b) 4: Himalayan Institute of Management, KalaAmb, District Sirmaur,H.P. 148 The SIT in its progress report No.7 (at pages 140148) after scrutiny and physical inspection, have concluded as follows:
1. The Himalayan Institute of Management is run from Khasra No. 390/109 from where all other ::: Downloaded on - 18/12/2018 22:55:28 :::HCHP 137 institutes belonging to the trust are being run. There is no demarcation of land and building of this institute.
2. HIM College rooms are being shared with B.Tech.
Institute as well as BBA/BCA courses and there is no .
separate building exclusively for MBA.
3. There is shortage of class rooms. The conference room/seminar hall, reception office, placement office, canteen, office all inclusive, store room etc. are shared with the other courses.
4. There is no common room for boys and the girls.
5. There is acute shortage of senior faculty as well as Asstt. Professors.
6. There is an acute shortage of books in the library.
149 On the basis of the aforesaid conclusion, it has been prayed that :
i. A criminal case be ordered to be registered either by CBI or State Vigilance and Anti Corruption Bureau, Himachal Pradesh against the trustees of the Trust and others for obtaining recognition/affiliation from AICTE/HPU/HPTU on the basis of false information/affidavit regarding the land and built up area and other infrastructure available with the Trust. ii. Since the Institution lacks in infrastructure and the instructional area and recognition and affiliation had been obtained on the basis of misrepresentations and submission of false information/documents/affidavits,directions may be issued to AICTE/HPTU not to grant further extension of approval and institute ordered to be closed after the present batches pass out.::: Downloaded on - 18/12/2018 22:55:28 :::HCHP
138 C b) 5: Himalayan Institute of Engineering and Technology, Kala Amb, District Sirmaur, HP
150 The SIT in its report (at pages 149161) after .
inspection report has concluded as follows:
1. False and forged documents about the ownership and possession of land to start Himalayan Institute of Engg. & Technology were used for obtaining recognition/approval of AICTE and the affiliating University.
2. One and the same building was fraudulently shown to different authorities for obtaining recognition/approval for different courses like LLB, B.Ed, D.EI.Ed,MBA,BBA/BCA,B.Tech & Nursing etc. projecting the same to be the college building for that very course.
3. No common Rooms have been provided for Boys and the Girls.
4. There is acute shortage of labs in as much as against the requirement of 50 labs only 24 are available. The workshop is smaller in size. Various facilities like canteen, labs, administrative office, placement office, reception office etc. are shared with other courses. The library is having an area of 182.75 sq. mtrs as against a requirement of 400 sq.mtrs. There is shortage of classrooms and tutorial rooms.
5. False and fabricated details/information about infrastructural and instructional facilities available with the institute has been uploaded on the web portal of AICTE to obtain extension of approval for the year 20162017.::: Downloaded on - 18/12/2018 22:55:29 :::HCHP
139 151 On the basis of the aforesaid conclusion, it has been prayed that:
i. A criminal case may please be ordered to be .
registered either by CBI or State Vigilance and Anti Corruption Bureau, Himachal Pradesh against Shri Rajnish Bansal and others for obtaining recognition/affiliation from AICTE/HPU/HPTU on the basis of false information/affidavit regarding the land and built up area and other infrastructure available with the Trust.
ii. Since the Institution lacks in infrastructure and the instructional area and recognition and affiliation had been obtained on the basis of misrepresentations and submission of false information/documents/affidavits,directions may be issued to AICTE/HPTU to cancel the recognition & affiliation of this institute in respect of all the engineering course after the present batches pass out.
It is also brought to the notice of this Hon'ble High Court that despite repeated written as well as oral requests the Secretary (Revenue), Govt. of Himachal Pradesh has not handed over any records relating to grant of permission to purchase land u/s 118(2) of the HP Tenancy & Land Reforms Act,1972 to various private Societies/Trusts to establish educational institutions in the State of Himachal Pradesh. These files are an integral part of this enquiry as the various Societies/Trusts may have furnished false and fabricated information to the Government in order to fraudulently obtain the said permission.::: Downloaded on - 18/12/2018 22:55:29 :::HCHP
140 Further enquiry in respect of the remaining private institutes is continuing.
152 Before we take up the observations and conclusions made by the SIT, it would be noticed that all .
these institutions are being run by Maa Saraswati Education Trust, which is admittedly owner in possession of the total land measuring 126.14 bighas situate in Mauja Ogli and Mauja Khairi, Tehsil Nahan, District Sirmour, H.P. The details of the institutions standing uopn land in Mauja Ogli are as under: Sl. Name of College/Institutions Area (in sq. No. mts.) 1 The H.P. College of Education for 5890.00.
B.Ed. and D.El.Ed.
2 Himalayan Institute of 11200 Engineering and Technology 3 Himalayan Institute of 2515.00 Management (MBA) 4 Himalayan Institute of Computer 2403.00 Science (MCA) 5 Himalayan Institute of Pharmacy 3530.00 6 Himalayan Polytechnic (under 8460.00 closure) as no fresh admission taken for the Academic Session 201819. total Number of current students numbering 104 in 2nd year and 3rd year are to pass out, whereafter the same will be closed.
7 Girls Hostel 1 and 2 9401.00 8 Boys Hostel 1 and 2 9305.00 9 Law Block 2250.00 ::: Downloaded on - 18/12/2018 22:55:29 :::HCHP 141 10 Total Area 54954 or 591360 sq. ft.
.
153 The land is situated in two parcels. One parcel measuring 53.19 bighas and 13.06 bighas (measuring in total 66.25 bighas), which are absolutely contiguous to each other. The educational institution has been established and running on this piece of land. The other parcel of land measuring 59.09 bighas is situated in Mauja Khairi, Tehsil Nahan at a distance of 1.5 kms and is used for the purpose of playground and hostel.
154 Evidently, there are group of colleges being run by the same society and the VT of the NCTE has physically inspected the premises of the institution on 11.06.2018 and submitted its report (pages 31353137) wherein it has not noticed any deficiency whatsoever and has separately appended 11 notes at the end of the report, which read thus:
1. As per new resolution taken by management on 15.12.2017, khasra no. 390/109, it is mentioned for B.Ed. and D.El.Ed. courses an TEIs. In site map and building plan. Documentation shown as (a) for both these courses, land use certificate from panchayat and building plan approved by the competent authority also allowed.
2. As per site map and building plan, area shown as (a) the building is constructed on Khasra no. 3920/109 only and ::: Downloaded on - 18/12/2018 22:55:29 :::HCHP 142 documentation have been done for B.Ed. and D.El.Ed., Nursing, MBA etc. separately.
3. Total built up area as per site map building plan for both the courses is 5890 sq. mtrs. (Ground floor to 3rd floor) and .
the total land used for building is 4873.70 sq. mtrs.
4. While applying by the college to the NCTE about the khasra no. 559/190, 555/190, 559/111 and 561/112 was bonafide mistake by the authority the undertaking by the authority is allotted for compliance.
5. Well equipped seminar room is available with computer, OHP and LCD projectors etc.
6. The multipurpose hall having near about 150 seating capacity provided with public address.
7. The girls common room having seating facilties adequate furniture with games is available.
8. The seating capacity of the library is about 50 and it is more than sufficient for the strength of 100 (50+50) students. Total books are 5496 under title 2161 are available and online journal are available and books purchased in current academic session for Rs.60,000 on 06.01.2018. The purchase bill is attached.
9. Curriculum labs for Social Studies, Math, Science and Humanities, Health physics, Arts and craft are available with adequate TLMS.
10. As per plot no. 1.
11. New principal appointed on 06.01.2018 and joined Dr. Nisha Sharma having approved as principal from her previous college and now applied to the HP University for new approval as principal of this college, the copy of which is allotted. At present there are 23 faculty members out of what one has net qualified and one having Ph.D. and one faculty has M.Phil. Other faculty have desired qualification as per NCTE and UGC norms. They are going consolidated ::: Downloaded on - 18/12/2018 22:55:29 :::HCHP 143 salary from banks (PNB, SBI, OBC) starts from 21,600/ to Rs.40,000/.
155 It would be noticed that one of the main .
objections of the SIT was with regard to sharing of the facilities by various courses, however, no objection to common facilities being shared can be now taken in view of the judgment rendered by this Court in CWP No. 1102 of 2018, titled H.P. Private B.Ed. Colleges Welfare Association vs. National Council for Teacher Education and others, decided on 14.9.2018.
156 The conclusions drawn by the SIT, insofar as it relate to the instructional deficiencies are concerned, the same have been removed and are otherwise deemed to have been removed not only on account of closure of various courses, but also on account of this Court having permitted sharing of the ultrastructure.
157 As regards recognition and affiliation having been obtained by falsehood, we really see no reason or occasion for carrying the matter any further and deem it proper to give a quietus to the issue. Ordered accordingly.
158 In addition to the above, we also find that the society has annexed thereof the site plan reflecting the ::: Downloaded on - 18/12/2018 22:55:29 :::HCHP 144 separate blocks of various institutions that are being used by the Trust for conducting different courses, wherein the detailed floor wise plans have been annexed. In addition .
thereto the purchase order of certain tax invoices have been annexed which clearly indicate and go to show that there is no shortcoming in these institutions.
159 Accordingly, after having gone through the reports submitted by the SIT and VT and reply/affidavits filed thereto by the Society, the courses being currently run by the Society ought to be permitted, subject to the Society removes the deficiencies in instructional facilities by the next academic session. Ordered accordingly.
B a) 1: Jupiter College of Education, Mairi, Tehsil Amb, Una.
160 On the basis of the scrutiny of the records and physical inspection, the SIT in its report (pages 16 to21) has drawn the following conclusions:
(i) That the building of the said College had been constructed on Khasra Nos.4212 and 4211, out of which land on Khasra No.4211 was not owned by the Trust and stood in the name of Smt.Manjit Kaur Panesar, a trustee and widow of late Shri Balbir Singh Panesar.
(ii) That the Seminar Room was not available.
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(iii) That there were no proper boys and girls common rooms.
(iv) That the library was not fully equipped with the books, photocopying machine and computer with .
internet facility.
(v) That the Health and Physical Education Lab, Arts and Crafts Lab, Computer Lab, Language Lab and ET/Psychology Lab needed to be established/ revamped.
(vi) That the Principal and other faculty members need to be appointed with the approval/concurrence of H.P. University as per norms and they needed to be paid as per UGC/State pay scales.
(vii) That the other supporting staff like Office Assistant, Store Keeper, Technical Assistant, Lab Attendant, Computer Lab Attendant needed to be appointed as per norms.
161 It was prayed that the directions be issued to H.P. University and NCTE not to allow any further admissions from the next session till all the deficiencies as pointed out in the report are complied with by the institution with a view to impart quality education to the students in Himachal Pradesh.
162 In compliance to the directions passed by this Court, the VT in its report (pages 31723175) has not concurred with the deficiencies as pointed out by the SIT and has rather stated that all these deficiencies stand ::: Downloaded on - 18/12/2018 22:55:29 :::HCHP 146 removed. The only objection is with regard to play ground and parking not being spacious and the payment being not made to the staff as per NCTE norms. In addition thereto, .
the required land has not so far been transferred either in the name of the Trust or in the name of the institution and the area of 1938 square metres as against requirement of total area is not sufficient as per norms.
163 As regards the instructional deficiencies, obviously, they have to be complied with as was pointed out by the SIT, by the next academic session.
164 At this stage, we may notice that the institution has filed supplementary affidavitcum undertaking wherein it is pointed out that in addition to the land measuring 1938 square metres, there is another piece of land comprising Khewat No.451, Khatauni No. 553, Khasra No. 4211, measuring 000566 hectare, situated at Up Mohal Meri Khas, Tehsil Amb, District Una, in the name of the Chairperson of the Trust Smt. Manjit Kaur and the building of the College is standing over Khasra Nos. 4211 and 4212.
As regards Khasra No.4211, the same was purchased after obtaining permission under Section 118 of the H.P. Tenancy and Land Reforms Act, in the name of Smt. Manjeet Kaur and the institute was under the bonafide belief that the ::: Downloaded on - 18/12/2018 22:55:30 :::HCHP 147 above mentioned land could not be transferred in the name of the institution. However, now Smt. Manjeet Kaur has filed two applications dated 16.07.2018 for transfer of the .
land in the name of the institution i.e. Jupiter College of Education, Meri, Tehsil Amb, District Una and copies of such applications have been enclosed with the supplementary affidavit (pages 59916002).
165 Thus, in view of the aforesaid report of the VT coupled with the undertaking furnished by the institution, the recommendations of the SIT cannot be accepted since Manjeet Kaur has already moved applications seeking permission under Section 118 of the H.P. Tenancy and Land Reforms Act for transferring the land in the name of the institution. We direct the State Government to consider and take decision on the said applications as expeditiously as possible and in no event later than the next academic session.
B a) 2: Shiksha Bharti B.Ed. College, Kotla Khurd, Una.
B a) 3: Shiksha Bharti Institute of Education and Research (ETTE/D.El.Ed.), Samoor, Khurd.
166 On the basis of scrutinization of the records and physical verification, wrongly mentioned as Jupiter College of Education, Mairi, Tehsil Amb, the SIT in its progress report ::: Downloaded on - 18/12/2018 22:55:30 :::HCHP 148 No.5 (Pages 2230) has drawn the following conclusions against these institutes:
(i) The land was not registered in the name of .
Shiksha Bharti B.Ed. College, but stood in the name of Sh. Nirmal Thakur, who had further leased out the same to Shiksha Bharti for a period of 30 years, whereas, as per the NCTE Regulations, the title of the land was to be transferred in the name of the College..
(ii) The total covered area of the college was only 1507.03 sq.mtrs. as against the requirement of 3500 sq.mtrs. in respect of two units of B.Ed. (1500 + 500) and one unit of D.El.Ed./JBT (1500 1500 sq.mtrs.).
(iii) No Seminar Room , Boys Common room and proper Girls Common Room were available.
(iv) The library had a total area of about 859.11 sq. ft. as against a requirement of 1000 sq.ft.and that out of total available area of 859.11 sq.ft. for the library, an area of 191 sq.ft. was being used for dumping old furniture and other materials. Further, there was a shortage of books inasmuch as only 4975 books were available against a total requirement of 7600 books and even amongst the available books some of them are not related to the course being taught in the College.
(v) Health and Physical Education Lab and Art and Craft lab were not available. The computer lab was short of computers as only six computers working against the requirement of 30 and in language lab the instruments were out of order with no computer server with language lab software was available.
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(vi) The Principal was of officiating basis for the last 10 years but not have any Ph.D. degree and had not been approved by the H.P. University. Further, against the requirement of 10 pedagogy lecturers and two .
instructors, there was three Assistant Professors not approved by the H.P. University, out of which, two were ineligible. Only two teachers were teaching the D.El.Ed. students and no supporting staff i.e. Office Assistant, Store Keeper, Technical Assistant, Computer Assistant and Laboratory Attendant were available.
167It is accordingly prayed that directions be issued to the H.P. University and Council for NCTE not to allow any further admissions from the next sessions till all the deficiencies pointed out in this report are complied with by the institution with a view to impart quality education to the students in Himachal Pradesh.
168 The institutes initially filed their response (pages 14421513) to the report of the SIT wherein it is averred that at the time of starting of the institution in the year 20022003, the provision of the land on lease basis for 30 years was available and it was only thereafter that NCTE issued new regulations wherein the provision of taking the land on lease basis for 30 years has been removed and in case of lease the same is only permissible from the Government. It was further averred that in the year 2009, the ::: Downloaded on - 18/12/2018 22:55:30 :::HCHP 150 institution had applied for permission to start M.Ed. Course but the same was denied on the ground that the land was not registered in the name of the Society, even though the same .
was on lease basis for 30 years. Accordingly, the institution filed an application dated 27.5.2009 before the Deputy Commissioner, District Una, H.P. to convert the lease deed into a sale deed and the matter remained pending consideration before the Deputy Commissioner for a long time and finally vide letter dated 2.2.2010 the Deputy Commissioner informed the institution that there was no provision to convert the lease deed into sale deed and directed it to apply afresh and accordingly a fresh application was made to Deputy Commissioner, Una on 18.10.2011. It is also averred that the institution has already filed CWP No.4995 of 2013 against the decision of the NCTE not to grant the permission for M.Ed. Course on the ground that the land is not registered in the name of the Society, though the same was on lease basis for 30 years. It has further been averred that the institution has already applied for permission under Section 118 of the Land Reforms and Tenancy Act, 1972, which is under process with the State Government and the institution has given an undertaking that immediately after getting the aforesaid permission, the ::: Downloaded on - 18/12/2018 22:55:30 :::HCHP 151 institution would cancel the lease deed and get the land registered in the name of the Society. It has further been submitted that initially the NCTE had granted permission for .
one unit of B.Ed. course and one unit of D.El.Ed. course, but in the year 2015, the authorities increased the duration of academic session of B.Ed. course from one year to two years.
By virtue of this change, the requirement of constructed area became double i.e. 3000 sq.mtrs. It is averred that after the inspection by the SIT, the institution is making all out endeavours to meet out the deficiencies and has even started new construction having two floors with covered area of 557 sq.mtrs. Each, which comes to 1104 sq.mtrs. and the work on the second floor is in progress and would be completed within one month, whereas the first floor is ready for use. It has then been averred that shortly, the institution(s) would be having a built up area of 3500 sq.mtrs. as against the requirement of 3000 sq.mtrs. and as regards the other deficiencies, the majority of them have been removed by raising new construction and at the same time, photocopier machine, two new computers and certain online journals have already been purchased.
::: Downloaded on - 18/12/2018 22:55:30 :::HCHP152 169 As regards instructional deficiencies, we have already granted three months time to the institutions to remove the same by the next academic session.
.
170 The Visiting Team (VT) (Pages 31823187), pursuant to the directions passed by this Court inspected the aforesaid institution(s) on 12.6.2018 wherein it has been submitted that construction of new premises is under process and currently, as against the requirement of 3500 sq.mtrs., the institution has a built up area of only 1660 sq.mtrs. It has also been pointed out that there was no Boys Common room and no facility is available in the room marked as Girls Common room as there was no toilet and sitting chairs. It has also been pointed out that online journals, CDROMS are available in the library and the curriculum lab is also not in proper condition. Like other institutions, instructional deficiencies in terms of NCTE regulations have also been pointed out.
171 The institute after the inspection has filed the affidavit cumundertaking (pages 44764515) wherein undertaking qua Section 118 of the Himachal Pradesh Land Reforms and Tenancy Act, 1972 has been reiterated. It is also pointed out that now after the inspection by the SIT, the girls common room as well as boys common room are having ::: Downloaded on - 18/12/2018 22:55:30 :::HCHP 153 attached toilet and even the furniture requirements have been made good. Not only this, a space of 192 sq. ft. which earlier was being used for dumping, has been vacated and .
now is usable area of the library of 1087 sq. feet. Even the sitting capacity of the library has been increased to meet the requirement of 50 students. Not only this, the institute has purchased 3675 new books and now the total books available with the institute are 7775. The Art and Craft lab and health and physical education lab is available with all necessary equipments. As of now, 33 computers are available in the computer lab as 22 new computers have been purchased and six computers have been repaired and are functional while six computers are already functioning as noticed by the SIT during this inspection.
172 The curriculum lab is available and is functional. The multipurpose hall has also been constructed after inspection made by the SIT and is fully functional with all equipments.
173 As regards the instructional deficiencies, the institute has given undertaking that the nonteaching and teaching staff will be appointed in accordance with law and regulations and they shall be paid as per these ::: Downloaded on - 18/12/2018 22:55:30 :::HCHP 154 regulations and EPF shall also be deducted in accordance with the Rules.
174 Thereafter, the institution filed yet another .
supplementary affidavit (Pages 59725990), wherein they pointed out that the construction as has been raised is likely to be completed in near future and, therefore, the institution should be granted affiliation/recognition and the courses run by it may be permitted to be continued.
175 Admittedly, the case of the institution for having the land transferred under Section 118 of the Act is pending consideration before the State Government, therefore, we direct the State Government to decide the application as expeditiously as possible and in no event later than commencement of the next academic session. In the event of the permission being granted and if such permission is not accorded, then the NCTE is directed to carry out fresh inspection to find out whether the infrastructural and instructional facilities as are available to the institutes made to the NCTE norms or not and take a decision accordingly.
In case the construction being raised by the institution is likely to be completed by the next academic session, then the time for the same shall be granted to these institutes and if any violation is found only then, further coercive steps shall ::: Downloaded on - 18/12/2018 22:55:31 :::HCHP 155 be resorted to. Till then the institutions are permitted to carry on with the courses run by them.
B a) 4: Laureate Institute of Education and Training, .
Bharari, Shimla.
176 The SIT in its 5th progress report (pages 5055), has categorically concluded that this institute meets with the requirements of ISO9001:2008 which is valid upto 3.12.2018 and further the institute has also been accredited by CGPA with a score of 2.33 on 4 point scale at 'B' grade with validity upto 4.7.2017. Lastly, it was averred that during the inspection, the institute appeared to be in satisfactory condition, even though certain minor discrepancies have been pointed out in the earlier part of the report, however, the institute in its reply (pages 782794) has controverted all these shortcomings as pointed out by the SIT. However, we need not refer to the reply in view of the report of the V.T. (pages 30293031) wherein no deficiencies insofar as infrastructure is concerned, have been found. However, as regards the instructional facilities, time has already been granted to these institutions to remove those deficiencies by the next academic session.
177 Noticeably, there is another inspection report available on record that was submitted in the open court on ::: Downloaded on - 18/12/2018 22:55:31 :::HCHP 156 13.7.2018 wherein again no substantial deficiencies have been pointed out. As there are no deficiencies, therefore, this institute is permitted to run the courses.
.
B a) 5: Sai Saraswati Institute of Teachers Education, Karechi, Sangti, Shimla.
178 The SIT in its progress report No.5 (Pages 5661) on the basis of the physical verification and on the basis of the record, has concluded that the institute lacks in both infrastructural and instructional facilities. The basic requirements for B.Ed. course as laid down in NCTE norms of 2014, have not been met. The building is still under construction. The equipments in the various labs were totally insufficient, old and obsolete and deserves to be weeded out. Even the approach road was not available and the kuccha path leading to the college was dangerous. The institute was not fit enough to run even one unit of 50 students of B.Ed. course. It was accordingly prayed that since the institution lacks in infrastructural and instructional areas, therefore, directions be issued to NCTE/HPU not to allow any further admissions to B.Ed.
course till the bare minimum norms/standards laid down by the NCTE in the year 2014 to run one unit of B.Ed. course, are fulfilled.
::: Downloaded on - 18/12/2018 22:55:31 :::HCHP157 179 The institution initially filed its response to the observations of the SIT (pages 17051748) wherein it is pointed out that it is Sai Saraswati Institute for Teacher .
Education (B.Ed. College), who is owner of the land after deed of rectification having been duly registered with the Sub Registrar, Shimla (Rural) under registration No.13400/2010 dated 21.7.2010. It is further pointed out that as regards the infrastructural facilities, the institute has built up area of 1559.32 sq.mtrs. The institute has two buildings but the inspection team measured and took into consideration the area of only one building. Thus, the objection of built up area is not tenable.
180 As regards the other deficiencies, it is pointed out that the institute is having proper furniture in the seminar room. Its multipurpose hall is in accordance with the norms of NCTE and it is equipped with furniture, dais and public address system. The answering institute has been allowed admission of one intake of students which is for 50 students only and 2000 sq.ft. is requirement for two intake i.e. 100 students, whereas for one intake i.e. 50 students at a time, the requirement of multipurpose hall is only 1000 sq.feet.
::: Downloaded on - 18/12/2018 22:55:31 :::HCHP158 181 As regards the deficiencies of photocopier, computer, CDROMS, NCTE and international journal, the same are available. The Art and craft lab are well equipped .
and now even a proper road has been constructed upto the institute.
182 As for the instructional facilities, obviously the same exist, but like other institutions, this institute is also directed to remove the same by the next academic session or else consequences shall follow. The institute in question, pursuant to the orders passed by this Court on 13.6.2018, was inspected by the V.T. (Pages 30323034) and no instructional deficiencies have been found, rather it is found that the college has made sincere effort to fulfill NCTE norms such as improvement in number of teaching faculty, library resources, curriculum resource, music and drama and INTERNET facility. Observation has also been made that at the time of interaction with the students, it was found that the class room instructions and the use of library were very satisfactory.
183 We also noticed that after the report of the V.T., as aforesaid, the institution has itself filed an affidavit by way of undertaking, to the effect that intake of 50 students i.e. of one unit for 2 years B.Ed. course will be continued in future ::: Downloaded on - 18/12/2018 22:55:31 :::HCHP 159 from the present building and infrastructure and deficiencies, if any, shall be removed, if so directed by this Court.
.
184 However, as observed above, no substantial deficiencies have been found with regard to this institution running the course of B.Ed., therefore, it is permitted to continue, however, subject to its removing all the instructional deficiencies by the next academic session.
B a) 6: Indian Institute (B.Ed. and M.Ed.) Hari Devi, Gahanatti, Shimla.
B a) 7: Indian Institute of (D.El.Ed.) Hari Devi, Gahanatti, Shimla.
185 The SIT in its 5th progress report (pages 6268) after going through the records and inspecting the institute, has come to the conclusion that the institute had been inspected in the year 2012 by the National Assessment and Accreditation Council and accredited CGPA of 2.54 on four point scale at 'B' Grade, valid upto 20.4.2017. However, the institute totally lacks in instructional area inasmuch as there are only 9 faculty members in position as against the requirement of 34 for D.El.Ed., B.Ed. and M.Ed. Courses as per the NCTE regulation. These faculty members are being shared for all the aforesaid courses. Accordingly, it has been prayed that since the institution totally lacks in the ::: Downloaded on - 18/12/2018 22:55:31 :::HCHP 160 instructional areas, directions be issued to NCTE/HPU not to allow any further admissions to D.El.Ed., B.Ed. and M.Ed.
Courses till the bare minimum norms/standards laid down .
by the NCTE in the year 2014 on the instructional side to run the aforesaid three courses are fulfilled.
186 The report submitted by the SIT has been contested by the institution by filing reply (Pages 10241091), wherein it has been pointed out that the institution is running B.Ed. course with two units of 50 students each as well as JBT course with 50 students and M.Ed. Course with 35 students. The permission to run these courses was allowed at the time when the NCTE (Norms and Standards for Teacher Education Programme),2001 were prevalent and in terms thereof, there was no requirement of specific land area or built up area in the said norms and only the requirement was that there must be provision for adequate number of class rooms, hall,library space for conducting instructional activities for approving intake of 100 students, separate rooms for Principal, faculty members, office for administrative staff and stores. Besides, the size of all the instructional spaces were prescribed to be not less than 10 sq. feet per student. Library was required to be equipped with text and reference books, encyclopedia and journal etc., The ::: Downloaded on - 18/12/2018 22:55:31 :::HCHP 161 playground for games facilities was required. However, the alternate arrangements could be made with the attached school/college and in case of scarcity of space, the facilities .
of yoga, indoor games could be provided. The building and outdoor space was required to be provided in the land owned by the management either on ownership basis or long term lease. However, to begin with, the institute could provide this facility in temporary premises for a maximum period of three years during which time the institute was to shift to its own permanent location. The institute was required to provide Science laboratory in either of the institution or attachment with the school/college with the requisite apparatus. The Psychology lab with certain prescribed texts, hardware and software facilities as well as technology lab were also prescribed. It is thereafter that the norms of NCTE were amended and notified in the year 2014 wherein the requirement of the land is 3000 sq. mtrs. for B.Ed. and JBT courses and constructed area was to be 3000 sq.mtrs. and for M.Ed. course further 500 meters. However, the size of any particular room was not specified except for some specified activity. It was averred that the institution possesses all the essential facilities for B.Ed., JBT and M.Ed.
courses. Lastly, it is averred that all the deficiencies as ::: Downloaded on - 18/12/2018 22:55:31 :::HCHP 162 pointed out by the SIT have been rectified and reported to the Member Secretary, NCTE vide letter dated 25.11.2016 and the latter has accepted the said affidavit and has issued .
directions qua admitting the students in B.E. course for academic sessions 20172019.
187 It would be noticed that one of the main objections of the SIT was with regard to sharing of the facilities by various courses, however, no objection to common facilities being shared can be now taken in view of the judgment rendered by this Court in CWP No. 1102 of 2018, titled H.P. Private B.Ed. Colleges Welfare Association vs. National Council for Teacher Education and others, decided on 14.9.2018.
188 Apart from above, it would be noticed that pursuant to the directions passed by this Court, the institute was inspected by the V.T. on 12.6.2018 and no substantial infrastructural deficiencies have been found, rather all deficiencies as pointed out by the SIT have been removed.
Therefore, the institute is permitted to run the courses subject to its removing the instructional deficiencies by the next academic session.
::: Downloaded on - 18/12/2018 22:55:32 :::HCHP163 B a) 8: Shanti Alya Institute of Education and Training of B.Ed., Rampur Keonthal, Tehsil and District, Shimla.
B a) 9: Shanti Alya Institute of Education and .
Training of D.El.Ed., Rampur Keonthal, Tehsil and District, Shimla.
189 The SIT in its 5th progress report (pages 6974) after physical inspection and verification of the records has come to the following conclusions:
(i) As per the norms laid down by the NCTE in 2014, the total required area for B.Ed. course was 2500 sq.mtrs. against which the institute was having 10932 sq.mtrs. of land. Further, as against a requirement of built up area of 1500 sq.mtrs., the institute was having a covered area of 2090.60 sq.mtrs. excluding old administrative block with a built up area of 159.23 sq.mtrs. and Ashirwad Bhawan (Hostel) with a built up area of 684.64 sq.mtrs.
(ii) The faculty members are deficient in as much as the Principal had not been appointed/regularised as per the NCTE/HPU norms and there are 6 faculty members in position as against a requirement of 16.
190 It has been prayed that the deficiencies in the infrastructural and instructional areas be brought to the notice of NCTE and the same be directed to be removed.
191 The institute in response to the report of the SIT has filed the reply (pages 722 738), however, we need not to ::: Downloaded on - 18/12/2018 22:55:32 :::HCHP 164 refer to the same as admittedly, thereafter the institute was inspected by the V.T. (pages 30383039) pursuant to the directions passed by this Court on 13.6.2018 and the only .
deficiency that was pointed out was that the multipurpose hall was having G.I. sheet roof fixed to iron angles. However, we really do not find the objection raised by the V.T. to be sustainable in view of the undertaking given by the institution whereby it has undertaken to provide a sound proof roof in the multi storeyed building, for which the expenditure stands approved. Now as regards the instructional deficiencies, this institute, like other institution(s) is directed to remove the same by the next academic session or else consequences shall follow.
B a)10: H.P. College of Education, Airport Road, Mauja Majid, Totu, Shimla.
192 The SIT in its 5th progress report (pages 8489), after scrutiny of records and physical inspection of the Institute came, to the following conclusions:
i. The building of the Institute had been constructed as per plan prepared by the Architect, Sh. Sachin Mishra and approved by Nagar Panchayat, Totu, Shimla, except some modification. ii. There was no approach road to the Institute and one has to climb to a height of about 100 ft. through kacha steps/foot path to reach the ::: Downloaded on - 18/12/2018 22:55:32 :::HCHP 165 building from the highway and the building was not disabled friendly. Sh. Pushpinder Rawat, Managing Director of the Institute, informed that the matter had since been taken up with the PWD .
authorities for construction of an approach road.
iii. Though two separate blocks had been constructed for B.Ed course and MBA/MCA courses yet the H.P. Studies of Management Institute was shifted to B.Ed. Block and B.Ed course shifted to MBA/MCA block as there had not been any admission to MBA/MCA course for the sessions 2015 onwards.
193 It is accordingly prayed that the deficiencies in the infrastructural and instructional areas be brought to the notice of the NCTE so as to direct the Institute to comply with the same.
194 The Institute has filed its response to the report submitted by the SIT (pages 804814), wherein, it is pointed out that the SIT assisted by the staff of HP PWD had inspected the premises of the Institute and found practically no deficiencies. It has further been averred that even though the SIT had noted that at the time of inception of the Institute, as against requirement of 1500 sq.mts, was having a covered area of 1221.21 sq. mts., however, now at the time of inspection of the SIT, total built up area was found to be 2508 sq.mts. and in addition thereto, the Institute is having ::: Downloaded on - 18/12/2018 22:55:32 :::HCHP 166 fully equipped multipurpose hall with an area of 3730 sq.feet, which was earlier being shared by MBA/MCA students, but the said courses have been closed down and .
now, the same shall be used specifically only for B.Ed.
Courses. As regards the approach road, the Institute has already a jeepable road, that has now been constructed.
195 Like other Institutes, even this Institute was inspected by the VT on 11.6.2018 pursuant to directions passed by this Court and no substantial deficiencies have been found insofar as the infrastructural facilities are concerned. It has been specifically observed that the construction of V.C. road to college building is in progress and is almost completed. It has further been pointed out that MBA/MCA courses have been discontinued, therefore, multipurpose hall of 3730 sq. ft. is exclusively being used for B.Ed. course. That apart, the total built up area of 2508 sq. mts. is being used for B.Ed. course only.
196 At this stage, we may notice that this Court vide order dated 19.6.2018, had directed the Educational Institutes to file compliance affidavits within three days so that the cases could be considered, however, compliance affidavits with regard to various shortcomings as pointed out by the SIT and VT and the Institute has now filed its affidavit ::: Downloaded on - 18/12/2018 22:55:32 :::HCHP 167 (pages 35913603),wherein it has been pointed out that the steps with regard to removal of the instructional deficiencies have been taken. Now, the time has already been granted to .
all the Institutes to remove instructional deficiencies by the next academic session. We need not refer to this affidavit, however, it is made clear that in case the instructional efficiencies are not removed by the aforesaid date, then the consequence as per law shall follow. However, since the Institute has more than requisite infrastructural facilities, it is permitted to run the courses subject to its removing the instructional deficiencies within the stipulated period.
B a) 11: Hamirpur College of Education for B.Ed., Ward No.10, Hamirpur.
B a) 12: Hamirpur College of Education for D.El.Ed.,Ward No.10, Hamirpur.
197 The SIT in its progress report No.5 (pages 95
100) after scrutiny of records and physical inspection of theses Institutes, concluded that the Institutes lack in infrastructure as well as land to conduct B.Ed. and D.El.Ed courses and there is acute shortage of logistic support, faculty and staff at every level. It has been prayed that directions be issued to NCTE not to allow further admissions to both the courses till minimum requirements are fulfilled ::: Downloaded on - 18/12/2018 22:55:32 :::HCHP 168 by the Institutes as per the norms laid down by the NCTE in the year 2014.
198 These Institutes have filed reply to the report .
filed by the SIT (pages 11611175), wherein it is pointed out that the Institutes have been running B.Ed. Course with two units of 50 students as well as JBT course with 50 students as intake. The recognition to B.Ed. Course was granted by the NCTE for intake of 100 seats vide order dated 16.7.2003 when the NCTE (Norms and Standards for Teacher Education Programme), 2001 were prevalent. As per said norms and standards, the infrastructural facilities were provided in paras 7 and 8 of the norms.
199 The discrepancies as pointed out by the SIT have been rectified and reported to the Member Secretary NCTE and the latter has accepted the affidavit and permitted admission of students in B.Ed. course for academic session 201719.
200 The VT, pursuant to direction issued by this Court, had inspected theses Institutes on 12.6.2018, wherein apart from pointing out the instructional deficiencies, it has been found that theses Institutions have built up area of 3111.04 sq. mts. as against requirement of 3500 sq. mts. As per NCTE Regulations.
::: Downloaded on - 18/12/2018 22:55:32 :::HCHP169 201 It would be noticed that one of the main objections of the SIT was with regard to sharing of the facilities by various courses, however, no objection to .
common facilities being shared can now survive in view of the judgment rendered by this Court in CWP No. 1102 of 2018, titled H.P. Private B.Ed. Colleges Welfare Association vs. National Council for Teacher Education and others, decided on 14.9.2018.
202 As regards the instructional deficiencies, the Institutions are directed to remove the same by the next academic session or else consequences as per law shall follow.
B a) 13: Nalanda College of Education, Jhaniari, Hamirpur.
203 The SIT in its progress report No.5 (pages 95
100) after scrutiny of records and physical inspection of this Institute has reported that there were a lot of deficiencies in the field of infrastructural as well as instructional area and nothing was found satisfactory in any of the field in this Institution. It has been prayed that directions be issued to the NCTE not to allow further admissions to both the courses i.e. B.Ed. D.El.Ed. till the minimum requirements are ::: Downloaded on - 18/12/2018 22:55:32 :::HCHP 170 fulfilled by the Institute as per the norms laid down by the NCTE in the year 2014.
204 Like all other institutes, the VT inspected this .
institute also on 12.6.2018, wherein it noticed the following deficiencies:
i. The Institute has increased the builtup area to 2050.30 sq. mts., which is sufficient as per NCTE regulations. The finishing work of the same has not been completed so far.
ii. The area of library is 931.12 sq. ft. against requirement of 1000 sq. ft.
iii. That apart, the instructional deficiencies with respect to faculty etc. have also been pointed out.
205 As regards the instructional deficiencies, like the other institutes, this institute is directed to remove the same by the next academic session or else consequences as per law shall follow. However, insofar as other socalled infrastructural deficiencies are concerned, we really do not find these to be deficiencies of such kind, which may prevent the Institute from running with the courses, however we may at this stage notice that the Institute has filed an affidavit (pages 44534466), wherein it is pointed out that the institute has finished almost entire work and only minor work remains. As regards instructional deficiencies, the ::: Downloaded on - 18/12/2018 22:55:33 :::HCHP 171 institute has already approached the H.P. University for filling up the posts of teachers and as regards EPF and pay, the same is now being paid through bank.
.
206 The Institute has thereafter filed another reply (Pages 49675022) to the observations of the SIT and the same need not be referred to in view of the findings given by the VT, which, as observed above, has not noticed any substantial shortcomings. Therefore, the recommendations of the SIT are set aside and the Institute is permitted to run the courses as it is running now subject to its removing the instructional deficiencies by the next academic session or else consequences as per law shall follow.
B a) 14: Raj Rajeshwari College of Education (B.Ed.), Chorab, Bhota, Hamirpur.
B a) 15: Raj Rajeshwari College of Education (D.El.Ed.), Chorab, Bhota, Hamirpur.
207 The SIT in its progress report No.5 (pages 115
119) after scrutiny of records and physical inspection of this Institute has reported that the Institution appears to be satisfactory. Few deficiencies were noticed regarding the covered area and shortage of faculty members only. It has been prayed that the deficiencies be brought to the notice of NCTE with the direction that during next inspection attention be paid for rectification of the same.
::: Downloaded on - 18/12/2018 22:55:33 :::HCHP172 208 The Institute has filed reply to the report of the SIT (pages 895930), wherein similar defence has been taken as has been taken by the petitioner in CWP No. 1102/2018 .
(supra) to the effect that the relevant time, when the recognition for B.Ed. Course for intake of 100 seats was granted by the NCTE to the Institute vide order dated 12.8.2006, the NCTE (Norms and Standards for Teacher Education Programme), 2001 were prevalent.
209 It has been further pointed out that the Institute possesses all the instructional facilities for B.Ed. and JBT courses. Lastly, it has been averred that the discrepancies as has been pointed out by the SIT have been been rectified and reported to the Member Secretary NCTE and the latter has accepted the affidavit and permitted admission of students in B.Ed. course for academic session 201719.
210 The VT, pursuant to directions passed by this Court, inspected the Institutes on 12.6.2018 and submitted its report (pages 31993200) wherein no infrastructural deficiencies have been found. It has been found that the Institutions have created additional built up area of 1455 sq. mts., but supporting documents like building completion certificate, approved building plan etc., have not been ::: Downloaded on - 18/12/2018 22:55:33 :::HCHP 173 submitted, whereas all other deficiencies as have been pointed out by the SIT are stated to have been removed.
211 It would be noticed that one of the main .
objections of the SIT was with regard to sharing of the facilities by various courses, however, no objection to common facilities being shared can be now taken in view of the judgment rendered by this Court in CWP No. 1102 of 2018, titled H.P. Private B.Ed. Colleges Welfare Association vs. National Council for Teacher Education and others, decided on 14.9.2018.
212 As regards the instructional deficiencies, the Institute like the other Institutes is directed to remove the same by the next academic session or else consequences as per law shall follow.
213 At this stage, we may note that these Institute has filed compliance affidavit wherein it is averred that the Institute was set up in the year 2006 for two units of B.Ed.
and single unit of JBT. The total land area is 5055 sq. mts.
and total built up area 2500 sq. mts. including 1130 sq. feet area of library. The Institute has enclosed the building completion certificate and details of built up area along with this affidavit. It has further been averred that the library with requisite area and sitting capacity of 50% students , ::: Downloaded on - 18/12/2018 22:55:33 :::HCHP 174 photocopier, online journals and C.D. Rom are available in the library. The Institute has already approached the H.P. University for instructional deficiencies and has already .
issued advertisement for filling up the posts of teachers and these deficiencies would be removed shortly. The EPF will be created in ensuing academic session. The Institute has been paying salary of Rs.15600+increment to the faculty members at the initial start of pay scale and is now going to pay salary with initial start of of Rs. 21600/ with annual increment to the approved teaching faculty by H.P. University from the ensuing academic session. Since there are no substantial deficiencies noticed by the VT, therefore, the Institute is permitted to continue with its courses subject to its removing the instructional deficiencies by the next academic session or else consequences as per law, shall follow.
B a) 16: Vijay Vallabh College of Education, Nadaun, Hamirpur.
214 The SIT in its progress report No.6 (pages 2224) after scrutiny of records and physical inspection of this Institute has arrived at the following conclusions:
The Society had taken land measuring 4054 sq. mts. on lease for a period of 99 years from the former President of the Society namely late Niranjan Jain vide lease deed executed on 25/26.4.2007, but the ::: Downloaded on - 18/12/2018 22:55:33 :::HCHP 175 title of the land had not been transferred in the name of the Society of the College till date.
215 It has been prayed that the directions be issued to NCTE and H.P. University to get the various deficiencies .
rectified before the admissions are allowed for the next academic session.
216 The report of the SIT has been sought to be controverted by the Institute by filing reply (pages 854894), wherein similar defence has been taken as was taken by the petitioner in CWP No. 1102/2018 (supra). In addition thereto, it has been stated that the SIT had raised vague objections against the Institute with respect to the land.
217 Like other Institutes, this Institute was inspected by the VT on 11.6.2018.
218 The recognition was granted to the Institution under the NCTE Regulations, 2005 followed by Norms and Standards dated 13.1.2006 at that time under clause 8(5) of Regulations 2005, the private lease was valid, thus, this deficiency observed by the SIT is not as per the NCTE Regulations, hence, it is treated as removed.
219 We are really surprised to note that a different stand is being taken by the NCTE because in majority of cases where the Institutes were set up prior to the norms of ::: Downloaded on - 18/12/2018 22:55:33 :::HCHP 176 2014 and 2017, the infrastructural deficiencies qua land and built up have been specifically raised , whereas in the instant case as noticed above, objections raised by the SIT .
qua infrastructural not being in tune with the norms of 2014 have been treated to be removed only because the Institute had been set up when the NCTE Regulations 2005 and norms and standards dated 13.1.2006 were in operation and as per clause 8(5) of Regulations 2005, the private lease was valid. r 220 It would be noticed that one of the main objections of the SIT was with regard to sharing of the facilities by various courses, however, no objection to common facilities being shared can now survive in view of the judgment rendered by this Court in CWP No. 1102 of 2018, titled H.P. Private B.Ed. Colleges Welfare Association vs. National Council for Teacher Education and others, decided on 14.9.2018.
221 Apart from above, no other infrastructural deficiency was pointed out and only instructional deficiencies have been pointed out, for removal of which time has already been granted to the Institute uptill the next academic session or else necessary consequences as per law shall follow.
::: Downloaded on - 18/12/2018 22:55:33 :::HCHP177 B a)17: Dwarikadass Memorial Sai College of Education (B.Ed.), Village Killar, P.O. Jalari, Tehsil Nadaun, District Hamirpur.
B a) 18: Dwarikadass Memorial Sai College of .
Education (D.El.Ed.), Village Killar, P.O. Jalari, Tehsil Nadaun, District Hamirpur.
222 The SIT in its progress report No.6 dated 30.11.2016 (pages 2530) after scrutiny of records, and physical inspection of this Institute has arrived at the following conclusions:
The land, building and other infrastructural and instructional facilities, are being shared by LLB, B.Ed and D.El. Ed. Courses besides various deficiencies.
223 It has accordingly been prayed that the directions be issued to the NCTE, HPU and H.P. Board of School Education not to allow further admissions till the infrastructural facilities are completed in all respects as per the latest norms of the NCTE.
224 The Institute(s) has/have filed its reply to the report of the SIT (pages 11481160), wherein similar defence as taken by the petitioner in CWP No. 1102/2018 has been taken by the Institute. In addition thereto, it has been pointed out that even though this Institute was established in the year 2004 i.e. the grant of recognition by NCTE for JBT ::: Downloaded on - 18/12/2018 22:55:33 :::HCHP 178 course, the only batches of JBT were given to it along with similar privately managed JBT Institutes during the academic sessions, 20072009, 20092011, 20112013, .
201315, 20142016, 20162018 and 20172019 session has commenced from last week of September 2017, however, rest of the sessions i.e. 20082010, 20102012, 20122014 and 20152017 had remained without allotment of any students.
Further in the B.Ed course also, the number of admission was decreased in the previous session for want of allotment of students by the H.P. University.
225 The Institute(s) has thereafter filed an application (CMP No. 4621/2018) for placing on record the additional material. It has been averred that the affiliation to run the JBT course was granted after the judgment to this effect had been rendered by this Court in the case so instituted by the Institute being CWP No. 1144/2016, decided on 28.3.2007. The building of B.Ed. and D.El.Ed.
has been constructed on one side of Khasra No.152 having area of more than 4329 sq. mts. that is being exclusively used for B.Ed./D.El.Ed. Courses. The Law course is in independent building constructed on the other side of land comprised in Khasra No. 147. Both the premises are separate and independent. The seminar room of B.Ed., which was ::: Downloaded on - 18/12/2018 22:55:34 :::HCHP 179 earlier occasionally used by the Law Department, has been stopped to be used and as such there is no sharing of the seminar room with law course as has been pointed out by the .
SIT. The same is the position with regard to multipurpose hall measuring 2000 sq. feet. The independent common rooms for boys and girls duly equipped with furniture have been set up. The Central Library, earlier created with independent and separate sections of B.Ed./JBT & Law, has been separated and the law section has been shifted to its own independent building.. The sitting capacity of library has been increased and adequate numbers of online journals and C.D. ROMS have been provided. The requirement of curriculum lab has been met. Likewise, separate block of toilets for girls and boys has been constructed.
226 The VT in compliance to the direction of this Court inspected the Institute on 12.6.2018 (pages 3223 3224), wherein it has been pointed out that the Institute(s) is having area of only 2251.29 sq. mts. against the requirement of 3000 sq. mts. as per the NCTE norms. No other infrastructural deficiencies have been pointed out.
227 We may note that the Institute has itself furnished an undertaking by way of an affidavit, (page 4226) wherein it is stated that the built up area of the Institute is ::: Downloaded on - 18/12/2018 22:55:34 :::HCHP 180 2251.29 sq. mts. and the same is a composite Institute. It has further been averred that deficiencies as pointed out by the SIT have duly been removed except the built up area, .
however, the built up area is sufficient as per NCTE norms prevalent at the time of grant of recognition as well as per the recent NCTE norms, where sharing is permissible. It has been further averred that second unit of B.Ed. has been sanctioned by the NCTE in favour of the Institute vide order dated 6.6.2015, however, the same has not yet been run till further built up area is constructed.
228 It would be noticed that one of the main objections of the SIT was with regard to sharing of the facilities by various courses, however, no objection to common facilities being shared can now survive in view of the judgment rendered by this Court in CWP No. 1102 of 2018, titled H.P. Private B.Ed. Colleges Welfare Association vs. National Council for Teacher Education and others, decided on 14.9.2018.
229 Apart from above, no other infrastructural deficiency was pointed out and only instructional deficiencies have been pointed out, for removal of which time has already been granted to the Institute uptill the next academic session or else necessary consequences as per law shall follow.
::: Downloaded on - 18/12/2018 22:55:34 :::HCHP181 B a) 19: Gurukul Bharti College of Education, Benla Brahmna, Chandpur, Distt. Bilaspur, H.P. 230 The SIT in its 6th report, dated 30.11.2016 (pages .
7681), after scrutiny of the records and physical inspection of the institution, has found the same to be working satisfactory, except that there was a shortage of faculty members and fact that none of them had been approved by the HPU. It is accordingly prayed that direction be issued to NCTE to seek 231 r to compliance of the aforesaid deficiencies/shortages before allowing admission to the next Session i.e. 201718.
The institute has responded to the report of the SIT by filing its reply (pages 13541361), wherein it was pointed out that even though there was no shortcoming pointed out by the SIT, yet the socalled deficiencies and shortcomings have already been removed.
232 The VT, in compliance to the direction of this Court, has inspected this institute on 13.06.2018, wherein only instructional deficiencies have been found and for that purpose this Court has already granted time up to the next academic session or else consequences as per law shall follow.
Therefore, the institute is permitted to continue with the courses as are being undertaken by it.
::: Downloaded on - 18/12/2018 22:55:34 :::HCHP182 B a) 20: Adarsh College of Education, Amarpur, Ghumarwin, Bilaspur 233 The SIT in its Progress Report No. 6, dated .
30.11.2016 (pages 82 to 86) on the basis of scrutiny of the records and physical inspection of the institution has found the working of the institution to be satisfactory. Even though no major deficiency was found qua this institute, however, yet it filed its reply to the report submitted by the SIT and pointed stand removed.
r to out that the shortcomings as have been pointed out by the SIT 234 Pursuant to the order passed by this Court, the VT inspected this institution on 13.06.2018 (pages 32163218), wherein the VT found no infrastructural deficiency and only found instructional deficiencies, which like in the case of other institutions is required to be removed by the institution before the next academic session. However, we may note that the institution has filed affidavit (pages 42174219), however, we need not refer to the said affidavit since time up to the next academic session already stands granted to this institute to remove instructional deficiencies. Accordingly, this institution is permitted to run the courses as are being run by it.
::: Downloaded on - 18/12/2018 22:55:34 :::HCHP183 B a) 21: Minerva College of Education, VPO Baggi, Tehsil Balh, District Mandi 235 The SIT in its Progress Report No. 7, dated .
15.03.2017 (pages 27 to 33) after scrutiny of the records and physical inspection of the institution, has concluded as follows:
(I) That the land on which the College building had been constructed does not stand mutated in the name of the individuals. The built up area of the institute was found to be short.
(ii) The area of the library was found to be short.
(iii) The faculty members though eligible, had not been approved by the HPU.
236 It was, therefore, prayed that directions be issued to NCTE/HPU to get the deficiencies rectified before admission to the next academic sessions i.e. 201719.
237 The institution initially controverted the allegations by filing reply, wherein it was pointed out that the institution had been conducting B.Ed. Course since the year, 2007 with an intake of two units, but since the academic year 2015, the institute is running only one unit with an intake capacity of 50 students and has sufficient infrastructure for the said purpose as the college was having total area of 451 bigha which is much more than the area required for establishing the B.Ed. College, which is on lease for 30 years. Whereafter, steps ::: Downloaded on - 18/12/2018 22:55:34 :::HCHP 184 were initiated by the institution for removing the instructional deficiencies, as have been highlighted.
238 The VT, in compliance to the directions passed by .
this Court, has inspected the institution on 12.06.2018 and has found no instructional deficiency, except that the ownership of the land has not been transferred in the name of the Society or the College till date and is under progress. Even though the instructional deficiencies have been pointed out for which time like in the case of other institutions, is granted to remove the deficiencies by the next academic session or else consequences as per law shall follow.
239 We may note that the institute has subsequently filed an affidavit (pages 42204222), wherein it has been pointed out that the institute has already applied for permission under Section 118 of the H.P. Tenancy and Land Reforms Act, for transferring the land in the name of the institution and has also highlighted the other steps taken by it to remove minor deficiencies as were pointed out by the SIT.
240 We accordingly direct the State Government to decide the application moved by the institution for grant of permission under Section 118 of the HP Tenancy and Land Reforms Act, 1972, as expeditiously as possible and in no event later than the next academic session to run the courses.
::: Downloaded on - 18/12/2018 22:55:34 :::HCHP185 B a) 23: Gayatri College of Education, Kharota, PO Kangoo, Sundernagar, Mandi, H.P. 241 The SIT in its Progress Report No. 7, dated .
15.03.2017 (pages 58 to 64 ) after scrutiny of the records and physical inspection of the institution, submitted its conclusion as follows:
(i) The built up area has been found to be deficient by 114.96 sq.mtrs.
(ii) The Library and multipurpose hall were found to be smaller in size and other facilities were also found to be inadequate.
(iii) The faculty members had not been approved by the HPU.
(iv) The institute gives an unfinished look and still appears to be under construction.
242 Accordingly, a prayer has been made to issue direction to NCTE and HPU to issue notice to the institute to get the deficiencies rectified before allowing admission for the academic sessions 201719 and to ensure that the institution fulfills the norms laid down by NCTE.
243 The VT, in compliance to the directions passed by this Court inspected, the institution on 12.06.2018, wherein no infrastructural deficiencies and only instructional deficiencies have been reported. However, thereafter another inspection report has been placed on record (pages 39043908), wherein ::: Downloaded on - 18/12/2018 22:55:34 :::HCHP 186 again no institutional deficiencies and only instructional deficiencies have been pointed out.
244 At this stage, we may also note that the .
institution, as based upon the aforesaid report, has filed application being CMP No. 6718 of 2018 for placing on record certain documents which have been appended with the application as R43/1 to R43/14, to prove on record that it has completed brick masonry, plastering, paint and flooring work and has also purchased four new computers and has even got repaired old computers.
245 As noticed above, no substantial deficiency in infrastructure has been found in the institution and therefore is permitted to continue with the courses being run by it.
B a) 23: Baba Kripal Dass College of Education for Women (B.Ed.), Paonta Sahib, District Sirmour, H.P. B a) 24: Baba Kripal Dass College of Education for Women (D.El.Ed.), Paonta Sahib, District Sirmour, H.P. 246 The SIT in its Progress Report No. 7, dated 15.03.2017 (pages 82 to 88) after scrutiny of the records and physical inspection of the institution, has concluded as follows: ::: Downloaded on - 18/12/2018 22:55:34 :::HCHP 187
(i) The institute lacks in built up area inasmuch as there is no seminar room and multipurpose hall and Library were found to be shorter than the laid down norms.
(ii) There is no regular principal and three faculty .
members had not been approved by HPU, though eligible.
247 It has been prayed that since the institution lacks in infrastructure and instructional area, therefore, directions be issued to NCTE/HPU not to allow admission to academic 248 to sessions 201718 till the deficiencies are complied with.
This institution, on the directions passed by this Court, was inspected by the VT on 13.06.2018 (pages 3128 3130) and found that all the infrastructural deficiencies, except for the following deficiencies, have been removed:
(i) There was no seminar room.
(ii) Multipurpose hall was 1366 sq. ft against a requirement of 2000 sq. ft.
(iii) The Library was having area of about 697 sq. ft as against the requirement of 1000 sq. ft. The sitting capacity of the Library was about 40 as against the requirement pf 50% student strength.
249 The institutes have initially filed their affidavit (pages 48214824), however, we need not refer to the said affidavit as fresh inspection has already been conducted by the VT pursuant to the direction of this Court and the relevant portion whereof already stands extracted above.
::: Downloaded on - 18/12/2018 22:55:35 :::HCHP188 250 The institute has thereafter filed its response to the inspection conducted by the VT wherein it has pointed out that the college has spent crores of rupees for raising building .
and is running the College by providing employment as well as helping the students by providing free education to the needy students and fulfilling the object of the Trust. It has been submitted that since the date of inception of the college (2324 years) none of the authorities has raised any objection and have granted all the permissions from time to time after carrying out the inspection and the regulations now sought to be enforced, were not, in fact, there when the institute was granted permission.
251 At this stage, the learned Amicus Curiae have invited our attention to the foot note 3 & 4 appended with the inspection report of the VT, wherein it is stated that as against the previous built up area of 1767.59 sq.mtrs the college is extending total built up area 2962.07 and, therefore, the observation by the SIT may be treated to be removed. Likewise, she has invited our attention to foot note 5, wherein it has been observed that the seminar room is also under construction and the area needed is going to be completed, therefore, the SIT observation at Sl. No. 5 may be treated as removed.
::: Downloaded on - 18/12/2018 22:55:35 :::HCHP189 252 Likewise, since the multipurpose hall has been completed and the Library is going to be completed, therefore, the objections No. 6 and 7 be also treated to be removed. Thus, .
it is evidently clear that apart from the instructional deficiencies the institute does not lack any substantial infrastructural deficiencies, therefore, it is permitted to allow to run the courses subject to its removing of the instructional deficiencies by the next academic session, failing which the consequences as per law shall follow.
B a) 25: Shiv Shakti College of Advance Study in Education, Shamloh, Rajgarh, District Sirmour (H.P.) 253 The SIT in its Progress Report No. 7, dated 15.03.2017 (pages 89 to 93) after scrutiny of the records and physical inspection of the institution has come to the conclusion that there are deficiencies in the infrastructure as well as instructional areas and there was no regular Principal and none of the faculty members had been approved so far by HPU besides large number of vacancies. It was prayed that since the institution lacks in infrastructural and instructional areas directions be issued to NCTE/HPU to get a regular inspection done and deficiencies be rectified before allowing admission for the next Session i.e. 201718.
::: Downloaded on - 18/12/2018 22:55:35 :::HCHP190 254 The VT in compliance to the direction of this Court, inspected this institution on 11.06.2018 and it initially did not point out any substantial deficiency in infrastructure .
and only instructional deficiencies were pointed out. The foot note under this report clearly states that additional construction work measuring 2964 sq.mtrs. is going on and is expected to be completed in every aspect within, a short period.
255 Thereafter, the VT conducted a fresh inspection (pages 39093912) which is quite pari materia with the earlier report and even the additional construction was not found to have been completed and it has been observed that the same is likely to be completed in a short period.
256 As regards instructional deficiencies, the same have been pointed out, however, like in the cases of all other institutes, this institute is also directed to remove these deficiencies by the next academic session or else consequences as per law follow. It is further made clear that within the aforesaid time, the institute shall ensure that the new construction being undertaken by it is completed within the aforesaid period.
::: Downloaded on - 18/12/2018 22:55:35 :::HCHP191 B a) 26: Astha College of Education, Hatkot, PO Kunihar, Tehsil Arki, District Solan, H.P. 257 The SIT in its Progress Report No. 8, dated .
30.06.2017 (pages 3 to 8), after scrutiny of the records and physical inspection of the institution, has concluded that the College is in possession of the requisite land area, yet the building had been constructed on land measuring 162.85 sq.mtrs and the built up area is shown as 1537 sq.mtrs.
However, nothing exists on the remaining land measuring 3760 sq.mtrs., which is situated at a distance of about 1 km. from the College building.
258 In compliance to the direction of this Court, the VT initially inspected the institution on 13.06.2018 (pages 3052 3053) and did not find any deficiency in so far as the infrastructure is concerned. However, instructional deficiencies were pointed out in the said report. However, thereafter VT again inspected the institution (pages 39133916) and once again did not find any deficiency in the infrastructure and reiterated its earlier observation. However, it appears that the NCTE did not agree with the report of the VT by observing that the Ashtha College of Education is running on a smaller plot and the management has initiated construction work at a big plot size of 3760 sq.mtrs., hence deficiency is not removed.
::: Downloaded on - 18/12/2018 22:55:35 :::HCHP192 259 We virtually cannot make out any head and tail of the objections as raised by the NCTE.
260 That apart, we find that the institution has filed .
an affidavit to the earlier report submitted by the VT (pages 37413813) wherein it is pointed out that the institution is in possession of land measuring 3923 sq.mtrs., however, the same was in two pieces situated at two different places at a distance of 1 km. from each other and the built up area is 1537 sq.mtrs. The institution is eligible for single unit of B.Ed. for an intake of 50 students for which the requirement is only 1500 sq.mtrs. The bigger part of the vacant land taken by the Society was for the purpose of curriculuar activities and the left out vacant area was being used for building of hostel and residence of staff. The institution otherwise has removed all the infrastructural deficiencies. As noticed above, even the VT in its report has not pointed out any substantial deficiency in the institution which could be an impediment in the running of the institution. Therefore, the institution is allowed to continue as before subject to its removing instructional deficiencies before the next academic session.
::: Downloaded on - 18/12/2018 22:55:35 :::HCHP193 B a) 27: VSS College of Education, Village Dhillo, P.O Sultanpur, District Solan,H.P. 261 The SIT in its Progress Report No.8 dated .
30.06.2017 (pages 25 to 30), after scrutiny of records and physical inspection, has concluded that some deficiencies have been noticed in the infrastructural and instructional facilities during the course of inspection and the College building was also being used for conducting BBA and BCA courses.
262 to It has been prayed that deficiencies noticed during the course of inspection by the SIT be brought to the notice of NCTE and HPU for compliance before the start of next Academic Session by the College.
263 The VT, on the basis of the directions passed by this Court, has initially inspected the premises on 13.06.2018 (pages 30543055) wherein the it found that the College Management had earmarked 2000 square metres area for B.Ed. Programme and remaining 912.36 square metres area for BBA, BCA and residence programme. The area of multipurpose hall was found to be short and as against 2000 square feet, it was found to be 1583.5 square metres (should be square feet). That apart, only instructional ::: Downloaded on - 18/12/2018 22:55:35 :::HCHP 194 deficiencies were found for removal of which, this Court has already granted time upto the next academic session.
264 The VT has furnished a fresh report (pages .
39183921) wherein apart from deficiencies as aforesaid, it has also been pointed out that no online journals were available and seating capacity available was only for 50 students.
265 In response to the VT inspection, the institute has filed its compliance affidavit (pages 43254447) wherein it has been pointed out that B.Ed Course was started in the year 2007 with single unit of 100 intake from the session 20152016 double unit with intake of 50 students. However, there was no admission in the second unit during the session 20162017. The management of institution has undertaken to pay salary to the faculty in the B.Ed Course @ Rs.21600/ per month with effect from August, 2018 and has also undertaken to create EPF facility for the staff of the College. It has further been undertaken that the deficiency for the area of multipurpose hall will be met before the ensuing Academic Session and the seating capacity of the library has already been increased by creating 100 seats and online journals have been purchased. In support of the aforesaid contentions, bills of furniture, photocopier ::: Downloaded on - 18/12/2018 22:55:35 :::HCHP 195 machine, WiFi System at the library and bills of journals have been annexed as Annexure R/A and R/B, respectively.
As regards instructional deficiencies, advertisements have .
been issued in the daily newspaper 'Himachal Dastak' on 02.06.2018 and 28.06.2018, respectively, and a request for providing panels for constitution of Selection Committee for appointment of faculty has been made to the H.P. University on 27.06.2018, as also supported by the documents Annexure RC. r 266 The institute has filed another compliance affidavit (pages 50455046) wherein it has been stated that an area of 2000 square metres is being used independently for double unit of B.Ed. Course and there is separate accommodation for running BBA and BCA Courses. Apart from the built up area of 2912.36 sq. mts., there is more built up area of 600 square metres which was not considered by the SIT and the VT of the NCTE on the ground that it was not fully furnished at that time, however, the same now stands furnished. The requirement of built up area for BBA and BCA is 500+500=1000 square metres. The recognition for BBA and BCA with 40 students in each course was given to the institution in the year 2010, however the classes could be started only from the year 2015 for BBA and in the year ::: Downloaded on - 18/12/2018 22:55:36 :::HCHP 196 2016 for BCA as no students were available before that. It has thereafter been averred that the institute has adequate infrastructure for running B.Ed. course with double unit in .
the infrastructure available for the purpose and sufficient separate infrastructure for BBA and BCA Courses.
267 Evidently, the shortcomings as pointed out by the SIT and the VT in their reports appear to have been removed by the institute. Therefore, it is allowed to continue subject to its removing the instructional deficiencies by the next academic session.
B a) 28: Himachal College of Education, Nalagarh, Tehsil Baddi, District Solan,H.P. 268 The SIT in its Progress Report No.8 dated 30.06.2018 (pages 31 to 36) on the basis of scrutiny of records and physical inspection has concluded that some deficiencies were noticed in the infrastructural as well as instructional facilities during the course of inspection by the SIT.
269 It has been prayed that the deficiencies as noticed during the course of inspection by the SIT be brought to the notice of NCTE and HPU for compliance before the start of next Academic Session by the College. It has also been prayed that since the College building lacked in ::: Downloaded on - 18/12/2018 22:55:36 :::HCHP 197 infrastructural facilities required for four basic units of B.Ed.
Course, therefore, directions be issued to NCTE and HPU to reduce the sanctioned intake from four basic units to two .
basic units from the next Academic Session till the College builds extra infrastructure as per NCTE norms.
270 In compliance to the directions passed by this Court, the VT inspected the premises of the institution on 13.06.2018 (pages 3055 to 3058) wherein it was observed that the College was established two decades ago and functioning since 1999, and is therefore governed by old regulations of NCTE. The NCTE 2014 regulations also exempt the Colleges which were established prior to 2014. As regards the deficiency in space, it has been observed that the Management has given an affidavit/declaration to enhance the earmarked space for Seminar Hall with all infrastructural facilities. As regards deficiency of multipurpose hall, it has been observed that the Management has submitted an affidavit stating that a spacious multipurpose hall is under construction and nearing completion and will be put to use by the institute before the commencement of Academic Session 201820. The institution has also declared that the public address system, the dais and the required furniture/infrastructural facilities were dislocated due to ::: Downloaded on - 18/12/2018 22:55:36 :::HCHP 198 whitewashing and maintenance activities, the same will be put in order in the new multipurpose hall. The common rooms for girls and boys were found to be in order. As .
regards the deficiency in the library, it was observed that an affidavit/undertaking has been submitted by the Management promising to bring up the library for use by the of students and staff by the commencement of Academic Session 20182020. The library contains total number of 9135 books out of which 845 books were received from the donors. The VT found that there is one photocopying machine in the ground floor where the current library is located and the second machine is under repair and given for service and the Management has proposed to get a new photocopying machine with multiple facilities and undertaking to this effect had been given by it. Similarly, an undertaking was also given by the Management that the existing material and equipments will be purchased for making good the shortages. No deficiencies in computers and INTERNET facilities were found, though instructional deficiencies were found, for which time has already been granted to the institute to remove the same before the next academic session.
::: Downloaded on - 18/12/2018 22:55:36 :::HCHP199 271 Another report has been furnished by the NCTE (pages 3922 to 3925) wherein the NCTE on the basis of the report of the VT has observed that the built up area of .
2201.96 square metres is deficient and further deficiencies on the basis of the built up area, area of the library, multipurpose hall and the labs lacking material and equipments have been pointed out.
272 In response to the aforesaid inspection, the institution has filed its affidavit (pages 4227 to 4231) wherein it is stated that the College was established in the year 1999 with intake capacity of 120 students. In 2002, the College was permitted to have two units (of 100 students each) of B.Ed. Classes i.e. intake capacity of 200 students. It was on coming into force the 2014 regulations that the basic unit was changed from strength of 100 students to 50 students and the duration of B.Ed. Course was increased from one year to two years. Consequently, the College was sanctioned four units of 50 students each i.e. intake capacity of 200 students in 2015. It is averred that since the College was established in the year 1999, therefore, it is entitled to the exemption in terms of Regulation 6.1 of 2014 Regulations. The institute has thereafter given details of the total land and built up area available with the institution. It ::: Downloaded on - 18/12/2018 22:55:36 :::HCHP 200 has been averred that about 1500 square metres more area is proposed to be constructed during the next Academic Year, out of which building plan for 1067 square metres has .
already been approved by the BaddiBarotiwalaNalagarh Development Authority (BBNDA). Approval for building plan for approximately 500 square metres has been submitted and is awaiting approval. Thereafter, steps taken towards removing of deficiencies in instructional facilities have been detailed. However, we need not to refer the same as we have already granted time to remove the instructional deficiencies by the next academic session.
273 Evidently, the institute is running the Courses in question since 1999 when the old regulations were applicable, but nonetheless it has taken steps for increasing infrastructure, therefore, we see no reason why the institute should not continue to run its courses. However, it is clarified that the institute shall remove all the instructional deficiencies by the next academic session and as regards institutional deficiencies, the same be removed within one year from today.
::: Downloaded on - 18/12/2018 22:55:36 :::HCHP201 B a) 29: Jagriti Teacher Training College (B.Ed.) Devdhar, Sadar, Mandi.
B a) 30: Jagriti Teacher Training College (D.EI.Ed.) Devdhar, Sadar, Mandi.
.
274 The SIT in its Progress Report No.8 dated 30.06.2017 (pages 119 to 127) after scrutiny of records and physical verification has found acute shortage of teaching staff as also the institute lacking in logistic support and prayer has accordingly been made to issue directions to the NCTE and HPU along with H.P. Board of Secondary Education not to grant further approval and affiliation till the instructional/infrastructural deficiencies are complied with by the institute.
275 In compliance to the directions passed by this Court, the VT has submitted two reports based upon its inspection conducted on 12.06.2018. Its first report is available (at pages 31093110) wherein no infrastructural deficiencies have been found out and as regards acute shortage of teaching staff and the institute lacking logistic support, it has been observed that the institute is trying to remove such deficiencies. In the footnote appended with the report, it has been stated that according to the building completion certificate, the institute is having 3717.42 square ::: Downloaded on - 18/12/2018 22:55:36 :::HCHP 202 metres built up area which is more than sufficient for the functioning of two units of B.Ed. and one unit of D.El.Ed Course. The shortcoming of six computers out of 25 have .
been removed as the institute has purchased six more computers. In addition thereto, the institute has also purchased furniture, speaker and teacher stand has been arranged in the multipurpose hall by the institution.
276 Thereafter, another report is available on record (pages 3926 to 3929), wherein no infrastructural deficiencies, however, instructional deficiencies have been pointed out for which, time, like other institutions is granted to these institutions for removing the same by the next academic session or else consequences as per law shall follow.
B a) 31: Lord Buddha College of Education, Upper Bhambla, Tehsil Baldwara, Mandi, (HP).
277 The SIT in its Progress Report No.8 (pages 128 to
135) has after inspection and scrutiny of the records, pointed out that the institute was functioning from new premises and there are minor deficiencies in its functioning. The institute has controverted the discrepancies as pointed out by the SIT in its affidavit (pages 795803). On the directions of the Court, the VT of the NCTE, during its inspection dated 11.06.2018 found, no deficiency in the running of this ::: Downloaded on - 18/12/2018 22:55:36 :::HCHP 203 institution and the NCTE thereafter in its report (pages 3936) has pointed out that the approval letter of the affiliating body with regard to approval of the faculty, except Principal, is not .
attached with the VTR. Therefore, it is not clear that the faculty is duly approved by the University or not. The institution has controverted this allegation by filing an affidavit (page 4215). However, we need not to go into this aspect of the matter since all the institutions have already been granted time up to the next academic session to remove instructional deficiencies. In this view of the matter, no further action is required to be taken in this case and the institute is permitted to run the courses.
B a)33. Noble College of Education, Seog, PO Pandoh, Tehsil Sadar, Mandi, (HP).
278 The SIT in its Progress Report No.8 (pages 136 to 141) has concluded that the institute lacks in infrastructural facilities and is, therefore, not suitable to run two basic units of B.Ed. Course, as the total builtup area was very small as compared to the norms prescribed by the NCTE. In compliance to the directions passed by this Court, the VT of NCTE conducted inspection of the College wherein the infrastructural deficiencies as had been pointed out by the SIT were stated to have been removed and the only ::: Downloaded on - 18/12/2018 22:55:37 :::HCHP 204 infrastructural deficiency that was pointed out was that the Building Completion Certificate (BCC) had not been submitted by the institute. To controvert this allegation, the .
institute has filed an affidavit wherein it is submitted that even though the institute is located in rural area, yet it has submitted 'BCC' to the competent authority. Therefore, in this view of the matter, no further action is required to be taken in this matter and the institute is permitted to run the courses. r B a) 33: Rameshwari Teacher Training Institute (B.Ed.), Sarabai, District Kullu.
B a) 34: Rameshwari Teacher Training Institute (D.El.Ed.), Sarabai, District Kullu.
B a) 35: Rameshwari Teacher Training Institute (B.P.Ed.), Sarabai, District Kullu.
279 The SIT in its Progress Report No.8 (pages 142 to 148) has concluded that the instructional and infrastructural facilities available with the College were found to be sufficient for one unit of B.Ed. Course, whereas, the College was running two units of B.Ed. Course and one unit of D.El.Ed. It was, therefore, prayed that directions be issued to NCTE, HPU and HPBOSE not to allow further admissions in this college, except one basic unit of B.Ed Course (50 students) until proper infrastructure is set up and ::: Downloaded on - 18/12/2018 22:55:37 :::HCHP 205 instructional facilities as per NCTE norms are put in place by the College.
280 Under the orders of this Court, the institute was .
directed to be inspected by the VT of the NCTE, who in its report (page 3103) submitted that the infrastructural deficiencies as pointed out by the SIT have been removed.
Though there were certain instructional deficiencies for which we have already granted time up to the next academic session, to be removed. That apart, the institute has also filed its affidavit controverting therein the findings of the SIT. Further, it has been stated that the institute is having total builtup area of 3591.66 square metres and at the time of inspection by the SIT one constructed area in which earlier the BCA and BBA classes were being run was not at all counted, though there were no admissions in the said courses, however, now the BCA and BBA Courses have formally been shut down since there were no admissions in the said courses for the last three years and the entire built up area is now being put to use for these three educational courses. Therefore, since there was no deficiency in the infrastructural facilities, the institute is permitted to run the courses. However, for removing of instructional deficiencies, ::: Downloaded on - 18/12/2018 22:55:37 :::HCHP 206 we have already granted time up to the next academic session.
B a)36: Kullu College of Education (B.Ed.), Bohgana, .
District Kullu, H.P. B a) 37: Kullu College of Education (D.El.Ed.), Bohgana, District Kullu, H.P. 281 The SIT in its progress report No.8 (pages 149
158) after scrutiny of records and physical inspection of this Institute has found certain infrastructural and instructional deficiencies and prayed that the deficiencies be brought to the notice of AICTE/PCI/HPU for compliance before the commencement of next academic session.
282 The VT, in compliance to the direction of this Court visited, the Institute on 13.6.2018 (pages 36063649), and pointed out that the Institution is running two units of B.Ed and one unit of D.El.Ed. As per BCC, the Institution has only 2530 sq.mts. built up area, whereas as per the Regulations, 2014, the total builtup area required for the two units of B.Ed. is 3500 sq. mts. Hence, the deficiency in terms of the built up area by the Institution has not been removed. Apart from that, it is pointed out that the Institution is lacking approval of required faculty/staff by the ::: Downloaded on - 18/12/2018 22:55:37 :::HCHP 207 affiliating body as per the provisions of NCTE Regulations, 2014.
283 It would be noticed that one of the main .
objections of the SIT was with regard to sharing of the facilities by various courses, however, no objection to common facilities being shared can now survive in view of the judgment rendered by this Court in CWP No. 1102 of 2018, titled H.P. Private B.Ed. Colleges Welfare Association vs. National Council for Teacher Education and others, decided on 14.9.2018.
284 However, as regards the instructional deficiencies, time has already been granted to the Institution, like the other Institutions, to rectify the same upto the next academic session.
B a) 38: Janak Raj Mahajan B.Ed. College, Gangath, Tehsil Nurpur, District, Kangra, H.P. 285 The SIT in its progress report No.9 after scrutiny of records and physical inspection of this Institute has found some deficiencies in the existing infrastructural and instructional facilities and has prayed that the deficiencies be brought to the notice of the NCTE and HP University for compliance by the Institution before the next academic session.
::: Downloaded on - 18/12/2018 22:55:37 :::HCHP208 286 The VT in compliance to the direction of this Court visited the Institution on 13.6.2018 (pages 30653066), and found no infrastructural deficiencies and rather, specific .
note has been appended with the report that the deficiencies that were noticed by the SIT have been removed by the Institution. It is further noted that instructional as well as infrastructural facilities are as per the NCTE norms.
287 Another report pertaining to this Institution by the NCTE is available at pages 39383940, where only instructional deficiencies have been pointed out, for which time has already been granted to the Institution, like the other Institutions, to rectify the same upto the next academic session.
B a) 39: Kanta College of Education, VPO Chalwara, Tehsil Jawali, District Kangra, H.P. 288 The SIT in its progress report No.9 (pages 4348) after scrutiny of records and physical inspection of this Institute found few deficiencies and prayed that the same be brought to the notice of the NCTE and HP University for compliance by the Institution before the next academic session.
::: Downloaded on - 18/12/2018 22:55:37 :::HCHP209 289 The VT in compliance to the direction of this Court visited the Institution on 12.6.2018 (pages 3067), and no deficiencies therein were pointed out.
.
290 The shortcomings as pointed out by the SIT have been controverted by the Institution by filing an affidavit (pages 12891310), however, we need not refer to the same in view of the report of the VT that was appointed by this Court to inspect this Institution.
291 Another report of the VT is available at pages 394142, wherein only instructional deficiencies have been pointed out, for which time has already been granted to the Institution, like the other Institutions, to rectify the same upto the next academic session.
B a) 40: Minerva College of Education,Village Changrara, Tehsil Indora, District Kangra, H.P. 292 The SIT in its progress report No.9 (pages 4955) after scrutiny of records and physical inspection of this Institute has concluded that this Institution totally lacks in infrastructural and instructional facilities. It has been pointed out that the college building has been shifted to the adjacent building without informing and getting it inspected from the NCTE. It has been prayed that since this Institution totally lacks in infrastructural and instructional ::: Downloaded on - 18/12/2018 22:55:37 :::HCHP 210 facilities, therefore, directions be issued to NCTE/HP University not to allow any further admission in this Institution till the deficiencies are removed.
.
293 The VT in compliance to the direction of this Court visited the Institution on 12.6.2018 (pages 3067), and found no deficiency insofar as it relates to infrastructural facilities though certain instructional deficiencies were found.
However, thereafter, the VT has filed another report (pages 39313933), wherein it is pointed out that the building completion certificate has not been submitted with VTR to establish that the built up area is 3893.81 sq. mts. as stated in the VTR. However, no credence can be given to this report as the same is based upon the observation made in the office while sitting in Delhi and not after physical verification. That apart, the Institution has filed its affidavit (pages 46204745) which clearly proves that the Institution is having more than the requisite built up area. However, as regards the instructional deficiencies, time has already been granted to the Institution, like the other Institutions, to rectify the same upto the next academic session.
::: Downloaded on - 18/12/2018 22:55:37 :::HCHP211 B a) 41: Dronacharya College of Education, VPO Rait, Tehsil Shahpur,District Kangra H.P. 294 The SIT in its progress report No.9 (pages 100 .
106) after scrutiny of records and physical inspection of this Institute noticed some minor deficiencies in the infrastructural and instructional facilities and prayed that the directions be issued to the NCTE and HP University to get the deficiencies removed from the Institution before the start of next academic session.
295 to The VT in compliance to the direction of this Court visited the Institution (pages 31883191) and filed its report, wherein only minuscule infrastructural deficiency was found. As against the requirement of built up area of 3500 sq. mts., the Institution was found to be possessing built up area of 3492 sq. mts., i.e. 8 sq. mts. short of the prescribed standard, which can conveniently be ignored. Apart from that, no other infrastructural deficiency was pointed out.
296 As regards the instructional deficiencies, time has already been granted to the Institution, like the other Institutions, to rectify the same upto the next academic session.
::: Downloaded on - 18/12/2018 22:55:38 :::HCHP212 B a) 42: Sharan College of Education for Women (B.Ed. & D.El.Ed.), VPO Gurkari, Kangra, H.P. 297 The SIT in its progress report No.9 (pages 107 .
115) after scrutiny of records and physical inspection of this Institute has concluded that the approval of the NCTE has been obtained fraudulently as no building has been found constructed on the land shown in the name of the society and there is an acute shortage of infrastructural and instructional facilities. On the basis of such findings, it has been prayed that
1. A criminal case be ordered to be registered either by CBI or State Vigilance & Anti Corruption Bureau, Himachal Pradesh against H.K. Chaand and others for obtaining recognition/affiliation from NCTE/HPU/HP Board of School Education on the basis of the false information/affidavits regarding the land and built up area and other infrastructure available with the Society.
2. Since the Institution lacks in infrastructure and the instructional area and recognition and affiliation had been obtained on the basis of misrepresentation and submission of the false information/documents/affidavits, directions be issued to NCTE, HPU and H.P. Board of School Education not to allow any further admission.
3. Directions be issued to Revenue Department of Government of Himachal Pradesh through the Chief ::: Downloaded on - 18/12/2018 22:55:38 :::HCHP 213 Secretary, Government of Himachal Pradesh, to cause an enquiry to be conducted as to how land was registered in the name of the society without obtaining permission under Section 118(2) of the H.P. .
Tenancy and Land Reforms Act, 1972.
298 The VT in compliance to the direction of this Court inspected the Institution (pages 30723078) and filed its report, wherein no infrastructural deficiency was found.
In the note appended with the report,it has been specifically mentioned that (i) the land in question measuring 8684 sq. mts. is in the name of Mr. Anshul Saini, Chairman of the Society; (ii) Agricultural land certificate was produced by the College. In addition thereto, there were eight other notes appended with the inspection report, which in substance only deal with the institution having removed the infrastructural deficiencies and made endeavours to remove the instructional deficiencies.
299 The Institution, in turn, has filed its affidavit (32293239), wherein all the objections raised by the SIT have been controverted point wise.
300 In addition thereto, there is another inspection report available on record (pages 39513955), wherein it is acknowledged that the jamabandi issued by the Revenue Department shows that the land is standing in the name of ::: Downloaded on - 18/12/2018 22:55:38 :::HCHP 214 the society, even though it was pointed out that the building completion certificate is not there. However, later part of the report can conveniently be ignored as the same has been .
prepared in the office while sitting in Delhi, whereas the VT report, in which these issues were not raised, has been submitted to this Court after scrutiny of records and physical inspection of the Institution.
301 In view of above, the Institution is permitted to run its courses as are being run by it. However, as regards the instructional deficiencies, time has already been granted to the Institution, like the other Institutions, to rectify the same upto the next academic session.
B a) 43: Neelam College of Education, Village Jimjima, Tehsil Joginder, District Mandi, H.P. 302 The SIT in its progress report No.9 (pages 116
120) after physical verification and scrutiny of the records concluded that there were certain infrastructural and instructional deficiencies and prayed that the directions be issued to the NCTE and H.P. University to get the deficiencies removed from the College before the next academic session.
::: Downloaded on - 18/12/2018 22:55:38 :::HCHP215 303 The findings recorded by the SIT have been controverted by the institution by filing detailed affidavit (Pages 845861). However, we really need not to refer to the .
same in view of the inspection conducted by the V.T. of NCTE in compliance to the directions of this Court. The V.T. inspected the institution on 12.6.2018 and found no deficiencies in the said institution. There is yet another report available on record at pages 39733976, however, no credence to the same can be given as this report admittedly has been prepared while sitting in the office and not based upon the physical verification of the institute. Therefore, the institute is permitted to run the courses.
B a) 44: KLB College for Girls (B.Ed.), Lohna, Palampur, District Kangra, H.P. B a) 45: KLB DAV College for Girls (D.El.Ed.), Palampur, District Kangra, H.P. 304 The SIT in its progress report No.9 (pages 121
136) after scrutiny of the records found some deficiencies in the infrastructural and instructional facilities and have prayed for directions to the NCTE, H.P.University and H.P. Board of Secondary Education to get the deficiencies removed from the College before the start of next academic session.
::: Downloaded on - 18/12/2018 22:55:38 :::HCHP216 305 This report of the SIT has been controverted by the institutions by filing affidavit (Pages 13111314).
However, we really need not to refer to the said affidavit in .
view of the physical verification carried out by the V.T. of the NCTE pursuant to the directions passed by this Court. The V.T. visited the institute on 12.6.2018 and found all the deficiencies as pointed out by the SIT to have been removed, rather a specific note has been appended with the report which reads thus: r "VT members visited - KLB College of Girls and observed the following re clarification in the College as instructed by NCTE:
1)The preexisting old labs has been changed and established into four resource centres namely:
(i) curriculum lab ;
(ii) ICT resource centre ;
(iii) Health and physical education centre;
(iv) Art and craft resource centre.
a) Curriculum labs Previously area of curriculum lab was 1136 sq.ft., this has been increased to 1515 sq.ft.
b) ICT resource centre - It was running in one room of built up area of 660 sq.ft. with a capacity to accommodate 20 students. New area has been added to 660 sq.ft. to new 130 (new total area) sq.ft.
one room added to accommodate 50 students.
::: Downloaded on - 18/12/2018 22:55:38 :::HCHP217 306 Two other notes have been appended with this inspection report which deal with the Health and physical resource centre as also the art and craft resource centre, as .
already being constructed as per the NCTE norms.
307 There is another inspection report of the NCTE available at pages 39443945, wherein only instructional deficiencies have been pointed out and removal for which time upto the next academic session has already been granted to all the institutions.
B a)46: Gianjyoti Institute of Bachelor Education (B.Ed.), Rajol, Tehsil Shahpur, District Kangra.
B a)47: Gianjyoti Institute of Bachelor Education (D.El.Ed.), Rajol, Tehsil Shahpur, District Kangra.
308 The SIT in its progress report No.9 (pages 9299) after scrutiny of the records and physical verification, has concluded that the institute was being run from the premises which were not approved by the NCTE and even the land does not belong to the institute or the Society and was in the name of an individual, who is the President of the Society.
The Infrastructure of the institute was being shared with BBA/BCA courses being run from the same premises in violation of the norms. It is further concluded that the ::: Downloaded on - 18/12/2018 22:55:38 :::HCHP 218 institute totally lacks in infrastructural as well as instructional facilities to run two units of B.Ed. course, D.El.Ed. course, BBA and BCA course. The acting Principal .
of the college was also the Treasurer of the Society. It was prayed that since the institution lacks in infrastructure and the instructional area and was being run from the present premises without prior permission of NCTE, therefore, directions be issued to NCTE, H.P. University and H.P.Board of Secondary Education not to allow any further admissions till all the deficiencies are removed and complied with including the approval of NCTE to run the institute from the present premises.
309 The institutions were inspected by the V.T. of NCTE in compliance to the orders of this Court and during the visit on 12.6.2018 found that all the deficiencies as have been pointed out by the SIT to have been removed, rather a specific note has been appended with the report which reads thus:
i. The President of the institute donated the land to the Society and it is on the process of transferring the same.
ii. The President has given an undertaking that the infrastructure of the institute has not been shared with any other courses like BBA/BCA.::: Downloaded on - 18/12/2018 22:55:38 :::HCHP
219 iii. The institute having adequate information to instructional facilities to run the B.Ed. and D.El.Ed. courses.
iv. The regular Principal has been appointed since .
last three months and it is in the process of approval from the concerned University.
310 In addition to this, we find another report of the NCTE on record at pages 39473949, wherein certain short comings have been found in the report of V.T., but no credence to such report can be given as these reports have been prepared at Delhi without physical verification of the record or physical inspection of the spot. Thus, the institute is permitted to run the courses.
B b) 1: Himachal Institute of Technology, Paonta Sahib, District Sirmaur 311 Even though the SIT in its report has concluded that the institution lacks in infrastructural and instructional area, however, we need not go into this question as the institution has been closed down.
B b) 2: Himachal Institute of Engineering and Technology, Shahpur, Kangra 312 The SIT in its report No. 9 (pages 72 to 78) after scrutiny of the records and physical inspection of the institution has concluded that the institution was not in possession of 10 acres of land, yet the AICTE has granted ::: Downloaded on - 18/12/2018 22:55:39 :::HCHP 220 approval to it in violation of its own norms. It is further concluded that institute lacks infrastructural and instructional facilities. Moreover, the institute was found to be running 5 .
years integrated LLB course as well as a course in Hotel Management (3 years course) from the same campus in utter violation of AICTE norms. It was prayed that since the institute lacks in infrastructure and instructional area and extension of approval had been obtained on the basis of misrepresentations and submission of false information, documents and affidavits, directions may please be issued to AICTE/HPTU not to extend further approval/ affiliation to the institution till the deficiencies pointed out in the inspection report were removed and necessary permission to conduct 5 years integrated LLB course and Hotel Management course from the campus premises of the institute is granted by the AICTE.
313 The institute has filed its reply (pages 1832 1838)controverting the findings of the SIT and it is averred that at the time of establishment of the institution, it had purchased land to the extent of 100 kanals. It is further averred that since different modes of measurement in the State of Himachal Pradesh, it was made to understand that 100 kanals is equal to 10 acres, however, later on it transpired that 100 kanals as per available measurement in the State comes out to be 9.56 acres, ::: Downloaded on - 18/12/2018 22:55:39 :::HCHP 221 thus, there is only slight deficiency, which was not intentional.
It is further averred that AICTE has amended its norms, whereby the area required has now been reduced to 7.5 acres .
as against 10 acres. The institution is having three courses in which the institute having five zero admission courses i.e. Electronics & Communication Engineering, Electrical Engineering, Automobile Engineering, M. Tech.ME & Electronics & Communication Engineering, which reduces the seats by 60x3=180 and 180x4=720, 18x2=36 and 36x2=72 by adding both = 792 actual seats, which are lying vacant and as against total 2976 sanctioned seats - 792 vacant seats = 2184, which reduces the area requirement. It is also averred that the SIT has measured only two blocks whereas one another block has not been measured by the SIT, which consists of six floors and out of six, two floors are absolutely complete, which are having an area of approximately 2200 sq.mts.
314 On the direction of this Court, the institute was got inspected by Expert Committee and in its report No. 5 (pages 23102335) opined that there were adequate lab facilities for five programmes, however, for Automobile & Electrical Engineering and U.G. programmes, lab facilities were inadequate and only ramp was provided at the entrance of the block.
::: Downloaded on - 18/12/2018 22:55:39 :::HCHP222 315 However, as already observed above, the Automobile and Electrical Engineering courses have already been closed down, therefore, the facilities as available with the .
institute are sufficient for running of the courses as are currently being run. Accordingly, the report submitted by the SIT is overruled and the institute is permitted to continue with the courses.
B b)3: KLB DAV Girls College for Management, Lohna, Bundla, Tehsil Palampur, Distt. Kangra.
B b)4: KLB DAV Girls College for Technology, Lohna, Bundla, Tehsil Palampur, Distt. Kangra.
316 The SIT in its report (Pages 127131, 132136), after scrutiny of the records and physical inspection of the institution has noticed some deficiencies in the infrastructure as also instructional facilities and has prayed for directions to the AICTE and HP technical University to get the deficiencies removed from the institute before the start of next academic session.
317 On direction of this Court, the Expert Committee of the NCTE conducted physical verification of both these institutes and as per the reports (pages 23362349, 2350 2364), as regards the College of Management no deficiency except there being no ramp/lift available for physically ::: Downloaded on - 18/12/2018 22:55:39 :::HCHP 223 challenged persons were noticed. To similar effect is the report with regard to the institute of Technology. Thus, there being practically no shortcomings, we permit the institute to continue .
the courses which it is already running.
B c) 1: Himachal Institute of Pharmacy, Rampur Ghat Road, Paonta Sahib, Sirmaur.
318 The SIT in its progress Report No. 7 (pages 109
115), after scrutiny of the records and physical inspection of the institution has concluded that there was no misrepresentation of facts or fraud could be detected on the part of the institute or its management in obtaining approval from AICTE or Pharmacy Council of India (PCI). However, some minor deficiencies were noticed during inspection. It was finally prayed that deficiencies noticed during the course of inspection may be ordered to be brought to the notice of AICTE and PCI so that they may ensure rectification of those deficiencies before extension of approval for the next academic session.
319 On the direction of this Court, the institute was inspected by Expert Committee (pages 23652381) and it was reported that (I) actual room numbers at the building of the institution are not matching with the room numbers given in the application, (ii) barrier free environment is therefore on ground floor only and is under progress for the other floors, (iii) ::: Downloaded on - 18/12/2018 22:55:39 :::HCHP 224 sanction plan for 2nd floor was not shown in the institution building.
320 Noticeably, this is the same institute which is .
running the other courses in the name of Himachal Institute and has already closed down majority of courses, therefore, there is adequate infrastructure available with this institution.
Thus, the Institute is permitted to run courses as already being run by it. As regards the instructional deficiencies, the same like, any other institutions will have to be removed/complied with by the next academic session.
B c) 2: Himalayan Institute of Pharmacy, Kala Amb, District Sirmuar.
321 The SIT in its progress Report No. 7 (pages 116
123), after scrutiny of the records and physical inspection of the institution has concluded that (i) the institute lacks in covered area and the premises is being shared with other courses run by the Trust from the same campus, (ii) there is shortage of labs, other infrastructure areas are shorter in size and several other facilities like Seminar Room and Auditorium are not available separately and are being shared with the other courses being run from the same premises, (iii) the library and labs are also not upto the mark, (iv) no senior faculty members are available. Therefore, it is prayed that since the institution ::: Downloaded on - 18/12/2018 22:55:39 :::HCHP 225 lacks in infrastructure and instructional area, therefore, directions be issued to AICTE/HPTU not to permit any further admission from the academic Session 201718 till the .
deficiencies pointed out in the inspection report are rectified.
322 On directions of this Court, the Expert Committee visited the institute on 05.06.2018 and has submitted the report (pages 23822396), wherein it has been pointed out that
(i) the infrastructure of the institute was ready and functional in all respects, (ii) the total land available with the trust is 25 acres out of which 2 acres land allotted to Pharmacy, 7.5 acres land allotted to Engineering & Technology, 01 acre land allotted to Computer Science and 04 acres land is allotted to Polytechnic. Hence, 15.5 acres of land is allotted to the above mentioned institutes is comprised in the same piece of land, however, approved drawings and site plan was not available at the time of visit.
323 In view of above, the Institution is permitted to run its courses as are being run by it. However, as regards the instructional deficiencies, time has already been granted to the Institution, like the other Institutions, to rectify the same upto the next academic session.
::: Downloaded on - 18/12/2018 22:55:39 :::HCHP226 B(c) 3: Vinayaka College of Pharmacy, Bohgana, P.O. Garsa, Kullu.
324 The SIT in its progress Report No. 8 (pages 156 .
161), after scrutiny of the records and physical inspection of the institution has concluded that few infrastructural and instructional deficiencies were noticed by it and have prayed that these deficiencies may be brought to the notice of AICTE/HPTU for compliance before the commencement of next academic session.
325 to On direction of this court, the institute was inspected by the Expert Committee, who in its report (pages 23972412 has found the following deficiencies:
(i) approved building place was not available
(ii) occupation certificate is not accepted
(iii) barrier free environment and toilets for handicap are not available
(iv) sewerage disposal is not proper and Architect's certificate was not provided
(v) fire safety NOC is not available from the fire department,
(vi) stock registered are not maintained, (vi1) digital library is not available, (vii1) language lab is not available,
(ix) board room, cafeteria and stationery store is not available, (x) PG courses rooms and labs are not available, ::: Downloaded on - 18/12/2018 22:55:39 :::HCHP 227
(xi) office area, boys common room, girls common room, library, computer centre, examination rooms are less in area,
(xii) the land documents are verified from photocopy as .
only one land registration document was available in original. The other land document was mortgaged to PNB Sundernagar and hence, not available.
(xiii) various area filled in application were not available.
326 The institute has filed its compliance affidavit (pages 53635572) wherein it is pointed out that the deficiencies as pointed out by the SIT as well as Expert Committee of AICTE have been removed. In support of these averments, the building plan of the institution duly approved by the Architect and Gram Panchayat, Garsa, District Kullu has been annexed as Annexure R1 (colly) and occupation certificate has been annexed as Annexure R2. It is further averred that barrier free environment and toilets for handicapped have also been made available. The sewage disposal plan has also been provided and certificates to this effect have been annexed as Annexure R3 (colly). Likewise, the Fire Safety Certificate has been appended as Annexure R4. The stock register is annexed as Annexure R5 (colly).
327 In addition thereto, it is averred that the digital library has now been made available and in support of such ::: Downloaded on - 18/12/2018 22:55:40 :::HCHP 228 averments purchase bills of the software is annexed as Annexure R6. Likewise language library has also been established and bill of the software is annexed as Annexure R7 .
(colly). The board room cafeteria and stationery store have also been set up and photographs thereof have been annexed as Annexure R8 (colly). As regards P.G. classes, it has been submitted that there are no PG classes in the institution and certificate to this effect has been annexed as Annexure R9. As regards office area, boys common room, girls common room, computer centre, library and examination room, it has been stated that the same will be reoriented in the area already available with the institution before the commencement of the ensuing academic session and certificate to this effect has been annexed as Annexure R10 (colly). Certificate showing that the land has been pledged with the bank has been appended with Annexure R11. As regards machine room and instructions room, it is stated that the same has been duly established and photographs in support of this have been annexed as Annexure R12 (colly). It has further been submitted that now there are 12 labs.
328 In addition thereto, more books, chemicals and equipments have been purchased and in support of such averments bills have been appended as Annexure R13 (colly).
::: Downloaded on - 18/12/2018 22:55:40 :::HCHP229 329 Since, majority of deficiencies, as were pointed out by the Expert Committee of the AICTE have now been removed, therefore, we permit the institution to run its courses with the .
clear understanding that the remaining infrastructural deficiencies, if any, shall be removed by the next academic session. As regards the instructional deficiencies, like any other institutions time by the next academic session is granted to remove such deficiencies or else consequences shall follow.
B c) 4: Himachal Institute of Pharmaceutical Education and Research, Bela, Nadaun, District Hamirpur.
330 The SIT in its report No. 6 (pages 61 to 65), after scrutiny of the records and physical inspection of the institution has concluded that institute on the face of it appears to be satisfactory and it is accordingly prayed that deficiencies as noticed by the SIT may be ordered to be brought to the notice of AICTE, PCI and HPTU for compliance by the institute.
331 The institute has controverted the findings of the SIT by filing affidavit (pages 820843), however, we need not deal with this affidavit in view of the institute having got inspected by this Court from the Expert Committee, who in its report has found the following deficiencies with regard to ::: Downloaded on - 18/12/2018 22:55:40 :::HCHP 230 infrastructure; (i) library size is inadequate, (ii) machine room and instrument room size not adequate, (iii) tutorial room not available, (iv) computer lab size inadequate (v) girls common .
room size inadequate, (vi) number of computers are less than the required i.e. 23 against 30 computers, (vii) language laboratory not available, (viii) no student counseling facility,
(ix)number of titles and number of volumes in library inadequate and (x) library management software not available.
332 The institute has also controverted the findings given by the Expert Committee by filing an compliance affidavit (pages 47564807), wherein it is pointed out that the size of the library as measured by the SIT was 99 sqm. as against the area of 100 sqm., however, the Expert Committee has conducted the inspection and submitted the report on the basis of the Regulations meant for new institutions coming up for the sessions 201819. The required computer lab area which was 150 sqm. was subsequently decreased to 75 sqm. and as against this the institute was already having 64 sqm. which was subsequently increased to 150 sqm.
333 All the deficiencies pointed out by the Expert Committee of the AICTE have been removed. The girls common room has been provided with the additional space of 20 sqm.
The Medical Centre has been set up. Deficiencies in the ::: Downloaded on - 18/12/2018 22:55:40 :::HCHP 231 laboratory have been removed by setting up additional laboratory and multipurpose hall is equipped with all needed accessories.
.
334 In addition thereto, additional books have been purchased and in support of such averments, bills of these books have been appended as Annexure 29/12 & 29/12B. It is further averred that more books as per PCI syllabus purchased after the semester break is over. In addition thereto, 4 new computers have been purchased on 03.11.2016 (bill attached). A new Tablet Punching Machine has been purchased @ Rs.1,48,470/. In addition thereto more instruments for lab have been purchased on 17.03.2017 for an amount of Rs.37,247/. The labs have further been updated on 05.10.2016 by spending Rs.27,150/. The subsequent updation was done on 29.03.2018 by spending Rs.16,840/. Chemicals were purchased on 27.10.2017 and 30.01.2018 for Rs.
42,439/. In addition thereto, 7 new computers have been purchased. The language laboratory software has been purchased on 20.06.2018. The students counseling faculty has been appointed on 05.06.2018. The pollution certificate and fire certificate have been appended alongwith the affidavit. Library management software has been purchased on 20.06.2018.
Thus, it is evidently clear that all the shortcomings as pointed ::: Downloaded on - 18/12/2018 22:55:40 :::HCHP 232 out by the Expert Committee have been removed. Therefore, we grant permission to the institute to run its course subject to removal of the instructional deficiencies by the next academic .
session.
B c) 5: Leaurate Institute of Pharmacy, Kathog, Tehsil Jawalamukhi, District Kangra 335 The SIT in its progress Report No. 9 (pages 7984), after scrutiny of the records and physical inspection of the institution has found no major deficiency and accordingly prayed that no action is recommended against the institute except increased area in order to accommodate all the students.
336 The findings of the SIT have been controverted by the institute by filing affidavit (pages 18391844), however, we need not refer to the same in view of the institute having been inspected by the Expert Committee of the AICTE pursuant to direction passed by this Court. The Expert Committee in its report (pages 24282444) has observed that the institution is having adequate infrastructure as per the AICTE norms and as against the required area of 132 sqm. in the seminar hall the institution has provided 162 sqm. hall area. In terms of the report, as there is no deficiency, therefore, the institute is permitted to continue with the courses being run by it.
::: Downloaded on - 18/12/2018 22:55:40 :::HCHP233 B c) 6: Himachal Pharmacy College, Manjhauli, Tehsil Nalagarh, District Solan 337 The SIT in its Report No. 10 (Pages 213218) after .
scrutiny of the records and physical inspection of the institution has found few deficiencies in respect of infrastructural facilities available with the institution and has prayed that the deficiencies as noted during the course of inspection be forwarded to the AICTE for taking further necessary action in the matter.
338 The institute was inspected by the Expert Committee of the AICTE pursuant to the direction by this Court and submitted its report (pages 24452458), wherein the following deficiencies have been observed:
(i) No barrier free environment (no ramp/no lift/no toilet for physically challenged students).
(ii) No language lab.
(iii) No proper library staff and no library management software. (iv) Cader ratio of faculty is not maintained.
(v) Principal was not available.
(vi) Journals for 201718 & 201819 not subscribed but DELNET subscribed.
339 We have considered the rival claims and are of the considered view that the courses being currently run by the Institute ought to be permitted, with a clear understanding that ::: Downloaded on - 18/12/2018 22:55:40 :::HCHP 234 the deficiencies in instructional facilities are removed by the next academic session. Ordered accordingly.
B d) 1: Minerva Polytechnic, Village Changrar, Tehsil .
Indora, Kangra 340 The SIT in its progress Report No. 9 (pages 5662), after scrutiny of the records and physical inspection of the institution has concluded that institute totally lacks in infrastructural and instructional facilities and unfit to continue with any of the courses till the deficiencies are completely removed by it. It has accordingly been prayed that directions be issued to AICTE, DTE and HPTSB, Dharamshala not to allow any admission to this polytechnic till all the deficiencies are removed by the College management.
341 The institute was got inspected by the Expert Committee, who in its report (pages 24592478) has found the following deficiencies with regard to infrastructure:
(i) Number of laboratories are less than required.
(ii) The institution is not having examination control room, language laboratory and training placement office.
(iii) The institution must provide one more computer lab with all relevant connections and also one more library as per AICTE norms and intake.
(iv) Institution has not provided barrier free environment.::: Downloaded on - 18/12/2018 22:55:40 :::HCHP
235 342 The institute has filed compliance affidavit wherein it is stated that institute is imparting three years diploma in six streams i.e. Electrical, Mechanical, Civil, Computer Sciences, .
Information Technology, Electrical and Communication Engineering. However, on account of nonavailability of students the institute has decided to close down three diploma Engineering streams i.e. Computer Sciences, Information Technology and Electronic & Communication Engineering and wants to continue with remaining three diploma courses i.e. Civil, Mechanical and Electrical. Therefore, the deficiencies as pointed out by the SIT or Expert Committee, especially in relation to computer lab, will not be applicable as the diploma relating to computers i.e. Computer Sciences and Information Technology is being closed.
343 Since the institute has decided to close down three of its diploma courses, we are of the considered view that the infrastructure as possessed by the Institute is sufficient to run the remaining three courses i.e. Civil, Mechanical and Electrical. As regards the instructional deficiencies, the same, like other institutions, will have to be removed by the next academic session or else consequences shall follow.
Accordingly, we permit the institute to run three courses and close down other three courses.
::: Downloaded on - 18/12/2018 22:55:41 :::HCHP236 C a)1: Shanti College of Education for B.Ed. and M.Ed., Kailash Nagar, Nakroh, Tehsil Amb, District Una, H.P. C a)2: Shanti College of Education for D.El. E.D. .
Kailash Nagar, Nakroh, Tehsil Amb, District Una, H.P. 344 The SIT in its progress report No.5 (pages 315) after scrutiny of records and physical inspection of this Institute has drawn the following conclusions:
1. Shanti International Public School and Shanti College of Education were being run from the same premises and there was no demarcation of area for any one of them. The Physics, Chemistry and Biology Labs were in fact situated in the College premises, but the same were being used by the school.
2. The Institution lacked basic infrastructure required for running D.El.Ed., B.Ed. and M.Ed.
Courses.
3. The site plans submitted by Shanti Educational Society to NCTE for starting B.Ed. and M.Ed. Courses were different from the site plan made available to the SIT at the time of inspection on 25.4.2016. Most of these plans allegedly attested/approved by Sh. S.K. Chauhan, the then Asstt. Engineer, Municipal Council, Una, contained false and incorrect position regarding the covered area of the Institution constructed by the Society. Shri Chauhan acted in an improper manner and unauthorizedly attested/approved these plans so as to give them the colour of official approval. These pans were neither dealt nor approved in the office of ::: Downloaded on - 18/12/2018 22:55:41 :::HCHP 237 Municipal Council,Una and were also not a part of official record of the Council since the area did not fall under their jurisdiction.
4. Shri Chandan Lal Sharma, Chairman, Shanti .
College of Education had submitted an affidavit dated 11.7.2007 to the NCTE in which he had shown that the society owns a total area of 7068 sq.mts. with a built up area of 2225.76 sq. mts. to start B.Ed. course. Again on 7.10.2008, Shri Chandan Lal Sharma, Chairman of the college submitted another affidavit to NCTE to start M.Ed course in the said Institution in which the built up area for M.Ed. Course had been shown as 1762.94 sq.mts.. It may thus be seen that the total built up area to run B.Ed. and M.Ed. Courses had been claimed as 3988.70 sq.mts. which is different from the total built up area shown as3584.35 sq.mts. in the building plan submitted to NCTE/NRC with the application for recognition of D.El.Ed course showed a total bult up area as 3584.35 sq.mts.
Further, after physical measurements of the Institution by HP PWD officials during inspection the total built up area of the Institution being used to run D.El.Ed., B.Ed. and M.Ed. Courses had been found as 2812 sq.mts. This would lead to a necessary inference that the Society misrepresented to the NCTE about the built up area, submitted false plans and information with a view to obtain recognition to start B.Ed., M.Ed. and D.El.Ed courses. Shri Chandan Lal Sharma also submitted false affidavits in this regard and thus cheated the NCTE.
5. Serious deficiencies were found in respect of the staff, faculty members and infrastructure ::: Downloaded on - 18/12/2018 22:55:41 :::HCHP 238 available in the Institution to run D.El.Ed., B.Ed., and M.Ed. Courses, which were grossly inadequate to run these courses.
6. The Management of the Shanti Educational .
Society did not comply with the deficiencies despite the fact that the HPU repeatedly pointed out the various deficiencies to them during their inspections.
7. It has also come to light that the said college premises were earlier being used to run BBA,BCA and PGDCA courses, but the same had since been discontinued.
345 On the basis of the aforesaid conclusions, it has been prayed that
1. a criminal case be ordered to be registered either by CBI or State Vigilance & Anti Corruption Bureau, Himachal Pradesh against Sh.Chandan Lal Sharma, Chairman/President, Shanti Educational Society, Kailash Nagar, Nakroh, Tehsil Amb, District Una and others for obtaining recognition/affiliation from NCTE/HPU on the basis of false documents/information/affidavits regarding the land and built up area and other infrastructure available with the society.
2. Since the Institution lacks in infrastructure and the instructional area and recognition and affiliation had been obtained on the basis of misrepresentation and submission of the false information/documents, directions be issued to NCTE/HPU to cancel the recognition and affiliation of Shanti College of Education, Kaliash Nagar, Nakroh, Tehsil Amb, Distt. Una, with immediate effect.
::: Downloaded on - 18/12/2018 22:55:41 :::HCHP239 346 The Institution(s) initially filed its reply (pages 13231353), wherein it was averred that initially Mr. C.L. .
Sharma, Chairman of the Society, had leased his own land to the Shanti College of Education for 30 years on 12.6.2006 along with the constructed building. The said lease was made on the basis of a lease agreement, which was duly registered and thereafter sale agreement was entered into between Mr. C.L. Sharma and Shanti College of Education and registered on 5.4.2010 and mutation was also attested in favour of the college. The initial lease deed was made as per prevailing norms of 2005 and the college applied for the requisite affiliation from the State Government/NCTE/HP University for running the B.Ed. College. The construction of the building was commenced in the year 2006 and was completed in the year 2007 and the College also commenced its academic session for the year 20072008 by conducting B.Ed. classes with an intake of 100 students on the basis of recognition order issued by the NRC/NCTE on 13.9.2007.
The Institution has made an investment of Rs.23 crores approximately. The Institution had all infrastructural facilities as required under 2005 norms and the SIT has wrongly measured only covered area and not the entire built ::: Downloaded on - 18/12/2018 22:55:41 :::HCHP 240 up area. As regards shortcomings, the Institution averred that there were no such shortcomings.
347 We need not to refer to the affidavit as the .
Institution was got inspected by the VT on 12.6.2018 under the orders of this Court and in its report (pages 32093215), it has still found the following shortcomings:
1. The deficiencies regarding multipurpose hall still not removed.
2. The building does not barrier free campus and blocks in the Institution not connected by RCC.
3. Though, the Institution has enhanced built up area to 3733 sq. mts., however, no documents in support thereof has been provided.
348 In addition thereto, it has pointed out that the premises were earlier being used by the Institution to run BBA, BCA and PGDCA courses, but the same have been discontinued.
349 The Institution has filed its affidavit (pages 36563661) whereby it has sought to controvert the findings of the VT and it has been stated the the Institution is having an area of 3733 sq. mts. in which three courses were being run. Earlier, the Institution was having 3584.35 sq. mts.
area and thereafter, 200 sq. mts. additional area was added.
Since the Institution falls in the rural area, therefore, there is no requirement of of any permission or approval from the ::: Downloaded on - 18/12/2018 22:55:41 :::HCHP 241 M.C. and the buildings plans duly attested by an Executive Engineer were submitted to the NCTE. It has been specifically stated that certain deficiencies have been exaggeratedly .
shown by the SIT as some altercation took place between SIT and the then Principal of the College, otherwise, there is no shortcoming whatsoever, as the entire area of 3733 sq.mts.
is dedicated to B.Ed., M.Ed. and D.El.Ed. Courses. The Institution has 10 classrooms.
350 In addition thereto, the Institution has thereafter filed another supplementary affidavit (pages 5593 5599),wherein it has been averred that the Shanti College of Education is situated over an area measuring 7068 sq.mts.
i.e. about 9.39 bighas, whereas Shanti International Public School is situated separately over an area measuring about 13.27 bighas. Both the institutes, i.e. Shanti College of Education and Shanti International Public School not only have their separate lands, but have also separate campuses demarcated with boundary walls and have different entry gates, buildings, one play ground each and one common play ground. In support of such contentions, photographs of both campuses have been annexed, which prima facie prove that both these campuses are separate and since the Institution has already closed down some of the courses, we are of the ::: Downloaded on - 18/12/2018 22:55:41 :::HCHP 242 opinion that the Institution has requisite infrastructural facilities to run the courses and accordingly, report submitted by the SIT is set aside and the Institution is .
permitted to run the courses that are currently being run by it.
351 As regards the instructional deficiencies, time has already been granted to the Institution, like the other Institutions, to rectify the same upto the next academic session. r C a) 3: Modern Education College, Annadale, Shimla 352 The SIT in its progress report No.5 (pages 4049) after scrutiny of records and physical inspection of this Institute has drawn the following conclusions:
1. Modern Education College and Modern Nursing College were being run from the same building and there was no demarcation of area for any one of them and the Labs. Library and other facilities were being shared by them.
2. Sh. Jeet Singh Rana submitted a forged copy of lease deed dated 21.12.2006 in which the area of land available to him i.e. 931.65 sq. mts. had been altered to appear as "2931.65" sq. mts. and the digit "2" had been added to the original lease deed so as to meet the minimum requirement of 2500 sq. mts. as required by the NCTE in its norms for B.Ed. colleges. This fact is established from the certified true copy of the lease ::: Downloaded on - 18/12/2018 22:55:41 :::HCHP 243 deed obtained from SubRegistrar (U) Shimla which proves that there are handwritten annotations and typed additions in the photocopies of the original document submitted to NCTE and HPU by playing .
with the photostat machine. Sh. Jeet Singh Rana did not produce the original lease deed during inspection but his affidavit dated 30.4.2007 proves his knowledge in which the total area had been falsely shown as 2931.6 sq. mts. and built up area as 1640 sq. mts. with a view to obtain recognition/affiliation and thus the NCTE and HPU were cheated on the basis of forged documents.
3. The dimensions of the various classrooms etc. were altered in the site plan submitted to HPU with a view to claim extra covered area to fulfill the norms and secure affiliation from HPU and these forged site plans were submitted by Sh. Jeet Singh Rana.
4. The Institution lacked basic infrastructure required for running B.Ed. course.
5. Sh. Jeet Singh Rana, Chairman, Modern Shiksha Samiti in his various affidavits submitted to NCTE had included his name as a faculty member by mentioning only as "Jeet Singh" and it has been found during enquiries that Sh. J.S. Rana, Jeet Singh Rana and Jeet Singh, s/o Sh. Shakti Chand are one and the same person. Not only this, Sh. Rana as a Chairman of Selection Committee of faculty members/lecturers did not disclose to the other members deputed by VC HPU that his wife Smt. Deepti Chauhan had also appeared for the interview and instead the selection committee was misled by mentioning her name as Deepti Chauhan, daughter of Sh. Sirmour Singh Chauhan.
::: Downloaded on - 18/12/2018 22:55:41 :::HCHP244 353 On the basis of the aforesaid conclusions, it has been prayed that:
1. A criminal case be ordered to be registered either .
by CBI or State Vigilance & Anti Corruption Bureau, Himachal Pradesh against Sh. Jeet Singh Rana, Chairman/President, Modern Shiksha Samiti, Annadale, Shimla and others for obtaining recognition/affiliation on the basis of false and forged documents regarding the land area available to the Society. The photocopies of the lease deeds submitted to NCTE and HPU were valuable securities which were altered to suit his requirements on the basis of which NCTE/HPU were cheated. Sh. Jeet Singh Rana also misrepresented before the NCTE/HPU abut the availability of lecturers/faculty members by mentioning his name as "Jeet Singh" and thus concealed his real identity, whereas in fact he could not have continued as Chairman and Lecturer in the institution simultaneously. Sh. J. S. Rana also suppressed a material fact about his wife Ms. Deepti Chauhan appearance before a Selection Committee constituted by Vice Chancellor HPU on 1.4.2011 under his Chairmanship by giving her name as "Deepti Chauhan, d/o Sh. Sirmour Singh Chauhan" as the name reflected a conflict of interest. The role played by the inspecting officials from time to time would be looked into during the course of investigation.
2. Since the Institution lacks in infrastructure and the instructional area and recognition and affiliation had been obtained on the basis of misrepresentation and submission of the false/forged documents, ::: Downloaded on - 18/12/2018 22:55:42 :::HCHP 245 directions may please be issued to NCTE/HPU to cancel the recognition and affiliation of Modern Education College, Annadale, Shimla with immediate effect.
.
354 The report of the SIT was initially controverted by the Institution by filing reply (pages 739781) that the report submitted by the SIT is false and mala fide and is not based upon the factual and actual position as existing on the spot. It has been specifically averred that the team visiting the Institution misconducted itself and has gone beyond its powers and competence and wrongly sought to implicate the Institution. Further that, wrong report was given with regard to area available with the Institution being only 931.65 sq. mts. and to the effect that the documents have been fabricated in order to wrongly increase the area to 2931.65 sq. mts. that the built up area of the Institution was only 1151.82 sq.mts and that there was no seminar room available in the Institution and even multi purpose hall was only 1503.44 sq. feet. It has been averred that as per the orders of the Hon'ble Supreme Court, the SIT was comprised of Sh. A.C. Verma, IPS, Sh. A.K. Malhotra, Ex. CBI Officer, Sh. P.C. Sharma, Ex. CBI Officer, Sh. Vijay Kumar, Ex. CBI Officer and two academicians namely Sh. Ajay Kumar Mehra Associate Professor and Dr. Parminderjeet Singh, Assistant ::: Downloaded on - 18/12/2018 22:55:42 :::HCHP 246 Professor, for the purpose of investigation to be carried out in respect of working and functioning of B.Ed. colleges, whereas the SIT which in fact conducted the inspection did .
not comprise of the Chairman, Sh. A.C. Verma, IPS and two academicians and instead there had been 15 members who visited the Institution, which also included certain private persons, who had nothing to do with the investigation/inspection, namely, Sh. Chander Shekhar and Netar Singh. Before any investigation/inspection was carried out, Sh. Vijay Kumar and Sh. L.K. Sharma directed that fees of one student, Ms. Neha, who happened to be the daughter of Sh. Netar Singh accompanying the team, be waived off.
When the Chairman of the Institution expressed his inability to waive off the fees, which was to the tune of Rs. 1,40,000/, the SIT took exception to the same and instead of carrying out the investigation started abusing and threatening the Institution authorities and staff present and even resorted to manhandling the persons present on the spot. Resultantly, a complaint was made to the police immediately after the investigation on the following day on 18.5.2016. To preempt any police action, Sh. Chander Shekhar and Sh. Netar Singh also made a complaint against the college authorities on 17.5.2016, but however, withdrew the same admitting in ::: Downloaded on - 18/12/2018 22:55:42 :::HCHP 247 most unequivocal terms that they had tried to exert pressure through SIT. As regards the complaint made by the college, the same is pending investigation. The copy of the complaint .
and subsequent proceedings have been annexed with affidavit as Annexure RA.
355 As regards the deficiencies pointed out by the SIT, it has been denied that Sh. Jeet Singh Rana during inspection had stated that the land measuring 2931.65 sq. mts. had been leased to the College by way of single lease deed executed on 21.12.2006. As a matter of fact, two lease deeds of land measuring 2000 sq.mts. and 931.65 sq. mts.
had been prepared on 21.12.2006 and copies thereof have been annexed as Annexure RB with the affidavit.
356 As regards the premises of the nursing college, it has been stated that the same are completely different and the management and activities of the said college are carried out in the said independent and different premises. In support of such contentions, photographs have been annexed as Annexure RC.
357 As regards manipulation in the lease deed,the averments have been categorically denied and it has been averred that there was no need for doing so, especially when the Institution has land to the extent of 2931.645 sq.mts.
::: Downloaded on - 18/12/2018 22:55:42 :::HCHP248 leased in its favour through two different lease deeds (supra).
It has been specifically denied that the application seeking affiliation of B.Ed. college to the HP University was .
accompanied by forged documents. However, as regards the factum of Sh. Jeet Singh Rana having been selected as a Lecturer in the College on 11.4.2011 by a selection committee constituted by the HP University and his wife Smt. Deepti Chauhan having been selected in the same manner, the same has not been denied. It is averred that there is no bar for the Chairman of the Society being appointed as Lecturer in case he or she fulfills the requisite qualifications and both Sh. Jeet Singh Rana and Ms. Deepti Chauhan are duly qualified and in support thereof, their credentials have been annexed as Annexure RD. It has been specifically denied that there was conflict of interest when Smt. Deepti Chauhan came to be selected.
358 As regards other infrastructural deficiencies, detailed averments have been made to show that there is no infrastructural deficiency. However, we need not delve into all these factors any further in view of the report submitted by the VT in compliance to the orders of this Court, wherein it has been categorically found that at present the Institution ::: Downloaded on - 18/12/2018 22:55:42 :::HCHP 249 does not lack infrastructural facilities as required for running B.Ed. course.
359 Even though no deficiency has been pointed out, .
nonetheless, the Institution has filed an application being CMP No.6527/2018 for placing on record the additional documents, wherein it has been averred that the college is being run by a duly registered society in the name and style of Modern Shiksha Samiti, which has been working in the field of education since the year 2003. In the year 2006, Modern Shiksha Samiti resolved to set up a B.Ed. college at Shimla and with this aim, Chairman of the society on 21.12.2006 leased land to the extent of 931.65 sq. mts. in favour of the Modern Shiksha Samiti and in addition thereto, on the same date, i.e. 21.12.2006, one Col. Ravinder Singh also leased land to the extent of 2000 sq. mts. in favour of the society. Both these lease deeds were executed for the purpose of running B.Ed. college. Thereafter, the society vide application dated 28.12.2006 applied to the NCTE for grant of permission to run B.Ed. college and while this application was under consideration, Col. Ravinder Singh on 29.6.2007 further leased land to the extent of 2200 sq. mts. in favour of the society and in this manner, the society is now in possession of area measuring 5131.64 sq. mts. The approval ::: Downloaded on - 18/12/2018 22:55:42 :::HCHP 250 to run B.Ed. college was thereafter received on 13.9.2007 and it is after receipt of approval that the society applied for running M.Ed. and D.El.Ed. Courses. However, the .
application was not considered and rather rejected vide communication dated 6.5.2009. A prayer has been made in the application for permitting the Institution to place on record the documents as have been mentioned above.
360 It is rather unfortunate that instead of concentrating on the deficiencies, if any, in the Institution, the SIT has acted more like an detective agency and conduct of its members is definitely not above board. However, we need not to delve into this issue any longer as the infrastructure available with the Institution is much more than the what is required, therefore, we permit the Institution to run the courses as are being run by it.
361 As regards the instructional deficiencies, time has already been granted to the Institution, like the other Institutions, to rectify the same upto the next academic session.
::: Downloaded on - 18/12/2018 22:55:42 :::HCHP251 C a)4: Swami Vivekanand College of Education, (B.Ed. and M.Ed.), Tarkwari Dungrin, Tehsil Bhoranj, District Hamirpur, H.P. C a)5: Swami Vivekanand College of Education, (D.El.Ed.), Tarkwari Dungrin, Tehsil Bhoranj, .
District Hamirpur, H.P. 362 The SIT in its progress report No.6 (pages 312) after scrutiny of records and physical inspection of this Institute has drawn the following conclusions:
1. Preliminary verifications established that the total land available to the society was 3666 sq. mts as against a requirement of 4000 sq. mts. whereas Shri Rajeev Sharma, Secretary of the Society had falsely shown the total land area available to them as 5395 sq. mts. in his two affidavits dated 19.1.2007 and 25.7.2007. However, in his two later affiavits dated 27.11.2007 and 5.4.2008, the total area available to the society had been shown as 5376 sq. mts. which is also false and incorrect. During inspection, it has been conclusively established that the total land area available to the society is 3666 sq. mts. This would go to show that false affidavits were given by Shri Rajeev Sharma to NCTE at different points of time to suit his convenience with a view to obtain recognition for different courses.
2. It has also been established that Shri Rajeev Sharma, Secretary of the Society, had made different claims in his four affidavits dated 19.1.2007, 25.7.2007, 27.11.2007 and 5.4.2008 in which the built up area had been shown as 1526 sq.mts, 2225.02 sq mts., 2890 sq. mts. and 3305.69 sq. mts. respectively.::: Downloaded on - 18/12/2018 22:55:42 :::HCHP
252 Inspection has established that the society has 2369.24 sq. mts. of built up area out of which 491.56 sq.mts. was being used for school being run by the society from the same building. In view of this, only .
1877.68 sq. mts. of built up area is available for the various courses being run by the society. This would lead to necessary inference that Sh. Rajeev Sharma misrepresented to the NCTE about the availability of built up area and furnished false information with a view to secure recognition for the various courses. Even the Inspecting teams of NCTE relied upon the information furnished by the society and had mentioned the same in their inspection reports.
363 On the basis of the aforesaid conclusions, it has been prayed that
1. A criminal case may please be ordered to be registered either by CBI or State Vigilance & Anti Corruption Bureau, Himachal Pradesh against Sh.
Rajeev Sharma, Secretary,Swami Vivekanand Educational Society, Shanti Bhawan, Ward No.7, Hamirpur, H.P. and others for obtaining recognition/affiliation from the NCTE/HPU on the basis of false information/affidavits regarding the land and built up area and other infrastructure available with the society.
2. Since the Institution lacks in infrastructure and the instructional area and recognition and affiliation had been obtained on the basis of misrepresentation and submission of the false information/documents/affidavits, directions may please be issued to NCTE/HPU to cancel the ::: Downloaded on - 18/12/2018 22:55:43 :::HCHP 253 recognition and affiliation of Swami Vivekanand College of Education, Tarkwari, Dungrin, Tehsil Bhoranj, District Hamirpur, H.P., with immediate effect.
.
364 The Institution initially filed its reply (pages 10921147) wherein it has been averred that the Institution initially started B.Ed. course on 16.8.2000 with 60 seats, which were subsequently enhanced to 100 seats vide letter dated 7.7.2004 and thereafter, there was further increase of two units on 16.8.2004. At that time, NCTE (Norms and Standards for Teacher Education Programme), Regulations 2001 were in operation and as per the said norms and standards, the infrastructural facilities as stipulated in para 7 thereof, which only provided for adequate number of class rooms, hall, library space for conducting instructional activities for approving intake of students and in addition thereto, separate rooms for Principal, faculty members, office for administrative staff and stores was the requirement.
Besides this, the sizes of instructional spaces were prescribed to be not less than 10 sq. feet per student. The Library was required to be equipped with text and reference books, encyclopedia, electric publications and journals etc. The playground for games was required, however, alternate arrangements in this behalf could be made with the attached ::: Downloaded on - 18/12/2018 22:55:43 :::HCHP 254 school/college and in case of scarcity of space, the facilities of Yoga and indoor games could be provided. The building and outdoor space was required to be provided in the land .
owned by the management either on ownership basis or long term lease basis, however, to begin with, the Institution could provide these facilities in temporary premises for a maximum period of three years, during which time, the Institution was to shift to its own permanent location. In para 8 of the NCTE norms, further infrastructural facilities were required to be provided as science laboratory either of the Institution or attachment with the school/college with the requisite apparatus. The psychology lab with certain prescribed texts, hardware and software facilities as well as technology lab were prescribed. It has been averred that as per norms and standards of the NCTE, there was no specified area of land or building or any specification regarding construction of a particular accommodation that was to be provided in the Institution and the only requirement was to provide space for instructional facilities of not less than 10 sq. ft. per student.
365 The Institution at the relevant time was fully complying with the NCTE Regulations, 2001, however, these requirements were then superseded initially in the year 2007 and thereafter in the year 2014, however as per the ::: Downloaded on - 18/12/2018 22:55:43 :::HCHP 255 regulations, 2014, the NCTE has exempted the already existing Teacher Training Institution from the requirement of land as per the new norms. It has been further averred that .
after the grant of recognition by the NCTE for JBT course, the only academic session which has been made to run by the H.P. Board of School Education in the Institution as well as other JBT course are during the academic sessions i.e. 2007 2009, 20092011, 20112013, 20132015, 20142016 , 20162018 and 20172019. however rest of the academic sessions i.e. 20082010, 20102012, 20122014, 20152017 have been ignored to be run. For the present academic session 20172019, requisite number of students of JBT has not been allotted to the Institution because of nonavailability of requisite number of students.
366 The Institution thereafter filed an application being CMP No.4437/2018 (pages 17541758) for bringing on record the building plans, Ext.MA1 to show that the Institution is having total built up area of 3000 sq.mts. as is required for running B.Ed. and JBT courses.
367 The Institution was inspected by the VT under directions of this Court and in its report (pages 31513153), the Institution has been found to be built over the land area measuring 3666 sq.mts. The library is stated to have been ::: Downloaded on - 18/12/2018 22:55:43 :::HCHP 256 shifted to new place having sufficient reading facilities for two units of B.Ed. and one unit of D.El.Ed.. According to the accession register number of books is 8855 and at present .
there are 15 journals and even order for subscription of on line journals stands placed. Deficiencies in psychology lab, life science lab, social science lab have been removed, whereas deficiencies in ET lab have been partially removed.
It was found that the M.Ed. course was not running in the Institution and the Institution was having adequate facilities to run two units of B.Ed. and one unit of D.El.Ed. Courses, upto the mark.
368 Another inspection report is found on record, which is available at pages 32183222, however, the NCTE has observed that even though as per the VT report, the Institution has enhanced built up area of 3571.9 sq. mts. , but no proof in support thereof like building completion certificate etc. has been submitted. That apart, instructional deficiencies have been pointed out, for which time has already been granted to the Institution, like the other Institutions, to rectify the same upto the next academic session. As regards infrastructural deficiencies, obviously, subsequent report submitted by the NCTE, which has been prepared in the office while sitting in Delhi is not based on ::: Downloaded on - 18/12/2018 22:55:43 :::HCHP 257 the physical verification and, therefore, no credence can be given to it.
369 In addition to above, we find that the Institution .
has in fact filed its compliance affidavit (pages 44404452) and a perusal thereof coupled with the supporting documents, prima facie proves that there is no infrastructural deficiency in the Institution. In addition thereto, we find another affidavit filed by the Institution (page 5838),wherein it has been specifically averred that the building of the Institution stands constructed over the land measuring 3666.2 sq.mts. out of which three blocks of multistoreyed buildings have been constructed over 1348 sq.mts. land area and rest of the land area measuring 2318.2 sq. mts. is for the purpose of playground and other curriculuar activities in the Institution.
370 We are satisfied that no action is required to be taken on the basis of report of the SIT in view of the fact that the Institution satisfies the NCTE norms and therefore, while setting aside the report of the SIT, we permit this institution to run its courses.
371 As regards the instructional deficiencies, time has already been granted to the Institution, like the other ::: Downloaded on - 18/12/2018 22:55:43 :::HCHP 258 Institutions, to rectify the same upto the next academic session.
C a) 6: Vaid Shankar Lal Memorial College of .
Education (B.Ed. & M.Ed.), VPO Chandi, Teh.
Kasauli, Solan.
C a) 7: Vaid Shankar Lal Memorial College of Education (D.El.Ed.), VPO Chandi, Teh. Kasauli, Solan.
372 The SIT in its Progress Report No.8 (pages 917) has after inspection and scrutiny of records come to the following conclusions: "(i) Though a lease deed has been executed by Suresh Chander Sharma in favour of Devbhoomi Development Society, Chandi, on 20.05.2006, but no mutation had been done in the revenue records either in the name of the Society or the College.
(ii) The builtup area for all courses available is 2262 square metres, whereas, in different affidavits, it has been shown 25003000 square metres with a view to obtain recognition.
It has accordingly been prayed that a criminal case be ordered to be registered either by the CBI or the State Vigilance and Anti Corruption Bureau, Himachal Pradesh against Shri Suresh Chander Sharma, the then President of the Society, Chander Mohan Sharma, Secretary, of the Society and others for obtaining affiliation and recognition from NCTE/HPU on the basis of false information/affidavits regarding the land and ::: Downloaded on - 18/12/2018 22:55:43 :::HCHP 259 the builtup area and other infrastructure available with the society.
Since, the institute lacks in infrastructural and instructional area and recognition and affiliation had .
been obtained on the basis of misrepresentations and submission of false information/documents/affidavits, directions be issued to NCTE/HPU to cancel the recognition and affiliation of the institute."
373 The VT, in compliance to the directions of this Court, conducted physical inspection and verification of the records and has submitted its report (pages 30593063) wherein it has been found that all the infrastructural deficiencies as pointed out by the SIT have infact been removed and as regards the lease, request/appeal has already been filed by the Society to get the mutation entered in the revenue records and the Naib Tehsildar has already initiated action to incorporate the same in the revenue records.
374 We find another report of the NCTE based upon VT inspection (pages 39783986) wherein the NCTE officials while sitting in their office at Delhi have made observations regarding the deficiency in the built up area and it is mentioned that as against requirement of 2500 square metres for B.Ed. and D.El.Ed., the institution was having only 2262.27 square metres. Obviously, no credence can be ::: Downloaded on - 18/12/2018 22:55:43 :::HCHP 260 given to this report as it is not based upon physical inspection. In addition to that, we find that the institute has filed its compliance affidavit (pages 55135523) wherein it is .
stated that the Society has got 4250 square metres of land on 30 years of lease basis and mutation in this regard stands attested on 25.06.2018 and the same is supported by the copy of jamabandi Annexure VSL1. As regards builtup area of the institution, the same is 3280 square metres and this is sufficient since the institute is running only B.Ed. and D.El.Ed Courses with single unit, whereas, the M.Ed.
Course, being run by it earlier, has been closed in the year 2015. As regards instructional deficiencies, as in the other cases, time upto the next academic session, is granted to the institution to remove the same or else consequences shall follow. Thus, we do not agree with the report submitted by the SIT and accordingly both the institutions are allowed to continue with the courses as are being run by them.
C a) 8: Namdhari College of Education, Bhojpur, Sundernagar, District Mandi.
375 The SIT in its Progress Report No.7 (pages 11 to
19) has on the basis of the inspection and perusal of the records drawn the following conclusions: ::: Downloaded on - 18/12/2018 22:55:44 :::HCHP 261 "(i) Though the land situated in Muhal Bhojpur where B.Ed College building is existing, was initially leased on 27.11.2006 in favour of Namdhari Education Society for a period of 30 years, yet no mutation of the .
same had been got done in the revenue records.
Subsequently, the said land was transferred by Shri Rishi Singh in the name of his son Shri Kulwant Singh without the knowledge of the NCTE.
(ii) In its affidavit dated 02.07.2007, Shri Rishi Singh, President of the Society mentioned the total land area to be 5720 square metres and built up area as 2269 square metres, whereas, Shri Dharam Pal, architect, of the said building has given the built up area as 2455 square metres in the statement dated 01.07.2007. The building completion certificate dated 17.05.2008 issued by the President, Municipal Council, Sunder Nagar, shows the built up area as 3324.76 square metres. During the course of inspection by the SIT, the built up area has been found to be 1765.09 square metres only. This goes to show that different statements were given by Shri Rishi Singh from time to time to NCTE to suit is convenience which amounted to misrepresentation to the NCTE. In addition, a material fact regarding non construction at a site measuring 5348 square metres situated at a distance of about 45 Kms from the B.Ed College building and lease to the Society on 05.12.2006 for 30 years had been cancelled from NCTE.
::: Downloaded on - 18/12/2018 22:55:44 :::HCHP262
(iii) The institution lacks in infrastructure facilities for B.Ed Course and is situated in the market area with a lot of disturbance and noise pollution.
(iv) The institution lacks in instructional area as well .
because there is no Principal and shortage of faculty members as well.
It is accordingly prayed that a criminal case be ordered to be registered against Shri Rishi Singh and others either by the CBI or State Vigilance and Anti Corruption Bureau, Himachal Pradesh, for obtaining recognition/affiliation from NCTE/HPU on the basis of false information/affidavits regarding the land and built up area and other infrastructure available with the Society.
It is further prayed that since the institution lacks in infrastructural and instructional facilities and recognition and affiliation had been obtained by concealment of facts and submission of misleading affidavits, directions be issued to NCTE/HPU for cancellation of recognition and affiliation thereof after the present batch passes out and no further admissions be allowed for the Sessions 201719."
376 The institute initially filed its reply (pages 212
303), wherein it is averred that institution had applied for NRC/NCTE certificate for the B.Ed Course and the competent authority after having found the institution eligible for the same had granted recognition vide order dated 13.09.2007 ::: Downloaded on - 18/12/2018 22:55:44 :::HCHP 263 for an intake of 100 seats in B.Ed Course. The institution has ample amount of land available with it and in support of this contention, the land title certificate issued by the .
competent authority has been annexed as Annexure R37/C to claim that it has 6128 bighas of land in its name. This aspect, according to the institution, has been left out by the SIT in its report and in case this land is taken into consideration, then no deficiency whatsoever would have been found. It is further averred that in the year 2008, certain land was sold by Rishi Singh to the respondent Society and in addition thereto, he had also leased out certain land in favour of the Society. The institution is having 5711 square metres of land, which is far in excess of what is prescribed under the norms. It is claimed that there are no deficiencies insofar as the infrastructural facilities are concerned.
377 The VT of the NCTE in compliance to the orders of this Court conducted inspection of this institution on 13.06.2018 and did not notice any major infrastructural deficiency, save and except, that as against the requirement of 3000 square metres, the institute was built on a piece of land measuring 362 square metres only. On the basement level (which is actually ground floor of the building) DPS ::: Downloaded on - 18/12/2018 22:55:44 :::HCHP 264 Primary School was being run by the Society. The land on which the institute building existed was found to be in the name of Kulwant Singh son of Shri Rishi Singh and not in .
the name of the Society or the institute. Further, as against requirement of 2000 square metres of builtup area, the Namdhari CE was having only 1765.09 square metres of builtup area which was being used for B.Ed. Course.
Another area of 339.50 square metres on the top floor was under construction which was proposed to be used as multipurpose hall by the institute. A note thereafter is appended with this report which reads thus:
(i) The management has given affidavit that they have purchased the sufficient builtup area at the four kilometres distance. To this built up area, they want to take the building on lease basis for a period of 30 years and in the undertaking, they have stated that the building will be completed within six months period.
(ii) Presently, the College is using constructed floor hall for morning assembly. The multipurpose hall on the first floor is being for seminar and functions also.
378 In addition to this report, we find another report of NCTE (at pages 39873991). Evidently, this report has been prepared at Delhi and, therefore, much credence to the ::: Downloaded on - 18/12/2018 22:55:44 :::HCHP 265 same cannot be given. However, we may notice that the institute has given an undertaking on 13.06.2018 stating that it wants to hire the building from Shri Kulwant Singh .
on lease basis which is four kilometers away from the existing building. As per regulations in vogue, the building to be purchased on lease is not allowed and, therefore, this objection of the NCTE appears to be valid because as per regulations the building should be complete in all respects and in any case should be under construction.
379 The institute has tried to controvert the aforesaid reports by filing affidavit (pages 57565831) of one Shri Rishi Singh wherein it is averred that land in Khasra Nos. 661 and 662 was purchased by Rishi Singh and his wife, respectively, in the year 198182 vide two separate sale deeds dated 27.07.1981 and 13.05.1982. The land purchased by Rishi Singh was already having building standing thereupon wherein one floor was already constructed. In 1982, two additional floors were added to the same and thereafter in the year 1999 three additional floors were constructed over the same. Even though the lease deed was executed by Rishi Singh and his wife Harjinder Kaur in favour of Namdhari Education Society for 30 years, however, during family settlement, the above land ::: Downloaded on - 18/12/2018 22:55:44 :::HCHP 266 was transferred in the name of Kulwant Singh son of Shri Rishi Singh, who has not objected to the lease deed, as is evident from the affidavit filed. However, it is averred that .
even Kulwant Singh has not objected to this lease deed and rather has given an affidavit Annexure RF to this effect. It is thereafter averred that the deponent was also owner of 1/5th share of land comprised in Khewat No.269, Khatauni No.290, Khasra Nos. 425, 442, 448, measuring 130417 bighas and out of his 1/5th share, half share was sold to Namdhari Education Society vide sale deed dated 21.06.2008.
380 It has further been submitted that the building constructed at Mohal Bhojpur on which Namdhari College is running, has been recently inspected by the Assistant Engineer, HPPWD and has been declared safe in all respects.
Earlier to that, a lease deed was executed between Namdhari Education Society and one Gurdayal, whereby an area measuring 63.24 square metres has been leased out in favour of the Society and the same is opposite to Khasra Nos. 661 and 662. It is submitted that on this land the said Gurdyal has raised a huge building which is being used for the purpose of hostel by the Society. Lastly, it is averred that at the time of its inspection the Society was fully ::: Downloaded on - 18/12/2018 22:55:44 :::HCHP 267 complying with the norms and even today as against the total required area of 2500 square metres, out of which 1500 square metres should be builtup, the deponent is having .
total land measuring 5000 square metres, whereas, the built up area over Khasra Nos. 661 and 662, Mohal Bhojpur alone is about 2000 square metres. Therefore, the institution has met the instructional requirement as per the relevant norms of NCTE.
381 Having gone through the report of the SIT, reports of the VT and the affidavits filed by the institute, we are clearly of the opinion that the institute should be permitted to run subject to the condition that it completes all the infrastructural requirements before the start of next academic session i.e. 20192021 and that apart all instructional deficiencies are removed by the next academic session.
C a)9: Vijay Memorial College of Education (B. Ed.), Ner Chowk, Mandi.
C a) 10: Vijay Memorial College of Education (D.El.Ed.), Ner Chowk, Mandi.
382 The SIT in its Progress Report No. 7(pages 42
50) on the basis of the physical inspection and scrutiny of the records has concluded that: ::: Downloaded on - 18/12/2018 22:55:44 :::HCHP 268 "(i) These institutions lack in total area required as also builtup area for running the institutions and the other land acquired by the institutes is far away and is lying vacant.
.
(ii) Shri Gaurav Marwah, Chairman, Wisdom Education Society has submitted a mandatory affidavit dated 30.11.2016 to the NCTE in which he has falsely claimed that the institute was in possession of 3080 square metres with a builtup area of 3750 square metres as against the availability of 572 square metres of land including open area/pathway as against a requirement o 3500 square metres and 1542.92 square metres of builtup area against a requirement of 3500 square metres.
(iii) Some of the facilities of BBA/BCA institute are being shared with the College of Education.
(iv) The various facilities of the Educational College are being shared with BBA/BCA College.
It has been prayed that a criminal case be ordered to be registered either by the CBI or State Vigilance and Anti Corruption Bureau, Himachal Pradesh against Shri Gaurav Marwah, Chairman/Secretary of the Society and others for obtaining recognition/affiliation from NCTE/HPU on the basis of false information/affidavits regarding the land and builtup area and other infrastructure available with the institute.
It has further been prayed that since false affidavit had been submitted by the Society regarding its infrastructure and instructional ::: Downloaded on - 18/12/2018 22:55:45 :::HCHP 269 facilities to NCTE, directions be issued to NCTE/HPU to cancel the recognition and affiliation of the institute."
.
383 The institute initially controverted the findings of the SIT by filing its reply (pages 672721) wherein it is averred that the requirement of 3500 square metres of area as a precondition for recognition by the NCTE is not applicable to the case of this institution as the same is prospective. However, still the institution is in the process of fulfilling the requirement as per 2014 Regulations and for this purpose land measuring 2014 square metres in Mohal Karehari, Tehsil Balh, District Mandi, is in the process of being mutated in the name of the institution from the name of Wisdom Education Society, which will be utilized for the desirable purpose of the society such as residential accommodation for Principal/staff and students etc. It has been averred that the institution has never misrepresented any fact from NCTE or any other authority and the allegations made by the SIT are without any basis. The other deficiencies found by the SIT have also been controverted in the said affidavit. However, we really not want to go any further on the issue in view of the institute having been physically inspected by the VT of the NCTE pursuant to ::: Downloaded on - 18/12/2018 22:55:45 :::HCHP 270 the directions issued by this Court. In the report (pages 31173120), no infrastructural deficiency has been found in this institution and rather a specific note has been given at .
page 3119 which reads thus: "1. Khasra No.600 & 695, land is not showing by the institution for recognition of teacher Education Programme.
2. The land measuring 2916 bighas (2014 sq.mtrs) comprising Khasra Nos. 63, 67, 310, 327, 399, 403 and 406 dated 29.07.2009 is in the name of Vijay Memorial College of Education is for the purpose of Boys and Girls Hostel or any other desirable requirements of the college. Registered lease period is of 30 years from 1st Jan. 2005 to 31st Dec. 2040.
3 &10. 1995.04 sq. mtrs. Built area of the building including staircase corridor and washrooms. One floor in the building of BBA/BCA having 335 sq. mtrs has been added for Teacher Education Programme. In addition there is 50 sq. mtrs. Principal Cabin. Total built up area is 2380 sq. mtrs for the institution.
Shortly the college intends to shift from existing site to new purchased site at Mohal Barsu on Khasra No. 9, 10, 11, 12, 15, 16 total land measuring 88 Biswas(3250 sq. mtrs) as per the essentially composite institution as per revised NCTE regulations 2014.
4. The seminars are not scheduled on all the working days, Seminar room can be shared.
::: Downloaded on - 18/12/2018 22:55:45 :::HCHP271
5. Principal is common for B.Ed., D.El.Ed. and BBA, BCA course. As far as attached toilet is concerned, it has been assured by the Management that attached toilet will be built within 10 days.
.
6. The Boys common room has been added on the top floor of the BBA/BCA Building. Adequate furniture and facilities has been added in Girls common room.
7. It is not possible to extend the library because of the limitations of Town & Country Planning department. The institution has purchased new land and construction already started by obtaining Essentiality certificate from Directorate of Higher Education (HP). TEI will be shifted to the new building.
Moreover, 8435 Books are available in the Literary which is more than as per NCTE Norms2014.
8. Science stream students are less in number.
9. the institution fulfills staff requirement as per NCTE norms. Regarding the payment of the faculty members, as the institution is self financing the payment is given as per the income from the programme. College is paying salary with EPF deduction as per the EPF norms.
11&12. Due to hilly area, here is no permission for multistorey building because of limitations of Town & Country Planning department, therefore institution is forced to share the infrastructure facilities of BBA/BCA."
384 However, we find that there is another report submitted by the VT (at pages 39923999) which report has been prepared at Delhi and is not based upon the physical ::: Downloaded on - 18/12/2018 22:55:45 :::HCHP 272 inspection and it has been mentioned therein that there is no evidence to establish that the building constructed on Khasra Nos. 63,67, 310, 327, 399, 403 and 406 and the .
deficiency is not removed. Even otherwise, as per VTR, total builtup area as against 3500 square metres is 1995.04 square metres and there are no separate toilets. As observed that this report has been prepared by the officials while sitting in the office at Delhi, therefore, much credence cannot be given to the same as it is not based on physical inspection. However, be that as it may, the institution has controverted this report by filing an affidavit (pages 5225 5228) wherein it has been averred that the inspecting team of NCTE itself while visiting the premises on 12.06.2018 has found it to be in possession of 1995.04 square metres built up area of the building including staircase, corridor and washrooms. Additional builtup area of 235 square metres in one of the floors of the building being used for BBA/BCA Courses has also been added to the teacher education programme. In addition thereto, there is Principal's cabin having 50 square metres area. Therefore, presently builtup area with the institution is 2280 square metres. Apart from that, 1161 square metres of land at village Bhangrotu and the institution has also taken on lease 2014 square metres ::: Downloaded on - 18/12/2018 22:55:45 :::HCHP 273 of land at village Karehri and 550 bighas of land at village Mathaneol. But, after coming into force of 2014 regulations, the above said lands at villages Karehri and Mathaneol .
became useless due to the requirement under the said regulations of either the land being owned by the institution or being taken on lease from the Government. The institute accordingly arranged to purchase 480 bighas (3520 square metres) of land in Mohal Badsu, Tehsil Sadar, District Mandi, H.P. for creating the infrastructure conforming to the 2014 Regulations. Essentiality Certificate has also been issued by the Director of Higher Education and the institution has already applied for permission to the Government of Himachal Pradesh under Section 118 of the H.P. Tenancy and Land Reforms Act for transfer of the aforesaid land, but the same has been unduly delayed at the end of the authorities. Due to withholding of necessary permission, the institution has not been able to utilize the above said land till date. That apart, even though the institution was complying with the infrastructural requirements under the old regulations, however, now the area in question has been included and brought under the provisions of the Town and Country Planning Area and thus has become amenable to compliance of requisite floor area ratio, as a result whereof, ::: Downloaded on - 18/12/2018 22:55:45 :::HCHP 274 the institution is precluded from enhancing the builtup area at its existing site at Mauza Bhangrotu. It is lastly averred that the other genuine deficiencies as pointed out by .
the SIT stand removed, save and except that the area of library is 969.36 square feet as against the required area of 1000 square feet.
385 On the basis of the above analysis, we have no difficulty in concluding that for the present, the institution cannot be asked to perform the impossible as it has to adhere to the floor area ratio and is not in a position to raise additional floor area in view of the prohibition and compliance of floor area ratio under the Town and Country Planning Area. As regards the permission sought by the institution under Section 118 of the H.P. Tenancy and Land Reforms Act, the concerned authorities are required to decide the said application as expeditiously as possible and in no event later than the next academic session. In case, the institution is granted permission, it will ensure that all the infrastructural facilities, as contemplated under the regulations, are completed by the start of the next Academic Session from 20192021 and further in case no such permission is forthcoming, then the institution may have to close down some of the courses from the next Academic ::: Downloaded on - 18/12/2018 22:55:45 :::HCHP 275 Session so as to ensure that it complies with the norms that are in vogue.
.
C a) 11: Lalji B.Ed. College, N.H. 21, PO Gutkar, Teh.Balh, District Mandi.
386 The SIT in its Progress Report No.7 (pages 51 to
57) on the basis of physical inspection and after scrutiny of records has concluded:
(i) The land area is deficient in as much as the institute has been built on 1723 sq. mtrs plot.
Further, the land is not in the name of the Sacred Heart Education Society or Lalgee B.Ed College but stood in the name of M/s Lalgee Meter & Electricals in the revenue records.
(ii) Shri Paras Mahajan s/o Shri Sunil Gupta, Secretary of the SocietycumDirector of the institute has given a false mandatory affidavit dated 30/11/2016 to NCTE to the effect that the institute has got a total land area of 8500 sq. mtrs and total built up area of 2672 sq. mtrs as against an available area of 1723 sq. mtrs and built up area of 2028 sq. mtrs. This land area of 8500 sq. mtrs was also falsely claimed to be in possession of the institute/Society at the time of applying for recognition of B.Ed Course.
(iii) The institute was also lacking in certain other facilities which were essential for B.Ed Course.
::: Downloaded on - 18/12/2018 22:55:45 :::HCHP276 It has accordingly been prayed that a criminal case be ordered to be registered either by CBI or State Vigilance & AntiCorruption Bureau, Himachal Pradesh against Shri Paras Mahajan, .
Secretary of the Society and others for obtaining recognition/affiliation from NCTE/HPU on the basis of false information/affidavits regarding the land and built up area and other infrastructure available with the institute. It has further been prayed that since false affidavit had been submitted by the Society regarding its infrastructure and instructional facilities to NCTE, directions be issued to NCTE/HPU to cancel the recognition & affiliation of the institute."
387 The institute controverted the report of the SIT by filing reply (pages 318350) wherein it is averred that for the purpose of running the institution, the Society commenced the work of development and construction at site at Muhal Gutkar on the land taken on lease from one Sunil Gupta, proprietor of M/s Lalgee Meters and Electricals Private Limited. The said lease was made on the basis of the lease agreement which was duly registered on 26.04.2007 and prior to the registration of the said lease, the lease agreement was notarized. Subsequently the lease was executed vide lease deed dated 26.04.2007. The initial lease ::: Downloaded on - 18/12/2018 22:55:46 :::HCHP 277 was taken for 5 Kitas of land measuring 101016 bighas.
The construction was commenced in the year 2005 and completed in 2007 and thereafter the institution became .
functional from Academic Session 200708 with commencement of B.Ed Course with intake of 100 students as per the terms of the recognition order issued by NCTE on 17.08.2007. The institute was fully complying with the norms of 2005 wherein there was no condition that the land should be in the name of the Society or the institute. The construction and development of the project itself costs of Rs.45 crores approximately. The institute has approximately 8500 square metres of land out of which builtup area is 2672 square metres. Certain other deficiencies as pointed out by the SIT are stated to have been removed, however, we need not to delve on this issue as this institute has been physically inspected by the VT of NCTE in compliance to the directions passed by this Court. The VT in its report (pages 3121 to 3124) dated 13.06.2018 has found the deficiencies, as were pointed out by the SIT, to have been removed. In addition thereto, the VT has appended the following note along with its report which reads thus: "1, 2 & 3. Land was taken on long term lease dated 14/11/2004 to 31/03/2005 for 30 years. Since it is a ::: Downloaded on - 18/12/2018 22:55:46 :::HCHP 278 lease document, it is not possible to register in the name of the Society. The Society has purchased more than 5000 sq. mtrs. (51316 bighas) land namely and action to bring that land in the name of Society (College) .
is under process and progress. B.Ed College was started in the year 2007 under the NCTE regulations 2005. There was no land related restrictions at that time.
4. Under NCTE 2014 norms recommended built up area should be 1500+500=2000 sq. mt. for 1+1 unit of B.Ed Programme. College already meets the minimum built up area required.
5. Necessary required facilities were provided in boys common room.
6.The college has purchased more books. Now they are maintaining 4045 books with 1150 titles.
7.Separate curriculum Lab has been provided Art and Craft Resource Centre has been established in bigger and spacious hall with all required materials and equipments.
8.The Principal has been recruited by the Managing Committee on dated 03.10.2010. The College requested for approval by H.P. University on dated 05.05.2012, 30.04.2013, 23.06.2015 and 27.07.2015. University has approved the selection committee, due to non availability of Selection Committee members interview was not conducted so far, for which management is not responsible. Assistant Professor in Physical Education has been appointed and more teaching staff has been recruited by the college. Technical and Lab Assistants have also been appointed in the college. All the faculty members are being paid ::: Downloaded on - 18/12/2018 22:55:46 :::HCHP 279 according to the revenue receipt of the college. The Society in its meeting has now decided to make all payments including to the staff through their Salary Accounts in H.P. State CoOperative Bank from .
forthcoming Academic Session.
In the academic session 2017 the number of staff was less than 20 whereas now they are more than 20.
Society has decided to open EPF account from next academic session onwards.
9. ITI is being run under separate Educational Society and in a separate building and has nothing to do with B.Ed. College."
388 From the records, we find that there is yet another report of the NCTE on the file (pages 40004006) which appears to have been prepared by the NCTE at Delhi without carrying out physical inspection wherein the following infrastructural deficiencies have been pointed out: "i) No document furnished/evidence to show that land is in the name of the institution/college.
ii) Certificate dated 09.06.2018 issued by Pradhan, Gram Panchayat says four storey building constructed, built up are 2672 sq. mtr., no Khasra No. indicate and BCC not available with VTR."
389 As in the other cases, no credence can be given to this report as admittedly the same has not been prepared after physical verification of the premises. That apart, we ::: Downloaded on - 18/12/2018 22:55:46 :::HCHP 280 find that the institution itself has filed an additional affidavit (pages 45754600) wherein it has been pointed out that the land was taken by the institute on lease vide long term lease .
dated 14.11.2004 for a period of 30 years and at that time the institute was governed by regulations of 2005. Apart from that, permission to have the land transferred has already been sought by moving an application before the Government under Section 118 of the H.P. Tenancy and Land Reforms Act (Annexure R42/C). As regards builtup area, it is averred that even the VT, on physical inspection, was satisfied with the area possessed by it and accordingly submitted its report which could not have been set aside cursorily by NCTE.
390 We have gone through the material placed on record and find that the institute has practically complied with the regulations that were in vogue and has also applied to the Government for transfer of the land. We accordingly direct the concerned authority to decide the application for transfer of land as expeditiously as possible and in no event later than the next academic session. As there are no deficiencies in the working of the institution, it is permitted to continue with the courses, as are being run by it.
::: Downloaded on - 18/12/2018 22:55:46 :::HCHP281 C a)14: Karishma Educational Centre (B.Ed.), Ner Chowk, District Mandi.
C a) 15: Karishma Educational Centre (D.El.Ed.), Ner Chowk, District Mandi.
.
391 The SIT in its Progress Report No.7 (pages 34 to
41), on the basis of physical inspection and after scrutiny of records has concluded as follows:
(i) There is acute shortage of total land area as well as the total built p area. The institution had been constructed only on khasra No. 1242 measuring 483 sq. mtrs. in Mauza Dadour with a built up area of 1318.50 sq. mtrs. The other land comprising Khasra No. 837 measuring 313 in Mauza Dadour are totally irrelevant in as much as they are neither contiguous nor any construction has taken place on the same.
(ii) Shri Lalit Pathak in his mandatory affidavit dated 25.11.2016 submitted to the NCTE on behalf of Krishma Educational Centre had falsely claimed that the land area available to the institute was 3240 sq. mtrs. and the built up area was 1820 sq. mtrs. The other land situated at Khasra No. 837 in Mauza Kaihad and Khasra No. 84 in Mauza Dadour are not contiguous and no construction has been carried out over that land.
(iii) The institute lacks in basic facilities for M.Ed. Students.
(iv) There is a shortage of faculty members and no regular Principal has been appointed as the regular Principal is reported to be on Extra Ordinary Leave from July 2015 to July 2017.
392 The institute has initially filed its affidavit (pages 9311023) controverting the report submitted by the SIT, ::: Downloaded on - 18/12/2018 22:55:46 :::HCHP 282 however, we need not refer to the same at this stage and shall refer the same only in case need arises. Since the institution has been physically inspected by the VT of the .
NCTE pursuant to the direction passed to this effect by this Court, the first report is available at pages 31253126, wherein no deficiency has been found and rather a note has been appended at the end of the report which reads thus:
1. Land Area: Khasra No. 1238 area 159 Bigha and Khasra No. 1243 Area 11315 Bigha ground area, Khasra No. 1242 Area 01319 Bigha building land, khasra No. 84 area 0100 bigha 500 metres away from the college, khasra no. 837 area 313 bigha is proposed land due to National Highway Authority of India wants to acquire land of building khasra No. 1242 for four lane purpose.
2. total built up area: 1959.26 (1514.52 sq. mtrs college built up + aaa. 74 girls Hostel) for two courses.
3. Reduced one unit of B.Ed. and M.Ed. Dropped. Having only one unit of D.El.Ed and one unit of B.Ed. i.e. 50+50. Library having seating capacity of 50% students.
4 & 7.. closed M.Ed. Course from the year 2016. Not applicable.
5. Regular Principal appointed Dr. Vandana Kumari as per NCTE norms appointment date & joining date is 18.05.2018. Seven faculty for B.Ed. approved from HPU, shimla. Seven faculty for D.El.Ed. approved from DIET, Mandi (1+7++). Regarding the payment. College is paying salary with EPF deduction as per the EPF norms.
6. Information in the point number 1 and 2.
393 In addition thereto, there is another report of the NCTE available at pages 32013203, wherein this time, it has ::: Downloaded on - 18/12/2018 22:55:46 :::HCHP 283 been pointed out that as per the documents submitted with the VTR relating to land documents, it is very clear that the point raised by SIT is still existing. Evidently, this report has .
been prepared in the office without there being a physical verification, therefore, much credence to the same cannot otherwise be lent.
394 In addition to that, we may notice that the institute has filed affidavit wherein it is stated that the Society is presently running a single unit of B.Ed and single unit of D.El.Ed. and has got 3242 sq. mtrs. of land, wherein 2852 sq. mtrs. is in single block in Khasra No. 1238, 1242, 1243, whereas 390.69 sq. mtrs. of land is 500 meters away and is comprised in khasra No. 84. The land in Khasra No. 1238 and 1243 is on ownership basis by virtue of gift deed whereas land comprised in Khasra No. 1242 is on 32 years lease. As regards land in khasra No. 84, the same is on ownership basis. The institute is having 3240 sq. mtrs. which was wrongly typed as 3242 sq. mtrs. over which the built up area is 1959.26 sq. mtrs. including the hostel as reported by the VT of the NCTE.
Thereafter the institute has filed another affidavit, which is available at pages 68966951, wherein it is averred that as against the requirement of 3000 sq. mtrs., the institute is having 2953.58 sq. mtrs. and in addition thereto khasra No. 84 ::: Downloaded on - 18/12/2018 22:55:46 :::HCHP 284 measures 0100 bigha which is equivalent to 404.6 sq. mtrs.
In this way, the total land owned and possessed by the College comes to 3352.18 sq. mtrs. As regards built up area, the .
Society is having total built up area of 1986.50 sq. mtrs., which in our considered view, for the time being, is sufficient to run the courses as are currently undertaken by the institution.
However, in case, there is any increase in the seats or courses, then obviously, the institute would be required to increase its infrastructure and instructional facilities, accordingly. As such, the institute is permitted to run its courses which are being run by it, of course, subject to the institution removing the instructional deficiencies by the next academic session.
C b) 1: Gautam Institute of Management and Technology, Hamirpur.
395 It was probably because of the working of this Institute that resulted in the inspection of all the institutions.
396 The SIT after scrutiny of the record and physical inspection of the institute found various shortcomings and on the basis thereof, has prayed that:
(i) A criminal case may be ordered to be registered either by CBI or State Vigilance and Anti Corruption Bureau, Himachal Pradesh against Dr. Rajneesh Gautam, Secretary, Gautam Girls College Management Committee, Hamirpur for obtaining approval/extension ::: Downloaded on - 18/12/2018 22:55:47 :::HCHP 285 of approvals from Government of Himachal Pradesh and AICTE on the basis of forged documents, concerned inspecting officials of AICTE namely Dr. A.A. Zith, Dr. Harmesh Kumar and Dr. N.R. Nanda and .
unknown others under the relevant provisions of Indian Penal Code and Prevention of Corruption Act, 1988.
(ii) Directions be given to AICTE, New Delhi, Director (Technical Education), Sundernagar, Mandi and Himachal Pradesh Takniki Shiksha Board, Dharamshala to stop the diploma course in polytechnic permanently after the 20142015 batch passes out due to alleged acts of ragging and suicide by one Amit Kumar. Further since there is no building, infrastructure, faculty and other logistic support to run MBA course, directions be issued to the concerned authorities to stop this course with immediate effect after the previous batches passed out. 397 The institute had initially controverted the report filed by the SIT by filing reply (pages 117137) wherein it is stated that the institute has not admitted any student in polytechnic course after 201415 batch, qua which the intimation already stands given to AICTE and Director, Technical Education, Govt. of Himachal Pradesh. So far as the course of MBA, which had commenced in the year 2012 13, the same has been discontinued immediately after the report of the Special Investigation Team, which had pointed out certain deficiencies in the institute, after which the ::: Downloaded on - 18/12/2018 22:55:47 :::HCHP 286 management committee of the institute decided not to continue the said course and permission has already been sought from AICTE and H.P. Technical University for grant of .
permission to discontinue the course with a further prayer to issue NOC. It was lastly submitted that though there were certain deficiencies/shortcomings, but the same would be removed within the shortest possible time.
398 The institute was inspected by the Special Expert Committee of AICTE pursuant to the directions issued by this Court, who in its report (at pages 24802494) after inspection, has reported that the Gautam Institute of Management and Technology could not be found and EVC visited Head office of Gautam Group of College, Hamirpur and the Administrative Officer Mr. Virendra Singh informed that the said institute had been closed and they have not applied for extension of approval. The premises are now being used as College of Nursing only. Few rooms in ground floor are being used for conducting classes for 2 nd year Management students, which is inadequate. No library/books, computer lab and other facilities as required are available at the premises to run the course.
399 However, the report of the SIT was controverted by filing a detailed supplementary affidavit (at pages 5293 ::: Downloaded on - 18/12/2018 22:55:47 :::HCHP 287 5362) wherein it is pointed out that it was after inspecting the institute, the AICTE had accorded approval to the institute to start the MBA course, but the same had been .
closed after the report of the SIT. Thereafter, in 2012, the Society took on lease land measuring 1285.43 sq.mtrs. which was having a five storeyed structure with a built up area of 2818.14 sq.mtrs. thus increasing the total area of the land alone to more than 13515.25 sq.mtrs. it was after ensuring that the institute had sufficient land and built up area that the institute was permitted to run Bachelor of Hotel Management (BHM) 3 years course and M.Sc.'s courses in the stream of Zoology and Maths vide letter dated 27.10.2017. It has been declared and affirmed that in addition to the above given 13515.25 sq. mtrs. of land, a built up area of 7696.57 sq.mtrs. is available as of today, in addition thereto, the Society has also raised up a huge complex for its students over Khasra Nos. 7681, Mauza Bajuri, Up Mohal Chaula Khurd, Ward No.10, Hamirpur measuring 2316.74 sq.mtrs. where built up area of 6138 sq.mtrs. is at the stage of completion and the same is likely to be completed before December, 2018, which would make the total built up area available with the institute to be ::: Downloaded on - 18/12/2018 22:55:47 :::HCHP 288 about 13834.57 sq.mtrs. which is far in excess of the norms laid down by the AICTE.
400 It was after taking into consideration the .
affidavit filed by the institute that the AICTE was again directed to inspect the institute. In compliance to the directions, EVC has submitted its report (at pages 6480 6512,6369, 6405) and the team has found that the Gautam Girls College Management Committee is having total land available with the institute to be 10618.29 sq.mtrs. = 2.639 acres. In addition thereto, the institution was having 3304.25 sq.mtrs. = 0.819 acres land on lease/rent basis. However, it was stated that still there were the following deficiencies with regard to the land:
i. The total available with the institute was only 2.639 acres which was not contiguous and separated by a distance of approximately 350 meters.
ii. The land areas available against the land lease/rent deed is of 0.819 acres had been given to the institute through lease deeds owned by one Mr. Jagdish Gautam, the President of the institute and all blocks constructed on these leased/rented lands are approved only for the construction of residential accommodation and not for an educational institute.
::: Downloaded on - 18/12/2018 22:55:47 :::HCHP289 Iii. The building plans of the building (Block D) which is built for running the Gautam Institute of Management and Technology is given to the institute by the private lease/rent deed on .
19.11.2012 by the owner Mr. Jagdish Gautam and the available area is 1285.43 sq.mtrs. = 0.3176 acres.
iv. As per the AICTE norms the land for running the institution is required to be in the ownership of the Society or the land should be in possession of the Society through Govt. lease. In this case the land is neither owned by the institute nor is in its possession through Government lease.
v. In addition to that, Gautam Institute of Management and Technology, is also running Gautam Institute of Nursing in BlockD building. The available land as per the site plan is only 0.3176 acres against the AICTE requirement of 0.5 acres for the management institute at the time of first approval. vi. The campus on Khasra Nos. 699, 2423/702, 17, 19, 1920/16, 34 and 35 is not completely surrounded by compound wall.
401 In addition to the aforesaid, general deficiencies with regard to the infrastructure, were as follows:
1. The approved building plans for the following building blocks (06 in numbers) submitted by the institute are not accepted due to the following reasons:
a. BlockA: (Gautam Polytechnic);::: Downloaded on - 18/12/2018 22:55:47 :::HCHP
290 i. Approved building plans area for ground floor plus 3 floors, i.e. first floor, second floor and third floor. However, the institute has constructed ground plus 4 floors. The fourth .
floor has been constructed without approval from the competent authority.
ii. As per the approved building plans the ground floor is a stilt parking floor. However, the institute has constructed and accommodated offices, labs and other facilities on the ground floor.
iii. The construction on the first floor, second floor and third floor is also not as per the approved building plans.
b. BlockB:
i. The building plan approval is for the residential accommodation and not for the educational institution.
ii. The land is not in the name of the institute.
iii. It is also informed by Dr. Rajneesh Gautam, Secretary that BlockB has been used for conducting classes of B.Sc and M.Sc courses and was never used for running Gautam Polytechnic and Gautam Institute of Management and Technology.
c. BlockC (Gautam Polytechnic and Gautam Girls College) Approved building plans for the Block C are not presented.
d. BlockD (Gautam Institute of Management and Technology).::: Downloaded on - 18/12/2018 22:55:47 :::HCHP
291 i. The building plan approval is for the residential accommodation and not for an educational institution.
.
ii. The land is not in the name of the institute.
e. Building on Khasra Nos. 56, 57, 58 and 106:
i.The building plan approval is for the residential accommodation and not for an educational institution. ii. The land is not in the name of the institute.
f. Building on Khasra Nos. 194/36, 29, 30, 32, 33, 35, 195/36, 215/40, 73, 193, 75, 191, 76, 77, 78, 79, 80 and 81:
This is the only building for which the appropriate building plan approvals are presented. The construction of the building has been started after taking prior approval and permissions from the competent authority i.e. in March, 2018.
2. The change in land use certificates for any of the land document is not presented.
3. No occupation or completion certificate from the competent authority for any of the block is presented.
4. Barrier free environment and the toilets for the persons with disability are not available.
5. NOC from the fire department is not available.
6. The building blocks, BlockA(Ground + Fourth floors), BlockB (Ground + Four Floors), BlockC (Ground + Five Floors) and BlockD (Ground+ Four Floors) do not have provision of lift. As per the NBC ::: Downloaded on - 18/12/2018 22:55:47 :::HCHP 292 (National Building Code) the provision of lift is mandatory for building with more three floors.
In addition to the above, the AICTE has also found lacking of documentary evidence indicating the .
buildings from which the Gautam Institute of Management and Technology is running:
(I) Dr. Rajneesh Gautam informed that GIMT is running from BlockD. However, Completion Certificate/Occupation Certificate indicating that the building of BlockD was ready and inhabitable in the year 2012 WAS NOT FURNISHED.
(II) The committee in the absence of any documentary proof corroborating that BlockD (All floors, ground floor + four floors). The area measurements are as under:
BLOCKD Ground Floor Sr.No. Room/Lab Area in Remarks.
Number Sq.mtrs.
1. Room No.(001) 28.341 HoD office
2. Room No.(002) 29.769 Store Room
3. Room No.(003) 57.003 Class Room
4. Room No.(004) 83.406 Class Room
5. Room No.(005) 86.292 Class Room
6. Room No.(006) 40.909 Class Room
Total 325.72
First Floor:
Sr. Room/Lab Area in Remarks.
No. Number Sq.mtrs.
1. Room No.(101) 28.118 Principal RoomB.Sc
(Nursing and GNM)
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293
2. Room No.(102) 38.952 Vice Principal
RoomBsc (Nursing
and GNM)
3. Room No.(103) 56.481 Faculty Office
4. Room No.(104) 64.840 Nutrition Lab
.
5. Room No.(105) 113.533 CHM Lab
6. Room No.(106) 55.753 Class Room
7. Room No.(107) 54.890 Faculty Office
Total: 412.567
Second Floor:
Sr. Room/Lab Number Area in Remarks.
No. Sq.mtrs.
1. Room No.(201) 67.308 Class Room
Pathology Lecture
r of B.Sc II year
was undergoing.
2. Room No.(202) 56.220 Class Room
Fundamental of
Nursing Class of
Bsc I year was
undergoing.
3. Room No.(203) 62.449 A.V. Room
4. Room No.(204) 111.304
5. Room No.(205) 54.260 Class room
6. Room No.(206) 55.566 Surgical
Foundation Lab
Total: 407.107
Third Floor:
Sr. Room/Lab Number Area in Remarks.
No. Sq.mtrs.
1. Room No.(301) 67.308 Preclinical
Science Lab.
2. Room No.(302) 56.220
3. Room No.(303) 54.674
4. Room No.(304) 111.304
::: Downloaded on - 18/12/2018 22:55:48 :::HCHP
294
5. Room No.(305) 54.260 Class room
6. Room No.(306) 62.449 Surgical
Foundation Lab
Total: 406.215
.
Fourth Floor:
Sr. Room/Lab Number Area in Remarks.
No. Sq.mtrs.
1. Multipurpose Hall 335.23
2. Library 144.32
Total: 479.55
Total area of BlockD = 2031.159 sq.m. The area measurements are done with the help of Bosch GLM 40 Digital Laser Measure.
The entire BlockD is used for running B.Sc.(Nursing and GNM) and there is no dedicated infrastructure earmarked for running MBA course.
402 In addition thereto, requirement of books for running MBA course as per the AICTE norms was also found to be deficient. As per AICTE norms, 24 national journals are required for MBA course, whereas as per furnished documents, 8 journals were subscribed during the initial year of GMIT in the year 2012 and thereafter, no journal was subscribed. Lastly, as against 150 computers, the institute was having only 126 computers, which are being shared and used by the students of various constituent colleges, namely, ::: Downloaded on - 18/12/2018 22:55:48 :::HCHP 295 Gautam Girls College, Gautam Polytechnic, GIMT and Gautam College of Nursing.
403 We have gone through the reports of the SIT and .
VT. The Objections of the SIT even though may have been relevant at the time of its inspection, but the same have lost their efficacy with the passage of time as majority of the deficiencies have already been removed by this institute and as regards other instructional deficiencies, the Institute is granted time upto the next academic session to remove the same. Therefore, the institute is permitted to run its courses as are being run by it subject to removal of instructional deficiencies within the aforesaid period.
C b) 2: Shimla Institute of Management and Technology, Sanjauli, Shimla.
404 Nothing survives for adjudication in this case as admittedly no admissions have been made from the year 2010 and rather after seeking formal approval, the course has been discontinued.
C b) 3: Sai Ram College of Engineering and Technology Tipper, Barsar, District Hamirpur.
405 Closed.
::: Downloaded on - 18/12/2018 22:55:48 :::HCHP296 C b) 6a): Abhilashi Institute of Management Studies, Ner Chowk, Tehsil Sadar, District Mandi, H.P. C b) 6b): Abhilashi College of Pharmacy, Tanda, PO Balh, Tehsil Balh, District Mandi.
.
C b) 6c): Abhilashi Colege of Education (B.Ed. and M.Ed.), Ner Chowk, Mandi.
406 The SIT in its progress report No.8 (at pages 74
79) after the inspection has found that the Society had obtained approval of AICTE for the MBA institute on the basis of false facts regarding ownership of land at the site. In fact, the land owned at the site was little less than ½ acre whereas rest of the land was situated at places far off from the College site. The same was neither contiguous nor adjacent. Even the land on which the college had been built was in joint ownership and it had not been partitioned till date and thus the approval had been obtained in a fraudulent manner by concealing the real facts about the land area and its actual situation.
407 On the basis of the aforesaid, it was prayed that a criminal case be ordered to be registered either by CBI or State Vigilance and Anti Corruption Bureau, Himachal Pradesh against Sh. T.R. Abhilashi and others for obtaining recognition/affiliation from AICTE/HPU on the basis of false ::: Downloaded on - 18/12/2018 22:55:48 :::HCHP 297 information/affidavits regarding the land available with the Society.
408 During the course of this petition, an application .
was moved on behalf of the Institute for arraying the institute as a party as it was claimed that the institute had never been served with any notice by the SIT.
409 However, we need not to go into this question, since the Institute already stands closed after obtaining necessary permission from AICTE with effect from academic session 201617.
410 The institute has filed supplementary affidavit wherein pointwise objections raised by the SIT, have been replied as under:
A. Building plans are shown approved by Gram Panchayat, whereby as the approval is envisaged as per the norms of the approval process handbook 201819.
The institute submits that the area where the institute is located falls within the jurisdiction of Gram Panchayat, Kandraur, District Bilaspur, the same is not included in the planning zone, as such, the approval of the building plans is to be accorded by the local authority itself i.e. Gram Panchayat. It is crystal clear from the communication dated 9.2.2017 issued by the Director Technical, Education Vocational and Industrial Training, Himachal ::: Downloaded on - 18/12/2018 22:55:48 :::HCHP 298 Pradesh whereby it has been clarified that "for already existing institutions approved by the AICTE, the occupancy certificate issued by the local competent authority prevailing at the time of .
sanctioned plans shall be considered valid and acceptable to the AICTE. It is because of the fact that the competent authority changes from time to time based on merging the villages in Municipal Council or Corporation in due course of time which leads to the establishment of new authorities for issuing necessary certificate". The copy of the said communication is annexed as Annexure R34/A. The institute prays that this deficiency pointed out by the Special Expert Committee may kindly be ordered to be dropped.
B. A letter with letter No.STV (TE)HF545TR Abhilashi/EC/20087451 dated 9.2.2017 written to Director T.R. Abhilashi Memorial Institute of Engineering and Technology by Director Technical Education H.P. for the clarification on the subject matter stated above is submitted with enclosure.
The deponent submits that the building plans are required to be approved by the competent authority as prescribed under the rules in the State of H.P. where the institution is located, if the rules provided in the approval process Handbook 201819 are seen, then the clarification as provided by the Director Technical Education, Himachal Pradesh is self contradictory. But the fact remains that the area in which the institute is functioning falls within the jurisdiction of the Gram Panchayat and is out of the planning zone as such the approval of the building ::: Downloaded on - 18/12/2018 22:55:48 :::HCHP 299 plan is to be accorded by the Gram Panchayat itself. Therefore, the deponent prays that this deficiency pointed out by the Special Expert Committee may kindly be ordered to be dropped.
.
C. 16. Classrooms are available instead of required 19 (for UG courses).
The deponent submits that with regard to the availability of the classroom in the college campus, requirement as pointed out by the Special Expert Committee has not considered the factum that the Society has already applied for closure of the UG course (Electronics and Communications) which was approved by the Himachal Pradesh Government as well as by Himachal Pradesh Technical University, Hamirpur. The NOCs issued by the H.P. Government and HPTU are being annexed herewith as Annexure R34/B. Be it stated further that these NOCs were placed before the Committee, but keeping in view the fact that the matter was under active consideration/pending with AICTE, as pointed out in the report itself for the academic session 201819. It is further important to point out here that the AICTE has accorded approval for the closure of the one UG course (Electronics and Communications), which find mention in the webportal of AICTE, copy of which is annexed as Annexure R34/C. Now, after the approval of the closure of one UG course (Electronics and Communications), the requirement of the classroom will be simultaneously reduced. Therefore, the deponent prays that this deficiency pointed out by the Special Expert Committee may kindly be ordered to be dropped.::: Downloaded on - 18/12/2018 22:55:48 :::HCHP
300 D. Although the total area of class room is 1055.862 sq.meters = 1056 (16x66) which is as per AICTE norms the area of four classroom is slightly less than the required as per norms.
.
The deponent submits that as per the approval for closure of one UG course (Electronics and Communications), the required area of classrooms available with the institute would be more than as pointed out in the report. The available classroom area is 1055.862 sq.mtrs. which was otherwise required to be 1056 sq.meters. Therefore, the deponent prays that this deficiency pointed out by the Special Expert Committee may kindly be ordered to be dropped.
E. Instead of 5 tutorials only 4 tutorials are available ( for UG courses).
The deponent submits that in the campus itself 4 tutorials rooms are available as pointed out by the Committee. The deponent submits that one room which already exists in the institute has already been converted as tutorial room to meet out the deficiencies pointed by the Committee. Therefore, the deponent prays that this deficiency pointed out by the Special Expert Committee may kindly be ordered to be dropped.
F. No tutorials/classrooms or research labs are available for PG courses. The institute has applied for it. Closure of the PG courses and NOC from H.P. Government and H.P. Technical University, Hamirpur has been received.
The deponent submits that on the basis of the requirement of the society for closure of the PG ::: Downloaded on - 18/12/2018 22:55:49 :::HCHP 301 courses, the State Government and HPTU Hamirpur have issued NOCs, on the basis of which the AICTE, has accorded its approval for closure of PG course which was pending at the time of inspection by the .
Committee, therefore, the deponent prays that this deficiency pointed out by the Special Expert Committee may kindly be ordered to be dropped.
G. Occupation certificate from Gram Panchayat is not accepted as it is not from the competent authority as per the AICTE approval process Handbook 2018
19.
The deponent submits that the area where the institute is located falls within the jurisdiction of Gram Panchayat, Kandraur, the same is not included in the planning zone, as such, the occupation certificate is to be issued by the Gram Panchayat itself. Therefore, the deponent prays that this deficiency pointed out by the Special Expert Committee may kindly be ordered to be dropped. H. NOC for closure of UG course of Electronics and CommunicationsEngineering has been received from H.P. State Govt. and H.P. Technical University, Hamirpur.
That in view of the approval accorded by AICTE for the closure of the UG course of Electronics and Communications Engineering, the deficiency pointed out is liable to be dropped.
I. Many areas filled in the application were not available during physical verification. The deponent submits that the point raised by the Visiting Committee is unsustainable for the reason ::: Downloaded on - 18/12/2018 22:55:49 :::HCHP 302 that no specific instance has been pointed out regarding the area mentioned in the application. J. Although the building is G+4, there is no provision of lift and barriers free environment is .
not available.
The deponent submits that with a view to provide barrier free environment in the institute ramps have already been created at ground floor. Therefore, the deponent prays that this deficiency pointed out by the Special Expert Committee may kindly be ordered to be dropped.
K. Fire NOC is not available from the Fire Department.
The deponent submits that before the inspection of the Committee, the Society has already submitted an application for issuance of Fire Safety Certificate vide its communication dated 2.2.2018.
411 In Abhilashi Institute of Pharmacy, the SIT in its progress report No.8 (at pages 5764) after scrutiny of the records and physical inspection has concluded that the Society had obtained approval for its Pharmacy College by fraudulent and concealment of facts as the lands were not contiguous and were separated from each other by about 4 Kms whereas the AICTE norms required that the land should have been contiguous or in nearby adjacent pieces which could be utilised by the Institute for the various activities of the College. In fact, the Society had obtained permission u/s 118 (2) of H.P. Land and Tenancy Act, 1972 to set up a B.Ed.
::: Downloaded on - 18/12/2018 22:55:49 :::HCHP303 College on Khasra Nos. 703 to 706 at Ner Chowk and these very khasra numbers were falsely shown with a view to obtain approval for Pharmacy College also.
.
412 On the basis of the aforesaid conclusion, it has been prayed that:
i. A criminal case be ordered to be registered either by CBI or State Vigilance and Anti Corruption Bureau, Himachal Pradesh against Dr. R.K. Abhilashi and others for obtaining recognition/affiliation from AICTE/HPU/HPTU on the basis of false information regarding the land meant for construction of Pharmacy College by the Society.
ii. The Principal Secretary (Revenue), Govt. of H.P. be directed to withdraw the permission granted u/s 118 (2) of the H.P. Land and Tenancy Reforms Act, 1972 on 22.7.2008 for the land bearing Khasra Nos.
69, 70 and 124 as the Society had violated terms and conditions of the said permission by not using the land for the purpose for which permission had been accorded, within the stipulated period. Further, proceedings to recover the land as per provisions of the said Act and Rules framed thereunder should be initiated by the Department of Revenue, Govt. of H.P. 413 However, we need not refer to the affidavit in view of the report submitted by the Expert Visiting Committee pursuant to the directions of this Court, wherein they found no deficiency with regard to infrastructure:
::: Downloaded on - 18/12/2018 22:55:49 :::HCHP304
(i) The institute applied for change of site addres to AICTE and granted approval on 30.4.2018.
(ii) Land area available 0.75 acres as per AICTE norms.
.
(iii) No. of pieces of land; single bit of land
(iv) Khasra No. 551/1.
414 With regard to laboratories, it has been mentioned that the Institute was having 12 numbers of Laboratories with all adequate machinery and equipment and with regard to the store, it has been mentioned that a separate store for inflammable articles had been kept. The institute was having adequate space and books with PCs, printers, photocopy machines and scanner and was also having barrier free environment. The institute was having sufficient number of faculty (20) and are approved by HPTU and 4 senior faculty members have obtained Ph.D. as per AICTE norms and pay scales.
415 In Abhilashi College of Education, the SIT in its progress report No.8 (at pages 8088) has concluded that the Society continued to misrepresent before different authorities about the actual ownership of land and its situation for obtaining approval for various courses and increasing the intake from time to time. Khasra Nos. 703 to 706 and 565 have been shown for obtaining approval for Abhilashi Institute of Pharmacy and Abhilashi Institute of Management ::: Downloaded on - 18/12/2018 22:55:49 :::HCHP 305 Studies also. It is on the basis of the aforesaid conclusion that it has been prayed that:
A criminal case be ordered to be registered either by .
CBI or State Vigilance and Anti Corruption Bureau, Himachal Pradesh against Sh. T.R. Abhilashi and others for obtaining recognition/affiliation from AICTE/HPU on the basis of false information/affidavits regarding the land and built up area and other infrastructure available with the Society.
416 The Institution has filed its reply/submission/ objection to the report of SIT, pointing out that the institute is an old one which has been conducting courses prior to the notification of NCTE Regulation, 2014. The land available with the institute is comprised of Khasra Nos. 703,704, 705 & 706 measuring 030119 bighas = 2507 sq.m. on ownership basis in single piece and mutation whereof stands attested in favour of the Society on 29.4.2006 vide mutation No.2687 and 2688.In addition thereto, the Society is having 20002 bigha of land on 99 years lease basis, being used for School. The total constructed area as per NCTE norms is 3500 sq.mtrs. whereas the College has constructed area of 4074 sq.m. In addition to that, it is having multipurpose hall of 2130.50 sq.ft. with sitting capacity of 210 students.
::: Downloaded on - 18/12/2018 22:55:49 :::HCHP306 417 As regards there being misrepresentation, it has been pointed out that the management college has already closed down from the Session 2016 with the prior approval of .
AICTE, HPTU and State Government. While Pharmacy College was allotted separate land in Khasra Nos. 69, 70 and 124 in lieu of Khasra Nos. 703, 704, 705 and 706 which are solely being used by the College of Education. In addition thereto, the Pharmacy College has been shifted to another site with the prior approval of all the authorities and State Government.
418 Having gone through the report of the SIT, reports of the VT and the affidavits filed by the institute, we are clearly of the opinion that the institute should be permitted to run its courses subject to all instructional deficiencies being removed by the next academic session.
Ordered accordingly.
C b)7: Sai College of Engineering & Technology, Sungal, Palampur, District Kangra, H.P. 419 The SIT in its report No.9 (at pages 137144) has concluded that the Society is being managed by the family members and is registered in Punjab and not in Himachal Pradesh. The land was acquired with the permission of the H.P. Government for establishment of Sai University. The ::: Downloaded on - 18/12/2018 22:55:49 :::HCHP 307 same land and building was fraudulently shown to AICTE to obtain their approval for the Engineering courses and prayed that:
.
i. A criminal case be ordered to be registered either by CBI or State Vigilance and Anti Corruption Bureau, Himachal Pradesh against Sh. S.K. Puri and others for obtaining approval from AICTE on the basis of false information/affidavits regarding the land and built up area and other infrastructure available with the Society.
ii. Since the Institution lacks in infrastructure and the instructional area and recognition and affiliation had been obtained on the basis of misrepresentations and submission of false information/ documents/ affidavits, directions be issued to AICTE to cancel the approval of the institution.
420 The institute was inspected by the EVC pursuant to directions of this Court and in its first report available at pages 25752596) has concluded as follows:
(1) The institution was having adequate infrastructure as per the AICTE norms. (2)As per AICTE orders, the intake in all the branches is sixty (60), however, HPPERS, Shimla sanctioned intake is thirty (30).
421 The institute has filed response to the inspection report submitted by the SIT, however, we need not refer to the same as no deficiency has been found by the inspecting team of the AICTE. Accordingly, we permit the institute to ::: Downloaded on - 18/12/2018 22:55:49 :::HCHP 308 run its courses as are being run by it subject to instructional deficiencies are removed by the next academic session.
C c) 1: Sai Ram College of Pharmacy, Tipper, Barsar, .
District Hamirpur.
422 Closed.
C d) 1 Gautam Girls Polytechnic, Hamirpur.
423 This college has already been dealt with C b)1 Gautam Institute of Management and Technology.
C d) 2:
424District Hamirpur.
r to Devasya Polytechnic, Nalti Road, Bajouri, The SIT in its Progress Report No.6 (pages 37 to
46) after scrutiny of the records and physical inspection has concluded as follows:
(i) The location of this institute is inconvenient for the students as well as the staff members. The land is not contiguous and the institute has been constructed on the mountain slope on various steps.
(ii) The institute does not have adequate staff and infrastructure to run diploma courses in Engineering in six disciplines.
(iii) The number of labs, computers, printers, books and other major deficiencies were found in infrastructure and instructional areas.
(iv) The institute has uploaded false information on AICTE portal on 17.02.2016 for obtaining extension of approval for 201617 inasmuch as ::: Downloaded on - 18/12/2018 22:55:50 :::HCHP 309 number of faculty members has been shown as 70, out of which 45 were claimed to be regular, whereas, the institute was only having 19 including the Principal.
.
425 On the basis of these conclusions, it has been prayed that a criminal case be ordered to be registered either by the CBI or State Vigilance & Anti Corruption Bureau, Himachal Pradesh, against Shri Ajay Kumar, Chairman of 'Shri Dev Memorial Education Trust' as well as Devasya Polytechnic and other unknown for obtaining extension of approval from AICTE on the basis of misrepresentation/false information regarding infrastructural and instructional facilities available with the Trust/Polytechnic. It has also been prayed that directions be issued to AICTE and HPTSB not to grant any further extension of approval/affiliation to Devasya Polytechnic, Hamirpur. Further, directions be issued to the institute to complete the courses in respect of students already admitted by it.
426 The institute was physically inspected by the team of Special Expert Committee (pages 26142633) on 04.06.2018 and it was found to be locked and sealed by the bank. Thereafter, this Court vide its orders dated 18.05.2018 directed the AICTE to conduct fresh inspection and in the ::: Downloaded on - 18/12/2018 22:55:50 :::HCHP 310 inspection so conducted, the following deficiencies with regard to infrastructure have been found: "(i) The infrastructure facilities and the available .
faculty are inadequate.
(ii) The Polytechnic campus is not suitable for physically challenged persons.
(iii) There is no parking space available in the Polytechnic.
(iv) As per interaction with the faculty members, they are being paid salary in the range of Rs.5,000/ 5,500/ per month.
(v) As per the feedback obtained from the available r faculty members, the relations between top management and the faculty and students are not healthy.
(vi) The equipments in laboratories and workshops are not in good operational conditions.
(vii) The overall quality of construction of the institute building is poor.
(viii) The academic ambiance of the Polytechnic was not found to be encouraging."
427 The institute filed an affidavit of Shri Ajay Kumar, the authorized trustee and signatory of the institute, wherein it was stated that the AICTE conducted inspection on 04.06.2018 in the absence of representative of the institution. The institute had deposited an amount of Rs.1,00,00,000/ (One Crore) in compliance to the orders passed by the Debt Recovery Tribunal (DRT) and thereafter ::: Downloaded on - 18/12/2018 22:55:50 :::HCHP 311 the possession was given to it. However, the institute remained closed for a considerable period of five months from February, 2018 till 6th June, 2018 and further taking into .
consideration that the mother of the Managing Director of the institution was undergoing treatment for cancer, documents regarding the institute could not be produced, whereas, the institute already has permission under Section 118 of the H.P. Tenancy and Land Reforms Act.
428 As regards lack of parking facilities, it is claimed that the institution has sufficient parking facilities from the date of its inception in the year 2009, but the same could not be maintained properly because the possession of the institute remained with the 'KCCB', but now after getting the possession, parking facility has been properly maintained. It has been submitted that for the session 201617, the institute has admitted 28 students and for session 201718, 20 students against the approved intake of 45 students, have been admitted. Likewise, in the department of Fashion Technology, as against the intake of 45 students, only 14 students were admitted for the session 201617 and 07 students were admitted for the session 201718. As regards the department of Civil Engineering, as against intake of 45 students, only 20 students were admitted for the session ::: Downloaded on - 18/12/2018 22:55:50 :::HCHP 312 201718 and there were 5 faculty members for the sessions 201617 and 201718 which were in proportionate to the strength of the students. As regards Electrical Engineering, .
as against the approved intake of 45 students, only 5 students were admitted for the session 201617, 17 students for the session 201718 and there were 8 faculty members for each of these sessions. As regards the department of Mechanical Engineering, as against the intake of 45, only 30 students were admitted for the academic session 201617 and 13 students for the academic session 201718 and there were 8 faculty members in both the academic sessions. As regards the courses of Architectural Assistanceship and Information Technology, the same stand closed for the reason that no students were admitted for these course for the session 201112. As regards the deficiency in the area, it has been stated that there is hardly any difference between the prescribed area and the area for class rooms available with the institute and now all out endeavours are being made to provide furniture.
429 The institution has thereafter filed a fresh affidavit (at pages 69997049) wherein practically all the averments that had been made in the earlier affidavit (at page 6316) have again been reiterated.
::: Downloaded on - 18/12/2018 22:55:50 :::HCHP313 430 However, taking into consideration the report of the SIT coupled with the report of AICTE read with affidavits on behalf of the institution, this institution can only be .
permitted to continue with those of the courses for which it has already started till their completion and this institution cannot be permitted to make any new admissions till and so long it does not comply with the required norms. Ordered accordingly.
C d) 3: Sai Ram Polytechnic, Tipper, Barsar, District Hamirpur.
431 Closed.
C d) 4: Natraj Polytechnic, Sathal, Rajwari, Sundernagar, District Mandi.
432 The SIT has submitted its Progress Report No.8 (at pages 8995). However, we need not to go into the report of the SIT since the institution has been permitted to be closed by the Directorate of the Technical Education, Himachal Pradesh, Shimla and the students studying in the college have sought their migration from Natraj Polytechnic to Dreamz Polytechnic at Khilra, Tehsil Sunder Nagar, District Mandi, H.P. ::: Downloaded on - 18/12/2018 22:55:50 :::HCHP 314 D a) 1 Shanti Niketan College of Education for B.Ed.,Hamirpur.
D a) 2 Shanti Niketan College of Education for D.El.Ed., Hamirpur.
.
433 The SIT in is Progress Report No. 4 (pages 3452) after scrutiny of the records and physical inspection has come to the following conclusions: "(i) That the Society approached the Govt. of Himachal Pradesh for grant of NOC to start a B.Ed college at Hamirpur on 30/12/2002, when only a basement had been constructed and the upper floors were under construction and no rent deed had been executed.
(ii) That the Directorate of Education was of the view that since the Government had already issued NOCs to 20 Societies/institutions to start B.Ed courses for the academic session 200304, therefore keeping in view the availability of trained manpower, there was no necessity to open more such institutions in the State. However, the Society used political influence and got orders from the then Education Minister of H.P. to issue NOC directly.
(iii) That in an initial application submitted on 31/12/2002 by the institution to Regional Director, NRC, NCTE, Jaipur, it was stated by the Society that the construction of the basement had been completed but 1st and 2nd floor were at various stages of construction. However, no lease/rent deed had been executed at that point of time. Moreover, the ::: Downloaded on - 18/12/2018 22:55:50 :::HCHP 315 Society/College did not own any land at that point of time. However, on 12/3/2003, 10 Kanals of land were purchased by the Society in Samluhi,Bhal Bhlawan from Smt. Raksha Devi mother of Shri .
Pawan Kumar Ahluwalia who is now heading the Society.
(iv) That during the 1st inspection of the college conducted by the inspection team of NCTE on 22/6/2003, it was falsely mentioned that the building was owned by the College/Society. This was a serious lapse in as much as the rented building was owned by one of the members of the Society and no rent/lease deed had been executed in this regard at that point of time. The inspection team also submitted a false report to the effect that the institution had instructional and infrastructural facilities for 100 students. It would not be out of place to mention here that these facilities were still inadequate even at the time of inspection by the SIT after a lapse of about 13 years. Based on the said inspection committee report, NRC/NCTE Jaipur granted recognition/permission to the said institute for an intake of 100 students in B.Ed course of one year duration for the session 200304.
(v) That in its order dated 05/07/2003, NRC/NCTE Jaipur, while granting recognition to the said institute, incorrectly observed that based on the information furnished in the application and also the inputs received from the inspection team, the institution had acquired the land to set up a teacher education institution and had constructed a building thereon. This was apparently a false and inaccurate ::: Downloaded on - 18/12/2018 22:55:50 :::HCHP 316 statement in as much as the proposed college had purchased the land only in March, 2003 and no construction had been carried out on the same. Even till date no building had been constructed on .
the said land which goes to show that the recognition to the institution was granted on the basis of false and incorrect feedback.
(vi) That the inspection committee set up by HPU Shimla on 18/07/2003 for the affiliation of the said institute with a common member of the committee set up by NCTE namely Prof. R.K. Behl inspected the institute and submitted a report recommending affiliation based on a misrepresentation that the institute possesses college building of their own and as such HPU granted affiliation to the institution on 18/09/2003.
(vii) That another inspection was got conducted by VC/HPU on 30/03/2005 for extension of affiliation for the academic year 200506 in which the inspection committee pointed out that the college was located in a residential colony and housed in a three storied residential accommodation with some alterations/renovation to suit temporary requirements of a makeshift institution of education. This inspection committee also pointed out other major deficiencies to the effect that the institute was illequipped with an acute shortage of faculty and accommodation and therefore did not recommend extension of affiliation. However, the college authorities in its compliance report dated 31/05/2005 stated that the deficiencies had since been removed and work undertaken to construct its ::: Downloaded on - 18/12/2018 22:55:51 :::HCHP 317 own building and that by the end of July, 2006 the Society will shift to the new building during the session 200607. This was accompanied by an affidavit submitted by Shri Praveen Kumar Katna .
that the B.Ed College will be shifted to its permanent building during the session 200607. This was a false affidavit and again a misrepresentation was made to the HPU in as much as even till today the construction of the building had not started, except the foundation work and incomplete pillars erected thereon, based on which HPU extended the affiliation for the session 2005
06.
(viii) That another inspection team appointed by HPU for extension of affiliation of this institute for the academic session 200708 conducted an inspection on 10/07/2007. Even in this report it was mentioned that the college was running from a residential area and that the institute had not shifted to new building as undertaken by them during their extension of affiliation for the academic session 200506. In the inspection report it was clearly observed by the committee that the college management had started the construction of new building exclusively for B.Ed Course and that the Chairman had assured the committee that the building would be ready in 6 months and classes shifted to the new campus. Subsequently, during the other inspections from 201112 onwards to 201415 the address of the institute had been shown as 52 Hira Nagar, Ward No.1, Hamirpur as no construction ::: Downloaded on - 18/12/2018 22:55:51 :::HCHP 318 had been carried out on the land purchased by the Society in March, 2003.
(ix) That an educational college could not have been run in a rented/leased building for more than three .
years as per NCTE norms. It appears that the college authorities have managed with the NCTE as well as with HPU.
(x) That during the inspection conducted by the SIT, it was found that the total built up area of the building was less than 1/3rd of the total area required for running a B.Ed College and 1/6th of the built up area required for running B.Ed and JBT/D.El.Ed Courses. There was no acute shortage of faculty members and no regular Principal had been appointed. Further, the infrastructure like multi purpose hall, seminar room class rooms and labs lack the norms laid down by the NCTE. Also, there was no Common Room, Faculty Room, Play Ground, Canteen Facility, Hostel Facility, FireFighting facility, parking facility, facilities for disabled students etc. The labs were illequipped and did not have sufficient materials and infrastructure to meet the standards prescribed by the NCTE for B.Ed course."
434 On the basis of the conclusion, it has been prayed that a criminal case be ordered to be registered either by the CBI or State Vigilance & AntiCorruption Bureau, Himachal Pradesh against Shri Pawan Kumar Ahluwalia, Chairman/President, Shanti Niketan Education and Welfare ::: Downloaded on - 18/12/2018 22:55:51 :::HCHP 319 Society for obtaining approval/affiliation on the basis of misrepresentation, Dr. R.K. Behl, Dr. M.L. Makhija for submitting false inspection report and other unknown under .
the relevant provisions of Indian Penal Code and Prevention of Corruption Act, 1988. Further that, directions be given to NCTE, New Delhi, Principal Secretary/Director (Education), Govt. of HP, Shimla, Himachal Pradesh University, Shimla and Education Board,Dharamshala to stop B.Ed and J.B.T./D.El.Ed courses after the present batches pass out till a new building is constructed and proper faculty and logistic support provided by the Society to run B.Ed and D.El.Ed courses strictly as per NCTE/HPU norms.
435 The institution filed reply to the SIT report (pages 138 to 167) wherein it is averred that in the affidavit submitted by the Society, it had been clearly stated that the building had been taken on rent and the Society was going to purchase land near Salasi, Tehsil and District, Hamipur and, therefore, there was no misrepresentation in this affidavit. It is further averred that NOC was obtained from the NCTE as per the prevalent norms applicable in the year 2003 when there was no requirement that the building should be owned by the Society and it was never represented to the authorities by the Society that it was the owner of the ::: Downloaded on - 18/12/2018 22:55:51 :::HCHP 320 building where B.Ed institute was to be established. It was rather clearly mentioned in the affidavit that it would be run from the rented premises. As regards the report given by Dr. .
R.K. Behl and Dr.M.L.Makhija, it is averred that the contents of the report were not known to the Society and it never represented to them that the Society is the owner of the building where classes were to be run. Copy of the 99 years lease deed executed before the Sub Registrar, Hamirpur, has been annexed as Annexure R2/B. 436 The institute was inspected by the NCTE (at pages 31553157) on 13.06.2018 wherein a specific note has been appended that the management has already applied for shifting college to a newly constructed campus with all building facilities vide letter dated 30.05.2018. However, in addition to the aforesaid, we find another report of NCTE (at pages 40084015) wherein it is pointed out that as far as the infrastructural facilities are concerned, it is observed that the total required built up area for B.Ed(100 intake) and D.El.Ed (50 intake) is 3500 square metres as per NCTE norms, whereas, the institute is running from a rented building, the built up area whereof is 3813.85 square metres. However, Building Completion Certificate is not enclosed. Apart from that, only instructional deficiencies have been pointed out.
::: Downloaded on - 18/12/2018 22:55:51 :::HCHP321 In addition thereto, certain other minor discrepancies that too after viewing the C.D. have been raised to which much credence cannot be attached to.
.
437 In the supplementary affidavit filed by the institution (at pages 49464966), it is stated that the Society has already constructed more than 3000 square metres of building space in its new campus at mauza Bal Bhalwalan near Salasi, Tehsil and District Hamirpur on Khasra Nos.
57/2, 61/2, 58/1 out of which about 2050 square metres of the building work is at the final stage of finishing. This place is at a distance of 3.5 to 4 kilometers from the existing campus at Hira Nagar, Hamirpur. The Society undertakes to shift its educational activities to the new campus in the ensuing academic session 201819 and has written a letter dated 30.05.2018 to the NCTE seeking permission to shift to the new campus, from the ensuing session.
438 Since, the institution is to start its academic session from the new campus from the academic session 201819, we have no doubt in our mind that the permission to run these courses would obviously be given by the NCTE after satisfying itself. Therefore, no further orders in this regard need to be passed.
::: Downloaded on - 18/12/2018 22:55:51 :::HCHP322 D a) 3: Trisha College of Education for B.Ed. and M.Ed., Thain, P.O. Jol Sappar, Hamirpur.
D a) 4: Trisha College of Education for D.El.Ed., Thain, P.O. Jol Sappar, Hamirpur.
.
439 The SIT in its Progress Report No.5 (at pages 106114) after scrutiny of the records and physical inspection has concluded as follows: "(i) It has come to light that Shri Rajeev Sharma, Secretary, Trisha Shikshan Society submitted two affidavits on 6/9/2007 and 27/11/2007 to NCTE along with his application to NCTE seeking grant of recognition for additional intake of 100 seats for B.Ed course. In his affidavit dated 06/9/2007 he had mentioned the built up area available with them as 2326.02 sq. mtrs whereas in the affidavit dated 27/11/2007, the built up area had been mentioned as 2426 sq. mtrs. The total area mentioned in both these affidavits was 5587 sq. mtrs. Subsequently a similar affidavit had been given by Shri N.K. Sharma, President of the Society on 15/2/2008 wherein the total area had been mentioned as 6745 sq. mtrs and built up area as 2426.02 sq. mtrs. It would be worthwhile to mention here that the existing plan of the building of the said college prepared by Shri Ashwani Kalia, Architect, the total covered area of 2326.02 sq. mtrs had been arrived by including a Volleyball court area of 210 sq. mtrs and open terrace of 200 sq. mtrs. It may thus be been seen that the contradictory versions had been given by Shri N.K. Sharma, President, Shri Rajeev Sharma, Secretary of the Society ::: Downloaded on - 18/12/2018 22:55:51 :::HCHP 323 and Shri Ashwani Kalia, Architect. Even the two inspectors of NCTE namely Dr. S.K. Mangal and Shri S.P. Singh in their inspection report dated 15/2/2008 had mentioned the total area as 6745 and built up .
area as 2326.2 sq. mtrs. During physical inspection of the said institute Shri Jagdev Singh Patwari of the said area has submitted a written report that the institute had been built on a piece of land measuring 2832 sq. mtrs. However, he has further mentioned in his report that the Society had also purchased land measuring 4057 sq. mtrs which is situated across the road and was lying vacant. Shri Sanjeev Kumar, Junior Engineer, HP PWD, SubDivision, Hamirpur, conducted actual measurements of the total covered area and submitted a written report that the total covered area as on date was 2086.18 sq. mtrs. The aforesaid facts would go to show that the Society had obtained recognition from the NCTE on the basis of affidavits and existing building plan containing false information about the total built up area which they do not have even till date.
(ii) The institution is in pathetic condition. There are huge deficiencies in infrastructure as well as instructional areas."
440 It has been prayed that a criminal case be ordered to be registered by either H.P. Vigilance & Anti Corruption Bureau or by the CBI against Shri N.K. Sharma, President, Shri Rajeev Sharma, Secretary of Trisha Shikshan Society and Shri Ashwani Kalia, Architect, who had prepared ::: Downloaded on - 18/12/2018 22:55:51 :::HCHP 324 the existing building plan and others. Further, directions be issued to NCTE not to allow any further admissions to any of the courses till the institution fulfills the norms laid down by .
NCTE in the year 2014.
441 The institute has filed its affidavit (at pages 17591831) wherein it is averred that the institute has requisite infrastructures to run both B.Ed and JBT courses as the area available with it is more than 4000 square metres. However, we need not to go into this question as in CWP No.1102 of 2018, titled as H.P. Private B.Ed.
Colleges Welfare Association versus National Council for Teacher Education and others, decided on 14.09.2018, we have already held that the premises running these two courses can be shared and, therefore, the NCTE has no right to insist upon the area of 3500 square metres and even otherwise, admittedly this institution is having builtup area 3503.89 square metres for two basic units of 50 students each of B.Ed and one basic unit of JBT, which in our considered opinion, is otherwise more than sufficient for any of these courses. In addition to the above, we find that the categorical stand of the institution otherwise is that it is having area of 2832 square metres of land in one block and ::: Downloaded on - 18/12/2018 22:55:51 :::HCHP 325 another 4057 square metres of land in another block across the road. The builtup area over these blocks is 3503.89 square metres. Therefore, also, we really do not find any .
reason for not permitting the institute to run the courses as are being run by it. Ordered accordingly.
D a)5: Shiva College of Education, Abdhanighat, Ghumarwin, Bilaspur.
442 The SIT in its Progress Report No.6 (at pages
has concluded as follows:
r to
8794) after scrutiny of the records and physical inspection "After inspection by the SIT, deficiencies have been observed in the land area as well as the covered area. Initially land comprising Khasra No.197/1 measuring 62 bighas was taken on 30 years lease from Shri Bhagat Ram (father of Shri Purushotam Sharma) vide lease deed dated 01/0292006. On the same day, another piece of land measuring 016 bighas comprising Khasra No.660/1 was also taken by the Society on 30 years lease from Shri Purushotam Sharma. It also came to light that the land lease of Khasra No.197/1 was subsequently cancelled by Shri Bhagat Ram without the knowledge of the NCTE. However, the B.Ed College had been built on Khasra No. 660/1 which is measuring 602 sq. mtrs. Only. The other piece of land i.e. Khasra No.197/1 is situated at a distance of 1.5 K.Ms away from Khasra No.660/1 at which the College exists at present.
::: Downloaded on - 18/12/2018 22:55:52 :::HCHP326 It also came to notice that Shri Purushotam Sharma, Secretary, of the Society had given an affidavit dated 09/02/2007 in which he had claimed the total land area available to the Society as 5195.20 sq. mtrs and .
built up area of 713.33 sq. mtrs. In the 2 nd affidavit submitted by Shri Purushotam Sharma on 13/7/2007 for recognition of B.Ed course for 100 seats, Shri Purushotam Sharma claimed built up area of 1554.33 sq. mtrs. In yet another affidavit dated 30/6/2009 for additional intake of 100 seats in B.Ed Course, Shri Purushotam Sharma claimed built up area of 2090 sq. mtrs. However, actual measurements carried out during the course of inspection by the PWD reveal that the total land area was 602 sq. mtrs with a built up area of 1737.30 sq. mtrs which goes to show that a false and incorrect affidavit dated 30/6/2009 was filed by Shri Purushotam Sharma to claim approval for additional 100 seats for B.Ed Course.
Apart from the aforesaid deficiencies, certain essentials like Seminar Room was not available and other accommodation like Multipurpose hall was found to be inadequate to accommodate 400 students."
443 On the basis of the aforesaid conclusions, it has been prayed that a criminal case be ordered to be registered either by the CBI or State Vigilance & Anti Corruption Bureau, Himachal Pradesh, against Shri Purushotam Sharma, Secretary, Shiva Educational Society and unknown others for obtaining approval for additional 100 seats for ::: Downloaded on - 18/12/2018 22:55:52 :::HCHP 327 B.Ed Course from NCTE on the basis of misrepresentation/false information submitted through affidavit regarding infrastructural facilities available with .
them. Further, directions be given to NCTE to seek compliance of other deficiencies/shortages as pointed out above before allowing admissions to the next session i.e. 201718.
444 The institute had, initially, controverted the report of the SIT by filing response (at pages 176199).
However, we need not to refer the same in detail in view of the inspection conducted by the VT members on 12.06.2018 in pursuance to the orders passed by this Court. In its report, the only deficiency as pointed out by the VT, is that the institute is having 2090 square metres as against 3000 square metres of builtup area which is not sufficient as per the NCTE norms. At the same time, it has been mentioned that the new building which is under construction cannot be taken into account as the same is on the other land.
However, the report of the NCTE is controverted by the institution by filing a supplementary affidavit (at pages 5870 5917) wherein it is pointed out that the Society had been granted approval to run the college in the year 2007 after having verified that it fulfills all the required codal ::: Downloaded on - 18/12/2018 22:55:52 :::HCHP 328 formalities. The Society is, otherwise, the owner of the land measuring 507 bighas. It has been transferred in the name of the Society after obtaining requisite permission under .
Section 118 of the H.P. Tenancy and Land Reforms Act. The construction work is in progress after the maps were duly approved by the competent authority and two floors are almost complete and the remaining construction would be completed within six months. Since, the institution was established in the year 2007, therefore, it is not required to comply with the norms and regulations of 2014 and for additional intake of 100 students, the builtup area is to be increased by 500 square metres and the requirement of land will not apply to the institution.
445 Apart from the above, after completion of the complex at the new site, there would, otherwise, be no deficiency with regard to requirement of land of builtup structure.
446 We have considered the rival claims and are of the considered view that since the institute is likely to complete its building within six months, the courses being currently run by it ought to be permitted, with a clear understanding that after March 31, 2019, these courses shall be shifted to the new campus which shall fully comply with ::: Downloaded on - 18/12/2018 22:55:52 :::HCHP 329 the norms of 2014. Ordered accordingly. Needless to say that at the time of shifting to the new campus, the NCTE is free to carry out inspection of the new campus.
.
Db)1: K.C. Group of R & PI, Faculty of Engineering, Pandogra Uparla, District Una.
Db)2: K.C. Group of R &PI Faculty of Management, Pandoga Uparla, District Una.
Dc)1: K.C. Group of Pharmaceutical Sciencies, Pandoga, Uparla, District Una.
Dd)1 447 Uparla,District Una.
r to K.C. Group of R&PI Polytechnic, Pandoga The conclusions arrived at by the SIT in progress reports No. 2 and 3 at that point of time have been enumerated as under: It may thus be seen that the first inspection carried out on 30.4.2009 with the objective of assessing the feasibility of issuing a NOC in favour of the said society to start the various institutes, the Committee observed that only some columns had been raised on the ground floor for the Engg. and technical block with a carpet area of 1600 sq. mts. approximately. The Committee further pointed out that construction work upto plinth level has been done in case of MBA block whereas the construction work in respect of Pharmacy Block has not yet been started. The committee also observed that supply order for some machinery and equipments had been placed but no advertisement for recruitment of staff had been issued. The Committee ::: Downloaded on - 18/12/2018 22:55:52 :::HCHP 330 was finally of the view that th society was at the beginning stage of the construction for two programmes i.e. Engg. and MBA whereas the construction of Pharmacy block was yet to be started.
.
The committee concluded that the NOC for 20092010 session could only be issued after verification of infrastructure constructed by the Society was completed and other norms and conditions of AICTE and affiliated university were also met. It appears that the K.C. Society then approached AICTE for approval of the various programmes and an Expert Visting Committee constituted by AICTE conducted an inspection on 25.6.2009 for the recommendations of State government for 240 engg.
seats and 60 MBA seats. In this inspection report, it was clearly mentioned that the buildings were under construction. It was also observed that MBA block was under construction and that equipments were partially installed for the said course. AICTE ordered another inspection on 10.7.2009 i.e. after a period of about 15 days in which one of the inspecting officers namely Sh.
B.S. Sohi, Director UIET Punjab University, Chandigarh was common. Surprisingly, no deficiencies were pointed out in the said report and the recommendations were made for the approval of session 201011. It is highly improbable that buildings which were under construction as on 25.6.2009 were completed on 10.7.2009 and the equipments purchased and installed. The AICTE HO issued approval on 22.7.2009 for 240 Engg. seats and 60 MBA seats for the academic year 200910 subject to the schedule prescribed by the State government and ::: Downloaded on - 18/12/2018 22:55:52 :::HCHP 331 affiliated University for the admission of students for the said academic year failing which the appproval would be valid for academic year 201011. The first inspection for pharmacy was carried out on 30.5.2010 .
in which several glaring deficiencies were pointed out and assuch the LOA was not recommended by AICTE, NW RO Chandigarh vide their report dated 8.6.2010.
However, the society filed an appeal on 17.6.2010 and appellate committee approved the issuance of LOA on 13.7.2010.
During the years 2009 to 2015, a number of other inspections, were carried out at the instance of Himachal Pradesh University and HP Technical University but in every inspection several major deficiencies were found in the said integrated complex in respect of each discipline.
A surprise visit was made on 4.6.2012 by an Expert Visiting Committee at the instance of CBI, CVO, Ministry of HRD and CVC. In this report, the Committee especially reported that the boundary walls were not ready for use, civil/electrical work not completed, boundary walls not made, stock registers of laboratory equipment, computers, system software, application software, printers etc. not presented, five programmes running in the same campus, boys/girls common rooms, cafeteria, stationary stoers not as per norms, class rooms, tutorial rooms, labs for UG/PG less in numbers, incomplete and not as per norms, seminar halls do not exist, no power connection in the laboratory, less equipments, no boundary wall, no facility for handicapped, no drinking water facility, no furniture available in Engg. & Tech. and Management ::: Downloaded on - 18/12/2018 22:55:52 :::HCHP 332 programme rooms, deficiencies in computerization facilities, programme level faculty not shown, deficiency exists in administrative areas and that the existing programmes were running in a polytechnic .
college. This Committee did not recommend continuation of the existing courses because all the buildings were under construction and civil/electrical works incomplete. Based on the said report, a show cause notice was issued by AICTE on 24.7.2012 as to why it should not be considered that AICTE was misled by the Institute by giving manipulated/false information, violation of terms and conditions in the letter of approval and appropriate actions including withdrawal of approval be not initiated against the institution for nonobservance of the terms and conditions of approval as also for misleading the AICTE by submitting false information. In response to the said show cause notice K.C. Society submitted a reply dated 6.9.2012 wherein they claimed that the buildings were complete in all respects and some photographs were also attached.
From the various facts and evidence available on record in the light of different inspections carried out by different committees appointed by different agencies, it is established that K.C. Educational and Social Welfare Society had mis represented about the completion of buildings as well as the fulfillment of other norms laid down by the AICTE, HPTU, PCI and HP Technical Education Board and the various members of the committees connived with them and by abuse of their official position as public servants submitted false inspection reports to AICTE about the ::: Downloaded on - 18/12/2018 22:55:52 :::HCHP 333 availability of all the staff, equipments, machinery, furniture, books, journals, accommodation, toilets, drinking water facility, boundary wall, approach road and other essentialities as per the norms laid down by .
the various agencies of Government of India and government of Himachal Pradesh and other agencies and thus cheated them in the matter of obtaining approval/affiliation for running these institutions. However, a final recommendation in the matter about registration of a case or otherwise shall be made only after a physical verification of the site and examination of the various documents available with the management, which will be attended to shortly. The final recommendation in this regard shall be made in the next progress report to be submitted to the Hon'ble High Court of Himachal Pradesh.
448 Thereafter, in progress report No.3 on the basis of physical inspection and verification of the record, it was concluded as under: The Society was formed on 18/10/2008 and registered on 24/11/2008. Further, on 08.12.2008 an Essentiality Certificate for the purchase of land in Himachal Pradesh to start Diploma/Degree level institutions was given by Director(TE), Sundernagar (HP). Also on 27/12/2008, the Financial Commissioner/Secretary (Revenue) granted permission to the Society to purchase land for the establishment of educational institutions. In pursuance of the aforesaid permission, the society purchased 22 acres of land in Village and Post Office Pandoga Uparla, Tehsil and District Una H.P. on 29/12/2008. The Patwari of ::: Downloaded on - 18/12/2018 22:55:53 :::HCHP 334 village Pandoga issued a certificate on 29/12/2008 itself that the land was outside the notified area. The Asstt. Town Planner, Una also issued a No Objection Certificate on 23/01/2009 that the land did not fall within the .
jurisdiction of Town & Country Planning Department, H.P. It may thus be seen that all these actions took place with a lightning speed and all the formalities were completed in less than a months' time.
2. The Society entered into an agreement dated 04/02/2009 with M/s Daljit Singh & Sons, Ludhiana and another agreement dated 23/02/2009 with M/s United Construction Co. Chandigarh for the construction work of the integrated complex. It is seen from the various bills submitted by M/s Daljit Singh & Sons that the construction of the Polytechnic College, Administration Block, Workshop of Polytechnic College Block and Hotel Management Block was continuing till 30/03/2011.
3. In the first inspection carried out on 30/04/2009 by a Committee constituted by Director (TE) with the objective of assessing the feasibility of issuing a NOC in favour of the said Society to start the various institutes, the Committee observed that only some columns had been raised on the ground floor for the Engineering and Technical block with a carpet area of 1600 Sq. meter approximately. The Committee further pointed out that construction work up to plinth level had been done in a case of MBA block whereas the construction work in respect of Pharmacy Block had not yet stated. The Committee also observed that supply order for some machinery and equipment had been issued. The Committee was finally of the view that Society was at the beginning stage of the Construction for two programmes ::: Downloaded on - 18/12/2018 22:55:53 :::HCHP 335 i.e. Engineering and MBA whereas the construction of Pharmacy block was yet to be started. The Committee concluded that the NOC for the session 20092010 could only be issued after verification of infrastructure being .
constructed by the Society was completed and other norms and conditions of AICTE and affiliated university were also met. Another Expert Committee conducted inspection of the proposed Polytechnic on 12/6/2009 but after inspection found it difficult to firmly recommend the issuance of LOA to the Polytechnic for the session 20092010 on the various grounds mentioned in the reprot.
4. Another inspection of the said Polytechnic was carried out on 30/06/2009. This Inspection Committee also pointed out various discrepancies and recommended that minimum basic construction for the first year was not sufficient for the five courses and the finishing work of the workshops and labs was in progress but the available infrastructure was sufficient to run only three Engineering Diploma Courses for which the finishing work was in progress and may be completed in a week's time. The Committee recommended for consideration of the case of approval for three courses at that stage. The report of the inspection committee was considered by the State Level Committee in its 16th meeting held on 03/07/2009, and it was recommended that the letter of approval be issued by NWRO AICTE Chandigarh for running three courses i.e. Mechanical Engineering, Electrical Engineering and Electronics & Communication Engineering for the session 20092010. In view of this recommendation RO/AICTE Chandigarh granted approval to K.C Polytechnic vide letter dated 04/07/2009 for an annual intake of 60 seats each in three disciplines namely, Electrical Engineering, ::: Downloaded on - 18/12/2018 22:55:53 :::HCHP 336 Electronics & Communication Engineering., and Mechanical Engineering for the academic year 20092010. Consequently, the HP Takniki Shiskha Board. Dharmasals granted affiliation to the Polytechnic on 1519/10/2009 .
on yearly basis for a period of three years after conducting the inspection to the entire satisfaction of the Board regarding availability/creation of additional infrastructure as per AICTE norms.
5. The 3rd inspection of K.C. Polytechnic, Una was carried out on 25/07/2009 by a committee to verify the various infrastructure facilities and compliance of the conditions laid down in Letter of Intent issued by RO AICTE Chandigarh vide letter dated 25/04/2009. The Committee opined that the institution had made progress in providing the infrastructure facilities and setting up of equipment and most of the deficiencies had been removed except for the Chemistry Lab for which the work was in progress and for which an assurance had been given by the Chairman for its completion before stipulated period.
The Committee recommended the case of approval to be considered for remaining two diploma courses in Civil and Computer Engineering for the current Academic Session. However, the SLC after considering the Inspection report in its 17th meeting held on 03/08/2009, decided not to recommend any of the additional courses.
6. It appears that simultaneously the Society then approached AICTE for approval of the various programmes and an Expert Visiting Committee constituted by AICTE conducted an inspection on 25/06/2009 for the recommendations of State Government for 240 Engineering seats and 60 MBA seats. In its inspection report it was clearly mentioned that the buildings were under ::: Downloaded on - 18/12/2018 22:55:53 :::HCHP 337 construction, equipment were not installed in place and workshop was under construction. It was also observed that MBA block was under construction and that equipment was partially installed for the said course.
.
AICTE ordered another inspection on 10/07/2009 i.e. after a period of about 15 days in which one of the inspecting officers namely, Shri. B.S Sohi, Director UIET Punjab University, Chandigarh was common,. Surprisingly, no deficiencies were pointed out in the said report and the recommendations were made for the approval of session 20102011. It is highly improbable that buildings which were under construction as on 25/06/2009 were completed on 10/7/2009 and the equipment purchased and installed. The AICTE issued approval on 22/7/2009 for 240 Engineering seats and 60 MBA seats for the academic year 20092010 subject to the schedule prescribed by the State Government and affiliating University for the admission of students for the said academic year falling which the approval was valid for academic year 20102011. The first inspection for Pharmacy was carried out on 30/05/2009 in which several glaring deficiencies were pointed out and as such the letter of Approval (LOA) was not recommended by AICTE, NW RO Chandigarh vide their report dated 08/06/2010. However, the Society filed an appeal on 17/06/2010 and the Appellate Committee approved the issuance of LOA on 13/07/2010. During the years 2009 to 2015, a number of other inspections were carried out at the instance of Himachal Pradesh University and HP Technical University but in every inspection several major deficiencies were found in the said integrated complex in respect of each discipline. All these deficiencies continue ::: Downloaded on - 18/12/2018 22:55:53 :::HCHP 338 to exist as observed by the SIT during its inspection in January, 2016.
7. A surprise inspection was conducted on 04/06/2012 by an Expert Visiting Committee at the .
instance of CBI, CVO (Ministry of HRD) and CVC. In this report, the Committee specifically reported that the buildings was not ready for use, civil/electrical work not completed, boundary walls not made, stock registers of laboratory equipment, computers, system software application software, printers etc, not presented, five programmes running in the same campus, boys girls, common rooms, cafeteria, stationary stores not as per norms, class rooms, tutorial rooms, labs for UG/PG less in numbers, incomplete and not as per norms, seminar hall do not exist, no power connection in the laboratory, less equipment, no boundary wall, no facility for handicapped, no drinking water facility, no furniture available in Engineering & Technical and Management programme level faculty not shown, deficiency existed in administrative areas and that the existing programmes were running in a polytechnic college. This Committee did not recommend continuation of the existing courses because all the buildings were under construction and civil/electrical works incomplete. Based on the said report, a Show Cause Notice was issued by AICTE on 24/07/2012 as to why it should not be considered that AICTE was misled by the Institute by giving manipulated/false information, violation of terms and conditions in the letter of approval and appropriate actions including withdrawal of approval be not initiated against the institution for nonobservance of the terms and conditions of approval as also for misleading the AICTE by ::: Downloaded on - 18/12/2018 22:55:53 :::HCHP 339 submitting false information. In response to the said Show Cause Notice, K.C. Society submitted a reply dated 06/09/2012 wherein they claimed that the buildings were complete in all respects.
.
8. The Society also submitted an application dated 20/11/2009 to Director( Higher Education) HP for grant of NOC for BBA, BCA and PGDCA programmes at K.C. Institute of Management. Along with this application the Society submitted a certificate dated 22/10/2009 purportedly issued by Sh. Sunil Mahajan of of M/s Sunil Mahajan & Associates, Architect, Chandigarh, certifying that the building of K.C Institute of Management was complete in all respects. Further, an affidavit dated 17/11/2009 sworn by Sh. Prem Pal Gandhi, Chairman of the Society to the effect that all the documents attached with the NOC application for starting the said courses were true and correct to the best of his knowledge and belief goes to prove his knowledge of submission of aforesaid forged document. Sh. Sunil Mahajan denied to have issued such a certificate.
9. The Society did not obtain No Objection Certificate (NOC) from the Government of Himachal Pradesh which was an essential requirement before affiliation from HPC Shimla. It would be worthwhile to mention here that while applying for affiliation with HPU it was misrepresented by the institute that the concurrence of the State Government had been obtained whereas only a copy of letter dated 08/12/2008 issued by Director( Technical Education), Sundernagr (HP) enclosing therewith an Essentiality Certificate for the purchase of the land to start Diplama/Degree level institutions at village & P.O. Pandoga Uparla, Tehsil & District, Una was submitted by ::: Downloaded on - 18/12/2018 22:55:53 :::HCHP 340 the insitute to the HPU for the purpose of affiliation of the integrated campus. It has come to light that K.C. Group of Research and Professional Institute actually applied for NOC on 07/03/2013 to Secretary (Technical Education) HP .
and a NOC (expostfacto) to start Engineering and Management Classes for the session 20092010 was granted by Special Secretary (TE), Government of Himachal Pradesh on 09/07/2013. Thus the Society started the various institutions in 20092010 without the No Objection Certificate from the State Government which was granted expostfacto only on 09/07/2013.
10. On the basis of the various facts and evidence available on record in the light of the different inspections carried out by different committees appointed by different agencies and SIT, it is established that K.C. Educational and Social Welfare Society had misrepresented/mislead and submitted false information/documents about the completion of building as well as the fulfillment of other norms laid down by the AICTE, HP TU, PCI and HP Technical Education Board and various members of the Committees connived with them and by abuse of their official position as public servants submitted false inspection reports to AICTE about the availability of all the staff, equipment, machinery, furniture, books, journals, accommodation, toilets, drinking water facility, boundary wall, approach road and other essentialities as per the norms laid down by the various agencies of Government of India and Government of Himachal Pradesh and thus cheated them in the matter of obtaining approval/affiliation for running these institutions. Not only this, even forged documents were submitted to obtain approval from the Government of HP.
::: Downloaded on - 18/12/2018 22:55:53 :::HCHP341 449 On the basis of the aforesaid conclusions, it has been prayed that .
(i) a criminal case may please be ordered to be registered either by the CBI or State Vigilance & Anit Corruption Bureau (HP) against the K.C. Educational and Social Welfare Society, Pandoga Uparla, Una (HP) Sh. Prem Pal Gandhi, Chairman of the Society, Dr. S.P. Singh the then Regional Officer, NWRO, AICTE, Chandigarh, Dr. B.S. Sohi, the then Director of UIET Punjab University, Chandigarh, Dr. K.S. Kasana, Professor & HOD, Mechanical Engineering, NIT, Kurukshetra, Dr R.K. Chauhan, Professor & HOD, Computer Science Department, Kurukshetra University and unknown others under the relevant provisions of Indian Penal Code and the Prevention of Corruption Act 1988.
(ii) The result of students admitted to various courses and passed out from the various faculties of K.C. Group of Institutions for the period 20092015 is complied below: B. Tech Course Year/ Batch Students Students appeared Passed out 20092013 Batch 107 20 20102014 Batch 177 141 20112015 Batch 151 95
2. B. Pharma Course Year/ Batch Students Students Passed appeared out ::: Downloaded on - 18/12/2018 22:55:54 :::HCHP 342 20102014 10 05 Batch 20112015 25 19 Batch .
3. D. Pharma Course Year/ Batch Students Students Passed appeared out 20102012 09 01 Batch 20112013 07 02 Batch 20122014 r 02 00 Batch 20132015 23 14 Batch
4. Diploma in Engineering Year/Batch Students Students Passed appeared out 20092012 Batch 101 21 20102013 Batch 177 37 20112014 Batch 183 49 20122015 Batch 142 27 The above figures would show that the quality of the education imparted by this Group of Institutions to the students admitted to various courses was miserable. Since the K.C. Group of Institutions lacks basic infrastructure to run Engineering, Management and ::: Downloaded on - 18/12/2018 22:55:54 :::HCHP 343 Pharmacy courses, no further admission may be ordered to be allowed till all the deficiencies pointed out by the inspecting committees and SIT from time to time for various courses are rectified. It is, therefore, further .
prayed that directions may kindly be issued to AICTE, Pharmacy Council of India and the State of Himachal Pradesh not to grant any further approval to K.C Group of institutions till they fulfill the minimum requirements/norms laid down by them in this regard.
450 These institutes were inspected by the VT pursuant to the order passed by this Court and in its first report (pages 26672693) only the following shortcomings were found:
1. Books and titles in the library should be increased.
2. Latest computers with license software must be procured.
3. Subscribe latest volume of journals.
4. No LCD projector in the seminar hall.
451 The VT also inspected its polytechnic college and vide its report (pages 28672886), no significant deficiency was found.
452 To this report, the institutions not only filed reply (pages 50565224) but also filed reply qua the pharmaceutical sciences and polytechnic courses being run by them, wherein great emphasis has been laid to the effect that there is no ::: Downloaded on - 18/12/2018 22:55:54 :::HCHP 344 shortcoming in these institutions, therefore, they should be permitted to continue.
453 We find that there is yet another report regarding .
institutions of management and technology at pages 59335937.
There is a supplementary affidavit filed on behalf of the Assistant Director, AICTE in compliance to the orders passed by this Court on 4.7.2018, wherein it was averred that the inspection of the institutes had been conducted after taking into account the present condition and latest norms of the AICTE. To similar effect is an affidavit in the case pertaining to the K.C. Pharmaceutical Sciences (pages 59285938) and K.C. Group of R&PI Polytechnic (pages 59235927), however, it would be necessary to refer to the latest supplementary affidavitcum undertaking on behalf of the institution by Mr. Hitesh Gandhi, wherein it is stated that the institution has purchased 1577 books and along with that bills of such books have also been attached. The institution has purchased library management system software at the cost of Rs.35,000/, language lab software amounting to Rs.36,000/, DVD writer, sound speakers, USB headset with Mic and ejournals for each library amounting to Rs.91,800/. It has carried out necessary repairs in the building and has also purchased certain electrical material and receipts of these have been appended with the affidavit.
::: Downloaded on - 18/12/2018 22:55:54 :::HCHP345 However, importantly, the Institution has pointed out that there is huge shortage in admission in all branches, which is making it extremely difficult to comply with all the norms and taking this .
into account, the Institution has also applied for reduction of the seats/intake of the students in MBA from 90 to 60 and polytechnic institute has also applied for the reduction of students in Mechanical Branch from 120 to 60, civil engineering from 120 to 60 and in B. Pharmacy from 100 to 60 students. Not only this, the Institution has also applied for closure of Electronics and Communication Branch and UG second year direct Mechanical Engineering, Computer Sciences and Engineering and in polytechnic, automobile engineering and Electronics and communication branch and M. Pharmacy. It has been stated that for the last two years, there has been zero admission in the above mentioned courses.
454 Obviously, after closure of so many courses, as aforesaid and with the current intake, it cannot be doubted that the Institution is having adequate infrastructural facility and is, therefore, permitted to continue to run the courses as already being run by it.
::: Downloaded on - 18/12/2018 22:55:54 :::HCHP346 Db)3: Dev Bhoomi Institute of Engineering and Technology, Chandpur, Haroli, Una.
Dd)2: Dev Bhoomi Polytehnic, Chandpur, Haroli.
.
455 The SIT in its progress report No. 4( pages 5376) had found a number of shortcomings and on the basis of the same had concluded as follows:
(a) The built up area of the Polytechnic and Engineering College was deficient by 9054.50 Sq. meters.
(b) The requirements of various administrative areas, amenities and common facilities were not available as per AICTE norms,
(c) The infrastructural facilities of various Labs, Workshops, Library, Drawing Hall and Cafeteria etc were also not sufficient as per AICTE norms.
(d) Major deficiencies were found in documentation submitted to AICTE and available infrastructural facilities and the same did not conform to AICTE norms.
(e) The Engineering College, Polytechnic as wellas BBA and BCA courses were being run from the same premises and the facilities available therein were being shared. Some of the important infrastructure like FirstAid Room, Girls Common Room, Placement Cell, and Examination Control Office etc, were not available in the campus.
(f) There was no Principal for the Dev Bhumy Polytechnic.
(g) As per AICTE norms that total faculty members required for the Polytechnic and Engineering College in the light of the sanctioned intake was 182 as against 30 faculty members were PostGraduate in Engineering, five members Post Graduates in Humanities and other subjects ::: Downloaded on - 18/12/2018 22:55:54 :::HCHP 347 and rest were only engineering graduates who were not eligible for teaching B. Tech courses.
(h) Only one faculty member was available with 30 students in different semesters for Automobile Engineering .
Branch.
(I) The faulty members were not paid as per AICTE norms. No senior faculty members like Professor/Associate Professors had been appointed in the institute.
(j) No appointment letters had been issued to most of the faculty members and some faculty members had received the appointment letters but the same did not contain the details of their salary/pay scales.
(k) There was an acute shortage labs for the Engineering College and the Polytechnic in as much as only 25 labs were available as against a total requirement of 106 labs. Further, the labs were not adequately equipped with instruments/apparatus and technical manpower ( Lab. Assistant) for conducting the practical classes and some of the available instruments were not even in working condition.
(l) The library facilities were totally inadequate and there were major deficiencies in the same. The institute purchased 68 Journals in the year 2010 and thereafter no Journals had been subscribed/purchased.
(m) No display board about "AnitRagging Instructions"
was found in the premises which was mandatory as per the orders of the Hon'ble Supreme Court of India. However, one board had been displayed at the main entrance which was old, rusted and not readable.
(n) During inspection it was found that the applications uploaded by Dev Bhumy Group of Institutions on AICTE Portal seeking extension of approval for 20162017, the ::: Downloaded on - 18/12/2018 22:55:54 :::HCHP 348 facts regarding the number of faculty members and Principals had falsely been shown as 149 against a requirement for the Polytechnic. The physical verification revealed that there were only 29 faculty members and a .
combined Principal for Engineering College and Polytechnic. Similar misrepresentations had also been made in the past based on which extensions of approval had been granted by ACITE as there had been no inspection after the year 2010.
(0) The inspection also revealed that manipulated figures, had been given in the applications uploaded on AICTE Portal in respect of faculty members, builtup areas, Library Books and Computers available with the institutions and extension approval was sought for the Academic Session 20152016 based on these misrepresentations.
(p) False and misleading inspection reports were given by the Expert Visiting Committee in as much as the Committee which conducted the inspection of the institute on 30/05/2010 found major shortcomings and therefore the case for grant of approval was rejected by AICTE on 30/07/2010 whereas another EVC which conducted inspection on 18/8/2010 found no deficiencies based on which approval was granted by AICTE. In fact, the institutions did not have separate and sufficient infrastructure, faculty and other requirements to run either a Polytechnic or an Engineering College till date.
(q) It is rather strange that in the absence of any approval from AICTE the Himachal Pradesh University permitted the said Group of Institutions for Counseling to be conducted by the Directorate of Technical Education, H.P. ::: Downloaded on - 18/12/2018 22:55:54 :::HCHP 349
(r) The extension of affiliation had been granted to the said Group of Institutions from the Academic Session 2011 2012 onwards by Himachal Pradesh Technical University and every time after inspection the institution had .
submitted false compliance reports regarding the rectification of deficiencies pointed out by the inspection team sent by HPTU.
(s) Over and above, Dev Bhumy Group of Institutions started functioning without any "No Objection Certificate' from the Government of Himachal Pradesh. They had very cleverly circumvented the process by sending a letter to the Chief Minister for NOC in the beginning which was not found anywhere on record. During inspection they invoked failing clause that since they did not receive any reply from the State Government in this regard, the same amounted to concurrence of the State Government.
(t) During the inspection it came to light that the permission was granted by Revenue Department, Government of H.P. to Dev Bhumy Educational Trust to establish on Engineering College on 17/01/2009. However, this facility was misused by the trust to run BBA and BCA course also.
(u) The Principal Trustee of the trust ( Sh. Bhupinder Kumar Sharma) and the main Author of the Trust ( Smt. Neelam Kumari Sharma) are husband & wife and both are Canadian Citizens since 2000 and therefore unable to supervise the activities of the institutions. This fact had not been disclose to any of the authorities by the Trust till date. The receipt of funds from the said two persons by the Trust was also in violation of the Foreign Contribution (Regulation) Act 1976.
::: Downloaded on - 18/12/2018 22:55:55 :::HCHP350 456 Based upon aforesaid conclusions, it was prayed as under: A criminal case may please be ordered to be registered .
either CBI or State Vigilance & Anit Corruption Bureau, Himachal Pradesh against Sh. Bhupinder Kumar Sharma, Chairman, Sh. Rajat Sharma, Administrative Officer, Dr. Suraj Pathak, the then Director of Dev Bhumy Group of Institutions, Chandpur, Tehsil Haroli, District Una, concerned inspecting officials of AICTE and unknown others under the relevant provisions of Indian Penal Code and Prevention of Corruption Act, 1988.
The year wise result of students admitted to various courses, by Dev Bhumy Group of Institutions for the period 20112012 is compiled below:
1. Engineering Courses/B. Tech Course Year Students Students Passed appeared 2011 127 12 2012 381 31 2013 580 290 2014 730 121 2015 363 87
2. Polytechnic Courses/Diploma in Engineering Year Students Students Passed appeared 2009 51 12 2010 243 32 ::: Downloaded on - 18/12/2018 22:55:55 :::HCHP 351 2011 492 54 2012 662 72 2013 804 87 2014 635 29 .
2015 245 34The above figures would show that the quality of the education imparted by Dev Bhumy Group of Institutions to the students admitted to various courses was not up to the mark. Since the Dev Bhumy Group of Institutions lacks basic infrastructure to run Engineering and Diploma Courses, no further admission may be ordered to be allowed till all the deficiencies pointed out by the inspecting committees and SIT from time to time for various courses were rectified. It is therefore, further prayed that directions may please be given to AICTE New Delhi, HP Technical University, Hamirpur and Himachal Pradesh Takniki Shiksha Board, Dharamshala not to grant any further extesnion of approval/extension of affiliation to Dev Bhumy Polytechnic till they they fulfill the minimum requirement/norms laid down by AICTE in respect of infrastructure, faculty labs, workshop, library and other commons facilities.
457 The Institution was inspected by the VT of the AICTE pursuant to the order passed by this Court and in its report (pages 26942721), it has been pointed out that the institution has applied for progressive closure vide application I.D.: 111234567 from the academic year 201819, but the deficiencies were observed in numbers and areas in laboratories, class rooms, tutorials, some amenities/facilities. These areas ::: Downloaded on - 18/12/2018 22:55:55 :::HCHP 352 have been shared within campus of Dev Bhoomi Polytechnic.
Some deficiencies were also observed in faculty and supporting staff. The Polytechnic Institute was also inspected by the VT of .
AICTE and in its report (pages 28882909), no significant deficiencies were noticed, however it was observed that some administrative and academic infrastructural facilities are shared with existing Dev Bhoomi Institute of Engineering and Technology.
458 The Institution has controverted the reports of the SIT and VT initially by filing a response (pages 14041441), however, it would be necessary to refer to an affidavit/undertaking (pages 59435952) filed by the Institution, wherein it is stated that the decision for closure of B.Tech.
Courses has already been taken and there would be no new admission in any B.Tech. Course for academic session 201819.
Only the existing students would be permitted to complete the courses and shall be transferred to other B.Tech. Institutions for which steps will be taken in accordance with the norms and law applicable. Therefore, all the infrastructure and the facilities that were being utilized by the institution earlier shall be available and put to use for polytechnic college.
459 In light of the affidavit filed by the Institution, the AICTE was directed to inspect the college afresh and in ::: Downloaded on - 18/12/2018 22:55:55 :::HCHP 353 compliance to the order so passed by this Court had placed on record EVC report (pages 67166744), wherein it is confirmed that the Institution has applied for closure. Therefore, we have .
no doubt in our mind that the infrastructure that was earlier being utilized by B.Tech. courses would now be sufficient to run polytechnic courses, therefore, the Institute is permitted to run polytechnic courses.
Db)4 MIT College of Engineering & Management, Bani, Ganoh Rajputan, Barsar, Hamirpur, H.P. r 460 The SIT in its progress report No.6 (pages 4753) has not really found any serious infrastructural deficiencies, however, it was solely prayed that a criminal case may be ordered to be registered either by CBI or State Vigilance & Anti Corruption Bureau, Himachal Pradesh against Shri Vinod Thakur, President of Kailash Education SocietycumPrincipal, MIT Polytechnic and unknown others for obtaining extension of approval from AICTE on the basis of misrepresentation/false information regarding infrastructural facilities available with the polytechnic institution. The Institution has been inspected by the VT more than once and its first report is available at pages 27222749, wherein the following deficiencies have been noticed:
::: Downloaded on - 18/12/2018 22:55:55 :::HCHP354
1. Stock register for laboratory equipment, computer, printers, softwares, office equipments are not found to be updated.
2. Internet connectivity in the labs was not .
demonstrated.
3. Some old documents related to the purchase of equipments, computers, books journals, telephones bills are submitted.
4. Overall ambiance, housekeeping and building maintenance was not found satisfactory.
5. Some building elements were found unsatisfactory.
461 There is yet another report of the AICTE available at pages 59185922, wherein it is stated that so far as the report of the SIT qua this Institution is concerned, that is based on the investigation right from the inception, whereas EVC constituted by the AICTE has inspected the Institution on the basis of its present condition. There is one more report available at pages 66676715, wherein it is pointed out that the Chairman of the Institution has given an undertaking that MIT Polytechnic has been closed from the session 201617. At present, no student is studying in MIT Polytechnic and all its resources including building, computers, laboratory equipments and books in the library are being utilized by MIT College of Engineering and Management (MIT CEM). However, still few deficiencies have been pointed out, which in our considered opinion, can ::: Downloaded on - 18/12/2018 22:55:55 :::HCHP 355 conveniently be ignored as these can be removed later on and would not in any manner impede the running of the courses.
Therefore, in this background,we need not to refer to the .
supplementary affidavit filed by the Institution available at pages No. 69526994 and accordingly, the Institution is permitted to run its courses subject of course to removal of all the objections raised by the VT of the AICTE before start of next academic session.
Db)5 Shiva Institute of Engineering & Technology, Luhnoo Kanetain, Chandpur, Tehsil Sadar, Bilaspur.
Dc)3 Shiva Institute of B. Pharmacy,Luhnoo Kanetain, Chandpur, Tehsil Sadar, Bilaspur.
Dd(5) Shiva Institute of Engineering & Technology, Luhnoo Kanetain, Chandpur, Tehsil Sadar, Bilaspur.
462 The SIT in its progress report No. 6 (pages 95103) has concluded as follows: That an application submitted to AICTE on 19.2.2016, for extension of approval for Under Graduate and PG Engineering Courses and Diploma Courses being run in the 2nd Shift the number of faculty members had been falsely shown as 144 out of which 121 were shown as approved wereas in fact only 58 faculty members were available and none of them had been approved by HPTU. Further a shortage of 32 labs was found in as much as 25 labs were available against a requirement of 57 labs. Only 23 ::: Downloaded on - 18/12/2018 22:55:55 :::HCHP 356 instructors were found in the Workshops/Labs as against a requirement of one for each workshop/Lab. The number of class rooms, tutorial rooms etc. were also found to be short particularly the Multipurpose hall and boys common .
room etc. There was a shortage of computers, printers and software etc. and INTERNET bandwidth was also bound to be inadequate.
Dr. Lakhwinder Pal Singh, who was employed as Principal of the Institute since August, 2016, was holding a Ph.D. degree conferred by CMJ University Shillong in the year 2012. It may be added here that the CMJ University had come to an adverse notice and found to be involved in issuing bogus Ph.D. degrees. However, he is doing Ph.D against from Sant Longowal Institute of Engineering & Technology, a Deemed University and had submitted his thesis in September 2016 only.
463 On the basis of the aforesaid conclusions,it has been prayed that: A criminal case may please be ordered to be registered either CBI or State Vigilance & Anti Corruption Bureau, Himachal Pradesh against Sh. Purushotam Sharma, Secretary, Shiv Educational Society and unknown others for obtaining extension of approval for UG and PG Engineering Courses and diploma on the basis of mis representation /false and incorrect information uploaded on the AICTE portal for the academic session 201617. Regarding the infrastructural and instructional facilities available with the institute, directions may also be issued to AICTE to seek compliance of deficiencies pointed out above before according further extension of approval for the session 201718.
::: Downloaded on - 18/12/2018 22:55:55 :::HCHP357 464 The SIT in its progress report No.6 (pages 104
109) after scrutiny of records and physical inspection of the .
Shiva Institute of B. Pharmacy has found minor deficiencies in infrastructural as well as instructional areas. Therefore, it has been prayed that directions be issued to AICTE and PCI to seek compliance for these deficiencies before according extension of approval for the academic session 201718.
465The report of the SIT was sought to be controverted by filing an affidavit/response (pages 176199), however we really need not to refer to the same in view of the inspection having been carried out by the VT pursuant to the orders passed by this Court. Such report is available at pages 27502770, wherein following deficiencies with regard to infrastructure have been pointed out:
1. Building plans are shown approved by Gram Panchayat, whereas the approval is envisaged as per the norms of the approval process handbook 201819.
2. A letter with letter No. STV (TE) HF545TR Abhilashi/EC/20087451 dated 9.2.2017 written to Director TR Abhilashi Memorial Institute of Engineering and Technology by Director Technical Education H.P. for the clarification on the subject matter stated above is submitted with enclosure.
3. 16 class rooms area available instead of required 19 (for UG courses).
::: Downloaded on - 18/12/2018 22:55:56 :::HCHP358
4. Although the total area of classrooms is 1055.862 square meters - 1056 (16 x 66) which is as per AICTE norms the area of four classrooms is slightly less than the required as per norms.
.
5. Instead of 5 tutorials only 4 tutorials are available (for UG courses).
6. No tutorials/classrooms or research labs are available for PG courses. The Institute has applied for it. Closure of the PG courses and NOC from H.P. Government and H.P. Technical University Hamirpur has been received.
7. Occupation certificate from Gram Panchayat is not accepted as it is not from the competent authority as per the AICTE approval process Handbook 201819.
8. NOC for closure of UG course of Electronics and CommunicationsEngineering has been received from H.P. State Govt. and H.P. Technical University Hamirpur.
9. Many areas filled in the application were not available during physical verification.
10. Although the building is G+4, there is no provision of lift and barriers free environment is not available.
11. Fire NOC is not available from the Fire Department.
466 The VT under order of this Court also inspected Shiva Institute of B. Pharmacy and in its report (pages 2823 2837) found the following deficiencies:
1. Building plans are shown approved by Gram Panchayat, whereas the approval is envisaged as per the norms laid down in approval process handbook 201819.
2. A letter with letter No. STV (TE) HF545TR Abhilashi/EC/20087541 dated 9.2.2017 written to Director TR Abhilashi Memorial Institute of Engineering ::: Downloaded on - 18/12/2018 22:55:56 :::HCHP 359 and Technology by Director Technical Education H.P. for the clarification on the subject matter stated above is submitted with enclosure.
3. Cafeteria is a shared facility with the adjoining Shiv .
Institute of Engg and Technology run by the same society.
4. The sizes of the girls common room and boys common room are little less in area than the required.
5. The placement office is not available.
6. Barrier free environment is not available.
7. Although the building is G+4, there is no provision of lift.
8. Fire NOC from the Fire Department is not available. 467 It is thereafter that the Institution has filed supplementary affidavit and point wise objections raised by the VT have been answered in the following manner: A. Building plans are shown approved by Gram Panchayat, whereas the approval is envisaged as per the norms of the approval process handbook 201819.
Reply:
The deponent submits here that the area, where the Institute is located falls within the jurisdiction of Gram Panchayat Kandraur,District Bilaspur, the same is not included in the planning zone, as such the approval of the building plans is to be accorded by the local authority itself i.e. Gram Panchayat. It is crystal clear from the communication dated 9.2.2017 issued by the Director Technical, Education Vocational and Industrial Training Himachal Pradesh whereby it has been clarified that "for ready existing institutions approved by the AICTE, the occupancy certificate ::: Downloaded on - 18/12/2018 22:55:56 :::HCHP 360 issued by the local competent authority prevailing at the time of sanctioned plans shall be considered valid and acceptable to the AICTE. It is because of the fact that the competent authority changes from time to time .
based on merging the villages in Municipal Council or Corporation in due course of time which leads to the establishment of new authorities for issuing necessary certificate". The copy of the said communication is being filed herewith and marked as Annexure R34/A for the kind perusal of this Hon'ble Court. Therefore, the deponent prays that this deficiency pointed out by the Special Expert committee may kindly be ordered to be dropped.
B. letter with letter No. STV (TE) HF545TR Abhilashi/EC/20087451 dated 9.2.2017 written to Director TR Abhilashi Memorial Institute of Engineering and Technology by Director Technical Education H.P. for the clarification on the subject matter stated above is submitted with enclosure.
Reply:
The deponent submits here that the building plans are required to be approved by the competent authority as prescribed under the rules in the State of H.P. where the institution is located, if the rules provided in the approval process Handbook 201819 are seen, then the clarification as provided by the Director Technical Education Himachal Pradesh is self contradictory. But the fact remains that the area in which the institute is functioning falls within the jurisdiction of the Gram Panchayat and is out of the planning zone as such the approval of the building ::: Downloaded on - 18/12/2018 22:55:56 :::HCHP 361 plan is to be accorded by the Gram Panchayat itself. Therefore, the deponent prays that this deficiency pointed out by the Special Expert Committee may kindly be ordered to be dropped.
.
C. 16 class rooms area available instead of required 19 (for UG courses).
Reply:
That the deponent submits here that with regard to the availability of the classrooms in the college campus, requirement as pointed out by the Special Expert Committee has not considered the factum that the society has already applied for closure of one UG course (Electronics and Communications) which was approved by the Himachal Pradesh Government as well as by Himachal Pradesh Technical University, Hamirpur. The NOCs issued by the H.P. Government and HPTU are being filed herewith and marked as Annexure R34/B (colly) for the kind perusal of this Hon'ble Court. Be it further stated here that these NOCs were placed before the committee, but keeping in view the fact that the matter was under active consideration/pending with AICTE, as pointed out in the report itself for the academic session 201819. It is further important to point it out here that the AICTE has accorded approval for the closure of the one UG course (Electronics and Communications), which find mentioned in the webportal of AICTE copy of which is being attached herewith and marked as Annexure R 34/C for the kind perusal of this Hon'ble Court. Now, after the approval of the closure of one UG course (Electronics and Communications), the requirement of ::: Downloaded on - 18/12/2018 22:55:56 :::HCHP 362 the classroom will be simultaneously reduced. Therefore, the deponent prays that this deficiency pointed out by the Special Expert Committee may kindly be ordered to be dropped.
.
D. Although the total area of classrooms is 1055.862 square meters - 1056 (16 x 66) which is as per AICTE norms the area of four classrooms is slightly less than the required as per norms.
That the deponent submits here that as per the approval for closer of one UG course (Electronics and Communications), the required area of classrooms available with the institute would be more than as pointed out in the report. The available classroom area is 1055.862 sq. meters which was otherwise required to be 1056 sq. meters. Therefore, the deponent prays that this deficiency pointed out by the Special Expert Committee may kindly be ordered to be dropped.
E. Instead of 5 tutorials only 4 tutorials are available (for UG courses) Reply:
That the deponent submits here that in the campus itself 4 tutorial rooms are available as pointed by the committee. The deponent submits here that one room which already exists in the institute has already been converted as tutorial room to meet out the deficiencies pointed out by the committee. Therefore, the deponent prays that this deficiency pointed out by the Special Expert Committee may kindly be ordered to be dropped.::: Downloaded on - 18/12/2018 22:55:56 :::HCHP
363 F. No tutorials/classrooms or research labs are available for PG courses. The Institute has applied for it. Closure of the PG courses and NOC from H.P. Government and H.P. Technical University Hamirpur .
has been received.
That the deponent submits here that on the basis of the request of the society for closure of the PG courses, the State Government and HPTU Hamirpur have issued NOCs, on the basis of which the AICTE has accorded its approval for closure of PG course which was pending at the time of inspection by the committee, therefore, the deponent prays that this deficiency pointed out by the Special Expert Committee may kindly be ordered to be dropped.
G. Occupation certificate from Gram Panchayat is not accepted as it is not from the competent authority as per the AICTE approval process Handbook 201819.
Reply:
The deponent submits here that the area, where the institute is located falls within the jurisdiction of Gram Panchayat Kandraur, the same is not included in the planning zone, as such the occupation certificate is to be issued by the Gram Panchayat itself. Therefore, the deponent prays that this deficiency pointed out by the Special Expert Committee may kindly be ordered to be dropped.
H. NOC for closure of UG course of Electronics and CommunicationsEngineering has been received from H.P. State Govt. and H.P. Technical University Hamirpur.::: Downloaded on - 18/12/2018 22:55:56 :::HCHP
364 Reply:
That in view of the approval accorded by AICTE for the closure of the UG course of Electronics and CommunicationsEngineering, the deficiency pointed .
out is liable to be dropped.
I. Many areas filled in the application were not available during physical verification.
Reply:
That the deponent submits here that the point raised by the visiting committee is unsustainable for the reason that no specific instance has been pointed out regarding the area mentioned in the application.
J. Although the building is G+4, there is no provision of lift and barriers free environment is not available.
That the deponent submits here that with a view to provide barrier free environment in the institute ramps have already been created at Ground Floor. Therefore the deponent prays that this deficiency pointed out by the Special Expert Committee may kindly be ordered to be dropped.
K. Fire NOC is not available from the Fire Department.
Reply:
That the deponent submits here that before the inspection of the committee, the society has already submitted an application for issuance of Fire Safety Certificate vide its communication dated 2.2.2018. Copy enclosed as Annexure R34/D. ::: Downloaded on - 18/12/2018 22:55:56 :::HCHP 365
468 In view of the response submitted by the Institution, we really see no reason why the institution should not be permitted to continue to run the courses which .
are being run by it. Ordered accordingly.
Db)6: T.R. Abhilashi Memorial Institute of Engineering and Technology, Tanda, Balt Via Ner Chowk, Mandi 469 The SIT in its progress report No.8 (pages 6573) has concluded that the land area is not contiguous and is deficient. False information has been uploaded on the web portal of AICTE regarding built up area as well as availability of faculty/staff, for obtaining extension of approval for the academic session 201819. It has been accordingly prayed that a criminal case be ordered to be registered either by CBI or State Vigilance & Anti Corruption Bureau, Himachal Pradesh against Shri T.R. Abhilashi and others for obtaining recognition/affiliation from AICTE/HPTU on the basis of false information/affidavits regarding the land and built up area and other infrastructure available with the society. It has been further prayed that since the institution lacks in infrastructural area and recognition and affiliation had been obtained on the basis of misrepresentation and submission of false information/documents/affidavits, directions be ::: Downloaded on - 18/12/2018 22:55:57 :::HCHP 366 issued to AICTE/HPTU not to extend approval and affiliation till the deficiencies in respect of infrastructural and instructional facilities are removed by the institute.
.
470 The Institute was inspected by the VT pursuant to the orders passed by this Court and in its report, pages 27112790, no deficiency was found in running of this institute. Therefore, we really need not to refer to the reply submissions of the institution to the report submitted by SIT (pages 30013017). r 471 In view of above, we permit the institution to run the courses as are being run by it.
Dc)2: DDM College of Pharmacy, Banehra, Tehsil Amb, District Una.
472 The SIT in its progress report No.5 (pages 3139) after scrutiny of records and physical inspection of this Institute has arrived at the following conclusions:
1. The campus was being shared amongst DDM International School and DDM College of Pharmacy and there is no boundary wall to demarcate the same.
2. There was an acute shortage of labs in as much as against a requirement of 12 labs only four labs were functional and 4 more labs were under construction.
Moreover, most of the equipment in the labs were found to be old, obsolete and unusable. No machine room had been provided.
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3. There was no proper seminar hall with furniture, dais, projector and public address system.
4. There was no language lab, Tutorial Room and placement office in the institution and the areas of Boys .
and Girls Common Rooms, Store Room, Instrumentation Room, Computer lab, Library, Faculty members rooms, Principal Office, HOD Office were found to be much less than the actual requirement.
5. The Library was not fully equipped with reference books, e journals, magazines etc and sufficient furniture had not been provided.
6. The computer lab had only 12 computer systems which were functional as against a requirement of 24 and all of them were not put on LAN.
7. There was a shortage of faculty members in as much as twelve teachers were available against a requirement of 16 and the Principal was on long medical leave since January, 2016 on account of some road accident. The faculty members and the other staff were not paid salary as per AICTE norms and in cash which was not desirable.
8. The Technicians in the lab were insufficient and the raw material available in each lab was insufficient to conduct practical Classes. No Software for performing Pharmacology experiments was available and the equipment was old and unusable.
9. The information uploaded on the AICTE web portal by the institution in their application for extension of approval for the years 20152016 and 2016 2017 in respect of infrastructure and instructional facilities were actually not found during the physical inspection in respect of various items like teaching faculty, approval of ::: Downloaded on - 18/12/2018 22:55:57 :::HCHP 368 teaching faulty by the university payment as per the 6 th Pay Commission, number of labs, machine room, Animal House and accommodation of staff members and HOD's etc. This would go to show that the institution .
misrepresented the various facts like infrastructure, instructional and other facilities available with them to the AICTE and obtained approval on the basis of false information uploaded on the AICTE portal and later submitted in hard copies as well.
10. The inspection of the said institution was got conducted initially by HP University for the Academic Session 200910 and subsequently by HPTU for the Academic Sessions 201112, 201213, 201314, 2014 2015 and 20152016 and various deficiencies were pointed out by the different inspection teams from time to time. However, the HPU/HPTU continued to extend the affiliation of the B. Pharma Course subject to the condition that the deficiencies were complied with within a period of 3 months . Some of the glaring deficiencies continue to exist as one on date.
473 On the basis of the aforesaid conclusions,it has been prayed that:
1. It is respectfully prayed that a criminal case may please be ordered to be registered either by CBI or State Vigilance & AnitCorruption Bureau, Himachal Pradesh against Sh. Narendar Sharma, Chairman, Mahant Dwarka Dass Educational Society and DDM College of Pharmacy and others for obtaining approval/extension of approval on the basis of misrepresentation under the relevant provisions Indian Penal Code.
::: Downloaded on - 18/12/2018 22:55:57 :::HCHP369
2. The percentage of result of students admitted to B. Pharma Course and passed out from the said institution for the period of 20092015 is complied below: .
Year/Batch Students Students Passed
appeared out
20092013 Batch 52 34
20102014 Batch 42 18
20112015 Batch 50 34
It may also be mentioned here that some of the students admitted to the aforesaid batches failed during the 4 years course and reappeared. However, the average pass percentage per year is between 33 to 60%. The Batches admitted for Academic Session 20122016, 20132017 ,20142018 and 20152019 are yet to pass out.
The above figures would show that the quality of the education imparted by the said institution to the students admitted to B. Pharma Course was not up to the mark. Since the DDM College of Pharmacy lacks basic infrastructure to run B. Pharma course, directions may please be issued to AICTE, Pharmacy Council of India and HPTU and to allow further admission till all the deficiencies pointed out by the inspecting committees from time to time and SIT are complied with and basic requirements/norms laid down from time to time are fulfilled.
474 The Institute was inspected by the VT pursuant to the orders passed by this Court and in its reports available at pages 28072812 and pages 64066432, no serious ::: Downloaded on - 18/12/2018 22:55:57 :::HCHP 370 deficiency was found in running of this institute. Therefore, we really need not to refer to the replyaffidavit of the institution to the report submitted by SIT (pages 44674475).
.
475 In view of above, we permit the institution to run the courses as are being run by it.
Dc)4: Dreamz College of Pharmacy, Khilra, Sundernagar, Mandi.
Fb)4: Dreamz Polytechnic, Khilra Sundernagar, Mandi.
476 The SIT in its progress report No.8 (pages 104
109) after scrutiny of records and physical inspection of Dreamz College of Pharmacy has found that the Dreamz College of Pharmacy and Dreamz Polytechnic are being run from the same premises. The total land requirement for running these institutions, as per AICTE norms was 7 acres whereas the total land available with the society from where these two institutions were being run was 185.35 sq. mts.
less than even two acres. The college had been obtaining extension of approval from time to time from AICTE as well as PCI and HPTU by concealment of the fact that Dreamz Polytechnic was being run from the land meant for Pharmacy College alone.
::: Downloaded on - 18/12/2018 22:55:57 :::HCHP371 477 On the basis of the aforesaid conclusions, it has been prayed that:
1. a criminal case may please be ordered to be registered .
either by CBI or State Vigilance & Anti Corruption Bureau, Himachal Pradesh against Shri Naresh Kumar Chairman of the Society and others for obtaining extension of approval and affiliation from AICTE/PCI/HPTU on the basis of false information regarding the land available with the Society.
2. Since the institution lacks in infrastructure and the instructional area, directions may please be issued to AICTE/PCI/HPTU to get the deficiencies complied with before extending approval/recognition/affiliation.
478 The SIT in its progress report No.8 (pages 3746) after scrutiny of records and physical inspection of Dreamz College of Polytechnic has found that the Society had misrepresented the facts about the land and building from which the polytechnic was being run for obtaining approval of DTE as well as AICTE. The land purchased for the purpose of running polytechnic was in 7 separate pieces and was lying undeveloped till date. The polytechnic totally lacks in infrastructural and instructional facilities. The data uploaded on the web portal of AICTE for seeking extension of approval for the academic year 201718 by the polytechnic has been found to be false.
::: Downloaded on - 18/12/2018 22:55:57 :::HCHP372 479 On the basis of the aforesaid conclusions, it has been prayed that:
1. a criminal case may please be ordered to be registered .
either by CBI or State Vigilance & Anti Corruption Bureau, Himachal Pradesh against Shri Naresh Kumar Chairman of the Society and others for obtaining recognition/affiliation as well as extension of affiliation from AICTE/HPU on the basis of false information/affidavits regarding the land and built up are and other infrastructure available with the Society.
2. Since the institution lacks in infrastructure and the instructional area and recognition & affiliation had been obtained on the basis of misrepresentation & submission of false information/ documents/affidavits, directions may please be issued to NCTE/HPU to cancel the recognition & affiliation of the College.
3. The permission granted by the Government of H.P. to purchase land may be ordered to be cancelled as the same had not been developed and used within two years of its purchase as per conditions stipulated in the permission letter.
480 The Dreamz College of Pharmacy was got inspected by the VT under the orders of this Court and in its report (pages (28382852), no significant deficiencies qua infrastructure were found. However, it was observed that more library books are required to be purchased for the students and the salaries are required to be paid to the staff as per sixth pay commission.
::: Downloaded on - 18/12/2018 22:55:57 :::HCHP373 481 The Dreamz College of Polytechnic College was also got inspected by the VT under the orders of this Court and in its report (pages 56045624), following deficiencies were noticed:
.
Though adequate number of classrooms are available, whereas laboratories requirement is 36 Nos.,but available are only 26.
As per norms, required faculty is 51, however Institution is having only 23 in number .
Institution is having less number of PCs as required and MPPS.
Institution Library is having less number of books and titles as required (Available number of volumes = 3067 and titles 861).
482 It is thereafter that Naresh Kumar, Chairman of Dreamz Educational Society has filed his affidavit/undertaking controverting therein the objections raised by the SIT and VT. It is averred that the society is in possession of total 3 pieces of land, total measuring l7.1 acres. The two pieces of land are comprised in Khasra No.295 (i.e. 720 bighas) and Khasra No.322 measuring 21402 bighas. Both the parcels of land are contiguous to each other as they are only separated by a Nallah. The total land in the aforementioned two khasra numbers is being utilized for conducting the Pharmacy course along with the Polytechnic ::: Downloaded on - 18/12/2018 22:55:58 :::HCHP 374 Course. Although the said two courses are being run from two different buildings having two different entrances, though situate on a single campus, but are in fact having two separte .
sub campuses. The Society is also in possession of another piece of land comprised in Khasra Nos. 100, 109, 819/110, 131, 190, 197, 198, 203, 204, 207 and 208, Kita 11 measuring 251005 bigha, which is situated at a distance of 2 kms from the land on which the society is running the institutes. It is further averred that for polytechnic courses, 5 acres of land is required and for pharmacy courses, 2 acres of land is required, whereas the Society is in fact having 7.1 acres of land. As regards requirement of more computer systems, it is averred that the society is having an approved intake of 270 seats only in different streams for the current academic session 201819. As against 270 seats, the total number of admissions in Polytechnic Institute is only 24 students. Till last year, total number of students were 154 in all three classes. However, now 54 students have passed out, therefore, the current strength of total number of students as on date is, 124. There are total number of 98 computers for the aforementioned strength of 124 students, which strength may go upto about 160 students. Therefore, with the decreased approved intake of students, the aforesaid ::: Downloaded on - 18/12/2018 22:55:58 :::HCHP 375 number of computers and 26 laboratories as against requirement of 36 laboratories, would be more than sufficient. It is averred that an advertisement has been .
published in Amar Ujala and Divya Himachal newspapers inviting applications for filling up the deficiency of faculty members and as and when suitable candidates would apply for the same, the faculty would be appointed to meet the deficiency as pointed out by the SIT and VT. The Society has already placed orders for books on 19.6.2018 amounting to Rs.2,01,119.85 and copy of the order so placed is appended with the reply as Annexure D(c)(iv)/B. The Society has also placed an order to make good the deficiency in the library meant for the use of polytechnic students vide Annexure D(c)
(iv)/C. 483 After going through the SIT and VT reports and reply filed by the Institutions aforementioned, we are of the opinion that the Institutions have requisite infrastructural facilities to run the courses and accordingly, the Institutions are permitted to run the courses that are currently being run by them.
484 As regards the instructional deficiencies, time has already been granted to the Institutions, like the other ::: Downloaded on - 18/12/2018 22:55:58 :::HCHP 376 Institutions, to rectify the same upto the next academic session.
Dc)5: Shanti Niketan College of Pharmacy, Malther, .
Tehsil Balh, District Mandi.
485 The SIT in its progress report No.8 (pages 110118) after scrutiny of records and physical inspection of the Institution has arrived at the following conclusions: Shri Shakti Chand, the promoter President of the Society misrepresented the facts regarding transfer of land in the name of the society and executed an agreement as well as an affidavit in support of the same. However, after the recognition was granted by the AICTE on the recommendations of the SLC, Shri Shakti Chand transferred the land in the name of his mother who further sold it off to different parties. Further, an expert committee of Directorate of Technical Education, Sunder Nagar, misrepresented the facts in their inspection report dated 12.5.2005 to the effect that the society has adequate land available. The institute badly lacks in infrastructure. In view of the aforesaid facts, it can be concluded that the society committee a fraud and misrepresented to the AICTE/DTE regarding availability of land and thus dishonestly and fraudulently obtained recognition by cheating DTE/AICTE.
486 On the basis of the aforesaid conclusions, it has been prayed that: ::: Downloaded on - 18/12/2018 22:55:58 :::HCHP 377
1. a criminal case may please be ordered to be registered either by CBI or State Vigilance & Anti Corruption Bureau, Himachal Pradesh against Shri Shakti Chand and others for obtaining recognition/affiliation from .
AICTE/DTE/PCI on the basis of false information/affidavits regarding the land and built up area and other infrastructure available with the Society.
2. Since the institution lacks in infrastructure and the instructional area, and recognition & affiliation had been obtained on the basis of misrepresentations & submission of false information/documents/affidavits, directions may please be issued to AICTE/HPTSB/PCI not to extend the recognition & affiliation of this institute till the deficiency are fulfilled.
487 Thereafter, the VT under the orders of this Court inspected the Institute and in its report (pages 285322867), no significant deficiency was found.
488 Though, the Institution filed its reply (pages 3404 3473), however, we need not to refer here the averments made in the aforesaid reply as no significant deficiency was noticed by the VT. Therefore, we permit the institution to run its courses as are being run by it.
Dd)3 Shivalik Polytechnic, Badhera, Haroli, Una.
489 The SIT in its progress report No.4 (pages 7788), after scrutiny of records and physical inspection of the Institution, has arrived at the following conclusions: ::: Downloaded on - 18/12/2018 22:55:58 :::HCHP 378
1. The building for the institute had not been constructed as per the approved plan submitted to AICTE/DTE. The required infrastructure was found to be short by 1657.50 Sq. mts. There was no approach .
Road to the Institution No facilities were found for the physically handicapped persons.
2. The requirement of various administrative areas, amenities and common facilities were not available as per AICTE norms. The workshops were at a little higher altitude and there was no staircase and students were to climb on katcha path. The workshops were found covered with asbestos sheet roof and the same appeared to be temporary arrangement.
3. There had been no Boys and Girls Commons Rooms in the polytechnic. However, in the application uploaded on the web portal of AICTE it had been falsely mentioned that these common rooms were available. Besides that there was no Seminar Hall in the institution. The toilets for Boys and Girls were adjoining each other which are highly objectionable.
4. Sh. Varun Gautam, who joined as Principal of the Polytechnic on 22.9.2015 , has done B. Tech in E & C in May, 2009 M. Tech in VLSI & Design Circuit in December 2011 and had been enrolled for PhD in December, 2014. He is therefore, not qualified to be appointed as Principal as per AICTE norms.
5. As per AICTE norms the total faculty members required for the Polytechnic in the light of the sanctioned intake was 45 as against an actual strength of 16 faculty members, which included Principal and two part times. Further, in its extension ::: Downloaded on - 18/12/2018 22:55:58 :::HCHP 379 of approval for 20162017 the number of faculty members had been falsely shown as 41. The faculty members were being paid a meagre salary but the information uploaded on the AICTE Portal falsely .
showed the the faculty members were being paid as per AICTE norms.
6. There were only instructors, one for all labs and 5 for workshops as against a total requirement of 30.
7. The Polytechnic needed 30 Labs for the sanctioned courses as against which only 14 labs were available.
However, the institute had submitted false information on AICTE Portal to the effect that the institute had 21 labs.
8. The labs were not adequately equipped with instruments/apparatus for conduction the Practical Classes. Further, the labs did not have adequate facilities to carry out the experiments and majority of the available instruments were not in working condition.
9. The institute had 42 computers as against a total requirement of 150 and there was no language lab.
The internet Bandwidth was only 2 mbps as against the requirement of 32 mbps. The printer were also short in as much as 4 were available as a total requirement of 15.
10. There was an acute shortage of books in as much only 3756 volumes were available as against the requirement of 4875 in the Library. The reading room capacity was also limited to 33 students, as against the requirement of 100 students. There was no library management software and there was a shortage of ::: Downloaded on - 18/12/2018 22:55:58 :::HCHP 380 National Journals as only 3 Journals were available against a requirement of 15.
11. No training and placement Cell had been created in the institute and no Seminars, conference of Training .
programmes had been organized for the faculty right form the beginning.
12. No regular appointment letters had been issued to the faculty members and some of the faculty members who received the appointment letters did not contain the details of their salary or pay scales.
13.No Board had been displayed containing "Anti Ragging" Instructions" which was mandatory as per the orders of Hon'ble Supreme Court of India.
14. No Firstaid room or medical assistance was fond in the Institution.
490 On the basis of the aforesaid conclusions, it has been prayed that:
17. It is respectfully prayed that a criminal case my please be ordered to be registered either by CBI or State Vigilance & AnitCorruption Bureau, Himachal Pradesh against Sh. Sat Pal, Secretary of the Lord Shiva Educational Society, Sh. Varun Gautam , Principal of Shivalik Polytechnic, Village Badhera, Tehsil District, Una, concerned inspecting officials of Directorate of Technical Education, Sunder Nagar, Mandi and unknown others under the relevant provisions of Indian Penal Code and Prevention of Corruption Act, 1988 for obtaining approval as well as extension of approval on the basis of misrepresentation made by them. Thereafter, AICTE believing it to be true issued letter of ::: Downloaded on - 18/12/2018 22:55:58 :::HCHP 381 approval/extension of approval and thus got cheated in the process. The public servants involved in the inspection abused their official position giving a false & misleading report about the availability of the .
infrastructure & faculty etc. And the caused undue benefit to the institution.
18. The year wise result of students admitted to various course by Shivalik Polytechnic for the period of 2009 2015 is complied below: Year Students Students Passed appeared 2009 27 1 2010 r 107 22 2011 227 103 2012 486 128 2013 6949 53 2014 549 97 2015 441 100 The above figures would reflect that the quality of the education imparted by Shivalik Polytechnic to the students admitted to various Diploma courses was not up to the mark. Since the Shivalik Polytechnic lacks basic infrastructure to run Diploma courses, no further admission may be ordered to be allowed till all the deficiencies pointed out by the inspecting committees and SIT from time to time for various courses, are rectified. It is, therefore, further prayed that directions may please be given AICTE, New Delhi and Himachal Pradesh Takniki Shiksha Board, Dharamshala not to grant any further extension of approval/extension of ::: Downloaded on - 18/12/2018 22:55:59 :::HCHP 382 affiliation to Shivalik Polytechnic till they fullfil the minimum requirements/norms laid down by AICTE in respect of infrastructure, faculty labs workshops library and other common facilities.
.
491 The VT in compliance to the direction of this Court inspected the Institute and in its report dated 6.6.2018 (pages 29102928), though found no significant deficiencies in class rooms and laboratory infrastructure, but observed that more computers and library books are needed and the staff is less.
492 The Institution has filed an affidavit/undertaking dated 20.7.2018 (pages 59535971) submitting therein that the total approved intake for the Institute is 300 students per year.
In other words, the approved intake is 60 student per trade per year. The Institute is running courses for five trades. As against an approved intake of 300 students for 201718, only 23 students were admitted. There has been a steady decline in the number of admissions to the Institute. Even out of 23 students, 7 students left the Institute. It is averred that against the sanctioned strength of 900 students for three academic sessions, the Institute has only 73 students upto the last academic session in the entire Institute. For the current academic session 201819, a total number of 7 students have sought admission in various trades as against approved intake of 300 students and ::: Downloaded on - 18/12/2018 22:55:59 :::HCHP 383 out of 7 students, 3 students are under the category of "Fee Waiver Students" as recommended by the Director Technical Educational Board, Himachal Pradesh. The Institute has also .
advertised the vacancies in different trades in Punjab Kesari vide Annexure R No.D(d)3/B (colly). The Institute has also placed an order dated 18.6.2018 for purchase of additional library books vide Annexure R No.D(d)3/C. Lastly, it is averred that the Institute has 45 computers and these are sufficient for present strength of students.
493 The VT of the AICTE again inspected the Institute under the orders of this Court and in its report dated 5.8.2018 (pages 64336459) found the deficiencies with regard to the seminar hall, class room etc. It also noticed the deficiencies in other areas, which are reproduced hereinbelow: INFRASTRUCTURAL DEFICIENCIES IN REGARDS TO THE COMMON INSTRUCTIONAL AREAS:
1. The area of computer center is 106.59 sq.mts. against the requirement of 150 sq.mts.
2. The area of library and the language laboratory is also less and is not as per the AICTE norms.
INFRASTRUCTURAL DEFICIENCIES IN REGARDS TO THE ADMINISTRATIVE AREA:
1. Board room, central store, pantry for the staff and exam control office area not available.::: Downloaded on - 18/12/2018 22:55:59 :::HCHP
384
2. Department offices and Training and placement offices area less in areas than the required as per the AICTE norms.
INFRASTRUCTURAL DEFICIENCIES IN REGARDS TO .
THE AMENITIES AREA:
1. Girls common room, first aid and room and stationary store are not available.
2. Cafeteria and boys common room are less in area than the required as per the AICTE norms.
DEFICIENCIES IN COMPUTING FACILITIES AND LIBRARY:
1. Total number of computes available in the institute are 46 (35 in computer center and 11 and CAD Lab) against the requirement of 150 computers. The systems are not networked. No documentary proof of the purchase of systems software and applications software has been produced.
2. The institute does not have the required internal bandwith the printers (04 present against the requirement of 8).
3. Library has 297 titles and 4083 volumes of books against the requirement of 1100 titles and 5500 volumes, respectively the library does not have library management system. The reading rooms has a sitting capacity of 30 students only against the requirement of
135.
The institute has recently purchased 135 volumes of 37 titles on 30/72018.
DEFICIENCIES IN FACULTY REQUIREMENT:
1.The faculty requirement as per the AICTE norms is 45.
However, 19 faculty members total are found present. The faculty members are paid salary in the range of ::: Downloaded on - 18/12/2018 22:55:59 :::HCHP 385 rupees 60009000 per month, which is not as per the ACITE norms. The advertisement for recruiting faculty has been given by the institute in "Punjab Kesri' on 24.7.2018.
.
In response to that advertisement, 2 new faculty member (1 in civil engineering 1 in electrical) has joined the institute on 4.8.2018 on consolidated salary of rupees 6000 per month. The appointment letters issued to the newly recruited faculty members were not found in order.
2. Sh. M.R Sharma, aged 69 years, is working as the principal on consolidated salary of Rs 35,000/ per month after being after being retired as S.E (Mechanical) from HPPWD. He joined the institute on 17.8.2017. His academic qualification is diploma in Mechanical Engineering. Followed by AIME. As per the AICTE norms, he does not meet the essential qualifications for the post of principal.
494 To controvert the report of the VT of the AICTE dated 5.8.2018, the Institute filed response (pages 68656881) wherein it has reiterated its stand taken in supplementary affidavit dated 20.7.2018. In addition thereto, it is averred that there are two separate approaches to the Institute - one approach is from Badhera Bus Stand to Institute, which is fully metalled and another approach road is from Badhera School playground to the Institute, which road is also in fact an all weather road, however a small patch of about 300 mts thereof ::: Downloaded on - 18/12/2018 22:55:59 :::HCHP 386 remains to be metalled since there is a dispute between two sets of villagers.
495 The Regional Officer, North Western Region Office, .
Chandigarh, AICTE also filed a supplementary affidavit dated 29.8.2018 (pages 68826895), wherein he reiterated the deficiencies found by the VT in its report dated 5.8.2018.
496 We have gone through the reports filed the SIT and VT so also the supplementary affidavit and response filed by the Institution. Obviously, with the current intake, it cannot be doubted that the Institution is having adequate infrastructural facility and is, therefore, permitted to continue to run the courses as already being run by it.
497 As regards the instructional deficiencies, time has already been granted to the Institution, like the other Institutions, to rectify the same upto the next academic session.
Dd)4: MIT Polytechnic, Bani, Ganoh, Rajputan, Hairmpur.
498 The SIT in its progress report No.6 (pages 5460) after scrutiny of records and physical inspection of the Institution has arrived at the following conclusion: Kailash Education Society has taken a decision to progressively close the MIT Polytechnic from the academic session 201617 and they did not admit any student in the ::: Downloaded on - 18/12/2018 22:55:59 :::HCHP 387 1st year of any of the diploma course being run but it during the current session. Formal permission of AICTE for closure of this Polytechnic is awaited through Directorate of Technical Education,H.P. and HPSTB have given NOC for .
its closure.
499 On the basis of the aforesaid conclusions, it has been prayed that a criminal case be ordered to be registered either by CBI or State Vigilance & Anti Corruption Bureau, Himachal Pradesh against Shri Vinod Thakur, President of Kailash Education SocietycumPrincipal, MIT Polytechnic and unknown others for obtaining extension of approval from AICTE on the basis of misrepresentation/false information regarding infrastructural and instructional facilities available with the Polytechnic.
500 The VT in compliance to the direction of this Court inspected the Institute and in its report dated 5.6.2018 (pages 29302955) observed as under: On the day of inspection, it was found that the buildings and infrastructure to be inspected for polytechnic programs is being utilized for running a school.
The Institute has submitted a letter Ref. No. EDNH(21) A(1) P.S.03/2017NOC dated 26th Feb. 2018, issued by Directorate of Higher Education, Himachal Pradesh regarding grant of permission to run/establish a private educational institution (Woods Park School, Hamirpur, Bani).
::: Downloaded on - 18/12/2018 22:55:59 :::HCHP388 501 There is one more report available at pages 6667 6715, wherein it is pointed out that the Chairman of the Institution has given an undertaking that MIT Polytechnic has .
been closed down from the academic session 201617. At present, no student is studying in MIT Polytechnic and all its resources including building, computers, laboratory equipments and books in the library are being utilized by MIT College of Engineering and Management (MIT CEM). Therefore, in this background,we need not to refer to the supplementary affidavit filed by the Institution available at pages No. 69526994 and accordingly, no action is required to be taken against this Institution.
Ea)1: Kshatriya College of Education, Village Kutsain, Tehsil Indora, District Kangra, H.P. 502 The SIT in its progress report No.9 (pages 1725) after scrutiny of records and physical inspection of this Institute has arrived at the following conclusions:
The Society was not in possession of any land either in its own name or in the name of the KCE when recognition was granted by NCTE in utter violation of its own norms. The land belonged to one of the members of the society which was transferred in the name of the society in the end of 2009 only.::: Downloaded on - 18/12/2018 22:55:59 :::HCHP
389 The Institute totally lacks in infrastructural and instructional facilities for running two separate courses that is B.Ed. and D.El.Ed. The infrastructure of the KCE is suitable to run only one basic unit of .
B.Ed. course after compliance of deficiencies by the College.
503 On the basis of the aforesaid conclusions,it has been prayed that: Since the institution lacks in infrastructural and instructional facilities directions may please be issued to NCTE and HP Board of Secondary Education not to allow any further admissions in this College to D.El.Ed course till the deficiencies were removed. Even admissions to B.Ed. course may also be allowed by NCTE and HPU only after compliance of the deficiencies pointed out during inspection.
Directions may also be issued to NCTE as well as HP University to take suitable action against the persons/officials who had inspected this Institute for grant of recognition for D.El.Ed course as they had intentionally concealed material facts about the inadequacy of infrastructural facilities which lead to recognition of D.El.Ed course in KCE.
504 The VT in compliance to the direction of this Court visited the Institute on 13.6.2018 (pages 40254029), and pointed out that as per BCC dated 14.5.2015, the institution is having 2073.87 sq. mts. built up area which is inadequate as per provisions of NCTE Regulations, 2014 which provides 3000 sq. ::: Downloaded on - 18/12/2018 22:56:00 :::HCHP 390 mts. of built up area for running of one unit of B.Ed. & one unit of D.El.Ed. Programme. Hence, the deficiency in terms of the built up area by the Institution has not been removed. Apart .
from that, it is pointed out that online journals are not available in the library, curriculum lab is very small, the faculty has not been approved by the affiliating university and salary paid to the staff is very less.
505 The Institution has controverted the report by filing an affidavit/undertaking (pages 63076308), wherein it is stated that as regards requirement of 3000 sq.mts. of built up area, the society has constructed one multipurpose hall measuring more than 2000 sq. ft. It is further averred that the deficiencies qua seminar hall and multipurpose hall have been removed. The area of library has been increased to more than 1000 sq. feet. The deficiency with regard to laboratory has been removed by purchasing 30 numbers of computers, equipments and objection of SIT with regard to curriculum lab has been met out. Lastly, it is averred that the Institution has appointed one Principal and 15 Assistant Professors and has requested the H.P. University to approve the faculty members as they fulfill the requirements as per the norms of NCTE and H.P. University. Mr. Shatrujeet Singh, Chairman of the Society, has undertaken to give salary to the staff as per the directions so issued by this Court.
::: Downloaded on - 18/12/2018 22:56:00 :::HCHP391 506 In light of the affidavit filed by the Institution, we have no doubt in our mind that the institution has removed all the deficiencies as pointed out by the SIT and VT of the AICTE, .
therefore, the Institute is permitted to run the courses as were being run by it.
Ea)2: Tara College of Education, Basa, Waziran, Tehsil Nurpur, District Kangra, H.P. 507 The SIT in its progress report No.9 (pages 2633) after scrutiny of records and physical inspection of this Institute has found that the Institution totally lacks in infrastructural facilities. The height of the roof in some of the rooms was found less than 8 feet as also unit for a college building. The institution also lacks in various instructional facilities.
508 On the basis of the aforesaid conclusions,it has been prayed that: Since the institution lacks in infrastructural and instructional facilities directions may please be issued to NCTE/HPU not to allow any further admissions in this college till the deficiencies were removed.
Directions may also be issued to NCTE as well as HP University to take suitable action against the persons/officials who had inspected this Institute and concealed material facts about the infrastructural facilities which lead to recognition and affiliation of TCE.
::: Downloaded on - 18/12/2018 22:56:00 :::HCHP392 The matter regarding bogus letters purportedly issued by the office of Secretary (Education)/Directorate of Education, Govt. of H.P. to NCTE with the recommendations not to grant recognition which resulted .
in an inordinate delay at the end of NCTE to take a decision in the matter and that too after the intervention of this Court may be investigated by the CBI or the State Police.
509 The Institution initially filed its replyaffidavit (pages 13941399), wherein it was averred that after inspection by the SIT, the Institution has renovated the unfinished area measuring 294.18 sq. mts. The Institution has purchased furniture for seminar hall, placed proper dais in multipurpose hall, purchased more titled books as per requirement in library.
Area of library has been increased from 995 sq. ft to 1000 sq. ft..
As regards the Institution, curriculum lab does not fulfill NCTE norms, 2014 and ICT Resources Centre and Art & Craft Resource Centre, it is averred that the Institution is having all material, equipments and all facilities as per NCTE Regulations, 2014. In addition thereto, the Institution has purchased all musical instruments as required i.e. Amplifier, Tabla, Dholak, Sound Box, Harmonium, Flute. As regards instructional deficiencies, it is averred that the Institution is having seven faculty members including officiating Principal. It has advertised time to time in daily newspaper for various posts, but no ::: Downloaded on - 18/12/2018 22:56:00 :::HCHP 393 application from eligible candidates has been received till date.
The institution is deducting EPF of its Class IV employees as per rules. The Institution has appointed a Labirarian having marks .
above 55% in B.Lib course and for appointment of Lab Assistant and Technical Assistant, the Institution is searching for eligible candidates and as and when qualified and eligible candidates are found, they would be appointed.
510 We need not to delve into the aforesaid reply affidavit as the Institution was got inspected by the VT of the AICTE on 11.6.2018 under the orders of this Court and in its report (pages 40304035), it has pointed out that as per C.D., some of the rooms of the institution are covered with unfinished tin roof top, the institution has not enclosed the copy of association register for checking the titles of the books, curriculum lab, ICT Resources Centre and Art & Craft Resource Centre is not equipped with requirement equipments. Lastly, it was pointed out that as per the NCTE norms, the Institution has not appointed the eligible faculty and required number of faculty and the faculty so appointed has not been approved by the affiliating university. No technical assistant has been appointed.
The salary to the teachers though is being given through cheques, however the salary is not paid as UGC pay scale.
::: Downloaded on - 18/12/2018 22:56:00 :::HCHP394 511 The Institution has controverted the report by filing an affidavit/undertaking (pages 63646366), wherein it is stated that as regards deficiency related to unfinished tin roof top, .
register for checking the titles of the books, curriculum lab ICT Resource Centre and Art & Craft Resource Centre, the Institution has undertaken to finish tin roof top if required before next session. The register for checking the titles of the books is available with the Institution. The Institution is taking all possible steps for recruitment of proper staff as per NCTE norms and has given advertisements in Amar Ujala newspaper on 29.4.2018 and in The Tribune on 2.5.2018. It is further averred that the H.P. University has constituted a selection committee for recruitment of faculty in the month of June 2018, but qualified persons are not coming forward as there is a genuine paucity of UGC/NET qualified candidates. The Institution is making genuine endeavour to recruit faculty as per existing norms and undertakes to remove the deficiency with regard to faculty as soon as suitable and qualified staff as per norms is available.
512 We are of the opinion that the Institution has requisite infrastructural facilities to run the courses and accordingly, report submitted by the SIT is set aside and the ::: Downloaded on - 18/12/2018 22:56:00 :::HCHP 395 Institution is permitted to run the courses that are currently being run by it.
513 As regards the instructional deficiencies, time .
has already been granted to the Institution, like the other Institutions, to rectify the same upto the next academic session.
Ea)3: Vaishno College of Education, Village Thapkour, Tehsil Nurpur, District Kangra, H.P. 514 The SIT in its progress report No.9 (pages 3442) after scrutiny of records and physical inspection of this Institute has found that the Institution totally lacks in infrastructural and instructional facilities and is unfit for recognition to conduct M.Ed. Course as well as three extra basic units of B.Ed. course in its existing facilities. The Institution had been shifted to new building, which is still under construction, since 201011 without permission of the NCTE.
515 On the basis of the aforesaid conclusions,it has been prayed that: Since the institution lacks in infrastructural and instructional area to cater to the sanctioned strength of four basic units of B.Ed. course and M.Ed. course, directions may please be issued to NCTE/HPU to cancel ::: Downloaded on - 18/12/2018 22:56:00 :::HCHP 396 the recognition & affiliation of VCE in respect of M.Ed. course and three basic units of B.Ed. course till necessary infrastructure was established and instructional facilities provided as per NCTE norms.
.
Directions may also be issued to Revenue Department of Govt. of Himachal Pradesh through the Chief Secretary, Govt. of H.P. to cause an enquiry to be conducted as to how land was registered in the name of the society without obtaining permission under Section 118(2) of the H.P. Tenancy and Land Reforms act, 1972.
516The Institution initially filed its replyobjections (pages 19912049), wherein it was averred that as against requirement of 4000 sq. mts. of land area as pointed out by the SIT, since the Institution was established prior to NCTE Regulations 2014, therefore, the total land required is only 3000 sq. mts. as per NCTE Regulations, 2014 and the SIT has wrongly mentioned in its report requirement of 4000 sq. mts. of land area. It is averred that SIT has wrongly used words "under construction" rather, the floor has already been constructed,but could not be furnished properly for the reason that there is a low admission of students during the past 34 years, which fact is also evident from the SIT report which specifically provides that at present there are 87 (52 first year students plus 35 second year students) in B.Ed. course and 26 in first year plus 2 in second year in M.Ed. course. Total strength of college is 115 ::: Downloaded on - 18/12/2018 22:56:00 :::HCHP 397 students against the total sanctioned strength of 400 (200 for B.Ed. in first year plus 200 for B.Ed. in second year) and 100 (50 for the first year M.Ed. and 50 for the second year M.Ed.) .
totaling 500. It is averred that if the two floors which the SIT considered as under construction is included in the entire infrastructure the total area comes to 3747 sq. mts. against required 3000 square meters as per regulations. It is averred that Sh. Ranjeet Singh, who is founder President of the Society, is having a very big chunk of land in the area where the Institution is situated and total land in the name of Sh. Ranjeet Singh including that coming under the institution is around 6 hectares. Therefore, there is no scarcity of land with Sh. Ranjeet Singh. It is submitted that the institution has already furnished 3rd floor of the building and in the same floor a multipurpose hall with an area of 2222 sq.feet has been furnished with all facilities as required under norms. The boys common room, class rooms, store rooms and staff toilet and visitors rooms have been provided with modern facilities on the second and third floors of the building, which have not been fully furnished. Minor objections regarding library and laboratory have been removed. It is averred that Dr. Surekha Devi, who is working as Principal, is fully qualified. The teachers have been appointed as per present strength of students in the B.Ed. and ::: Downloaded on - 18/12/2018 22:56:01 :::HCHP 398 M.Ed. courses. The strength of college as per the requirement of NCTE is more than enough for the existing number of students admitted to the college. The Institution is paying salary to the .
staff as per their eligibility and further PF is being deducted and deposited with the EPF organization. As regards objection of shifting of college to new building, which is under construction, it is averred that on the web portal of NCTE, the Institution has specifically mentioned the Khasra numbers i.e. 93 and 95 on which the institution is situated and the same is in the knowledge of NCTE and till date no objection has been raised by the NCTE against the shifting of the institution to new building which is having more modern facilities than the old one. It is further averred that there is no violation of provisions of Section 118(2) of H.P. Tenancy and Land Reforms Act because the President and most of the members of the society are agriculturists of the State and land belongs to them. An inquiry in this regard is already in progress before the Deputy Commissioner, Kangra, and the institution has explained each and everything in that inquiry in its reply.
517 The Institution was got inspected by the VT on 12.6.2018 under the orders of this Court and in its report (pages 40364042), it has been pointed out that the building plan submitted by the Institution does not bear important details viz ::: Downloaded on - 18/12/2018 22:56:01 :::HCHP 399 plot number, total area etc. Building completion certificate has not been submitted. Land documents are not completely legible.
The plot mentioned in the land documents and land use .
certificate do not match. As per CD available, multipurpose hall does not have proper dais and public address system. Six rooms were shown as against requirement of 10 class room and only one store room as against requirement of two store rooms. The CD does not show the staff toilet and visitors rooms. As per NCTE norms, the faculty is not appointed on regular basis and the nonteaching staff is also not appointed on regular basis and the salary is not being paid as per UGC pay scale and there is no record shown for deduction of EPF/PF of the staffs.
518 The Institute(s) has filed an application (CMP No. 7351/2018) (pages 61086113) for placing on record the additional material, wherein it is averred that since no permission under Section 118(2) of the H.P. Tenancy and Land Reforms Act, 1972 was earlier obtained by the Society, as such, the society has applied for the same to the Deputy Commissioner Kangra, who vide letter No. 249/Bhu.Su.Sha. Dated 19.3.2011 recommended the case of the society for permission under Section 118(2) of H.P. Tenancy and Land Reforms Act, 1972.
519 After going through the replyobjections aforementioned so also the contents of CMP No. 7351/2018, ::: Downloaded on - 18/12/2018 22:56:01 :::HCHP 400 we are of the opinion that the Institution has requisite infrastructural facilities to run the courses and accordingly, the Institution is permitted to run the courses that are .
currently being run by it.
520 As regards the instructional deficiencies, time has already been granted to the Institution, like the other Institutions, to rectify the same upto the next academic session.
Fa)1: Sharan College of Education for Women
(D.El.Ed.) VPO Gurghari Kangra.
521 The SIT in its progress report No.9 (pages 107
115) after scrutiny of records and physical inspection of this Institute has found that the approval of the NCTE has been obtained fraudulently as no building has been found constructed on the land shown in the name of the society.
There is an acute shortage of infrastructural and instructional facilities.
522 On the basis of the aforesaid conclusions,it has been prayed that: A criminal case may please be ordered to be registered either by CBI or State Vigilance & Anti Corruption Bureau, Himachal Pradesh against Sh. H.K. Chaand and others for obtaining recognition/affiliation from NCTE/HPU/HP Board of Secondary Education on the basis of false ::: Downloaded on - 18/12/2018 22:56:01 :::HCHP 401 information/affidavits regarding the land and built up area and other infrastructure available with the society.
Since the institution lacks in infrastructure and the instructional area and recognition & affiliation had been .
obtained on the basis of misrepresentation and submission of false information/documents/affidavits, directions may please be issued to NCTE, HPU and HP Board of Secondary Education not to allow any further admissions.
523 The Institution has filed its reply to the report submitted by the SIT (pages 32293339), wherein it is averred that the Institution is running under the aegis of Northern International Educational and Research Centre and the NIERC Society has taken land on lease from Sh. H.K. Chaand Saini vide lease deed executed and registered on 28.11.2002 for 6954 sq. mts. of land comprising in Khasra Nos. 1001/307, 1151/309, 310, 1154/314, 1156/315 and from Anshul Saini vide lease deed executed and registered on 28.11.2002 for 4408 sq. mts. of land comprising in Khasra Nos. 311, 313, 1217/319, 320, 1157/315, 1152/309, 1153/309, 1155/314 in Mohal and Mauza Ghurkari, Tehsil and District Shimla. Both the lease deeds were initially for 35 years, however later on the same were extended for a period of 99 years. It is averred that the SIT while making observation in this report has failed to take into consideration the revenue records in its true perspective as the land coming under possession of the Institution has still not ::: Downloaded on - 18/12/2018 22:56:01 :::HCHP 402 been partitioned as the same is jointly owned by five cosharers being the brothers, but each cosharer is having his own defined possession over the land. As regards requirement of permission .
under Section 118 of H.P. Tenancy and Land Reforms Act, it is averred that since all the members of the NIERC society are bona fide Himachalis and were having agriculture certificate, therefore, neither the SubRegistrar nor any other authority ever persuaded the society to take permission under Section 118 of the H.P. Tenancy and land Reforms Act at the time of transfer of land in the name of the society and or at the time of the lease of the land nor till date, the State Government has asked the society to take such permission. It is further averred that all the deficiencies as pointed out by the SIT have been removed.
524 We need not to delve into the aforesaid reply affidavit as the Institution was got inspected by the VT on 11.6.2018 under the orders of this Court and in its report (pages 39513955), it has pointed out that the document retarding permission under Section 118(2) of the H.P. Tenancy and Land Reforms Act for purchase of land in the name of the society was not submitted. It was also not clear that the building is constructed on the land shown in jamabandi. The building completion certificate has not been submitted by the Institution in support of the building completion. There is yet another ::: Downloaded on - 18/12/2018 22:56:01 :::HCHP 403 report of the VT i available on record (pages 30723078), wherein no instructional or infrastructural deficiencies were found.
525 In view of above, we permit the Institution to run .
the courses, as are being run by it.
Fa)2: R.C. College of Education (B.Ed.), Dhanot, Tehsil Jawalamukhi,District Kangra.
Fa)3: R.C. College of Education (D.El.Ed.), Dhanot, Tehsil Jawalamukhi,District Kangra.
526The SIT in its progress report No.9 (pages 8591) after scrutiny of records and physical inspection of these Institutes has noticed various deficiencies in infrastructural as well as instructional facilities. On the basis of such findings, it has been prayed that
1. Since the Institution lacks in infrastructure and the instructional area, directions may please be issued to NCTE/HPU/H.P. Board of Secondary Education not to allow any further admissions either in B.Ed. or D.El.Ed course till these deficiencies are removed by the R.C. College of Education/Society.
2. Directions be issued to Revenue Department of Government of Himachal Pradesh through the Chief Secretary, Government of Himachal Pradesh, to cause an enquiry to be conducted as to how land/lease was registered in the name of the society without obtaining permission under Section 118(2) of the H.P. Tenancy and Land Reforms Act, 1972.
::: Downloaded on - 18/12/2018 22:56:01 :::HCHP404 527 The Institution, in turn, has filed its reply submissions (11761227), wherein all the objections raised .
by the SIT have been controverted. It is averred that the discrepancies as raised by SIT, have partly been rectified and reported to Member Secretary NCTE and the latter has accepted the said affidavit and has directed for admitting students in B.Ed. course for academic session 20172019. To meet the discrepancy of built up area and size of the multipurpose hall, the construction is being carried out. In the multipurpose hall, the public address system and furniture have already been provided. In library, the requisite area has already been met with by attaching one reading room of 59 sq. mts. More books have been purchased for library vide order of bills annexed as Annexures R77/G and Annexure R77/H. More online and offline journals have been purchased vide bills annexed as Annexure R77/J. Art and Craft Resource Centre has been strengthened with more equipments. In the chemistry lab, tables with sinks have been provided. Requisite number of faculty members have been appointed and advertisements for selection through properly constituted selection committee have been issued on 8.3.2018 and 10.3.2018. The lease deed ::: Downloaded on - 18/12/2018 22:56:01 :::HCHP 405 of land in favour of the Institution has been registered with the Tehsil Office and no requirement of seeking permission under Section 118 of H.P. Tenancy and Land Reforms Act .
was made by the registration authority.
528 The VT in compliance to the directions of this Court visited the Institution on 13.6.2018 and filed its report (pages 30803081), wherein it was observed that the multipurpose hall was without public address system and furniture and smaller by 386 sq. ft. than the norms. The library was having an area of about 844.66 sq. ft. being shared with D.El.Ed. Course, sitting capacity was 56 and it has 5178 books as per accession register. No on line journals and CDROMs were available. Chemistry Lab was also not up to the mark. There were no proper tables with sinks for demonstration purposes and Art & Craft Centre was not having adequate equipment.
529 There is yet another report of the VT available on record (pages 40434049), wherein it was noticed that the building is under construction on second piece of land (on lease) basis, which is 50 mts. away from the existing building, whereas as per the regulations, the building should be on one piece of land as per the required builtup area i.e. 3000 sq. mts for running the Institution in a ::: Downloaded on - 18/12/2018 22:56:02 :::HCHP 406 composite manner i.e. B.Ed. and D.El. Ed. Courses. The total built up area is not indicated on the submitted plan.
Also, the building completion certificate issued by the .
government competent authority was not submitted. The college has appointed the faculty on part time basis and the salary is not being paid as per the UGC/State Govt. scales.
EPF/PF is also not being deducted from the salary of the faculty/staff. Nonteaching staff including Peon has not been appointed. r 530 The Institution has filed its affidavit (6478 6479) wherein all the objections raised by the SIT and VT have been controverted pointwise. It is averred that the Society is running one unit of B.Ed. and one unit of D.El.Ed.
and as per NCTE norms, where an Institute runs one unit of B.Ed. and one Unit of D.El.Ed. The Institute should possess 3000 sq. mts. of built up area, which is highly unreasonable and unjust. Though the area which the society possesses is sufficient, but still the society has started with the construction in order to meet the requirement of NCTE norms, which also finds mention in the report of the NCTE.
The deficiencies of multipurpose hall, library and chemistry lab as per the NCTE norms have been removed. The society has appointed the requisite number of teaching faculty on ::: Downloaded on - 18/12/2018 22:56:02 :::HCHP 407 regular basis as per the norms of NCTE and has written to the University for the purpose of approval.
531 After going through the reply and .
affidavit/undertaking aforementioned, we are of the opinion that the Institution has requisite infrastructural facilities to run the courses and accordingly, the Institution is permitted to run the courses that are currently being run by it.
532 As regards the instructional deficiencies, time has already been granted to the Institution, like the other Institutions, to rectify the same upto the next academic session.
Fb)1 Vaishno College of Engineering, Village Thapkour, Tehsil Nurpur, District Kangra. 533 The SIT in its progress report No.9 (pages 6371) after scrutiny of records and physical inspection of this Institute has arrived at the following conclusions: The Society had obtained approval of AICTE by misrepresentation of facts about ownership of land. The same piece of land was also included in the application for approval of B. Tech courses from AICTE which had earlier had been shown for obtaining approval of B.Ed courses from NCTE. The total land area was fraudulently shown as 10 acres whereas the society was in possession of about 7 acres of land. The information uploaded on AICTE portal for obtaining ::: Downloaded on - 18/12/2018 22:56:02 :::HCHP 408 approval for additional course, increase in annual intake and extension of approval was found to be false.
The local revenue authorities (the then Sub Registrar, .
Nurpur) committed grave irregularities and violation of Section 118 (2) of the HP Tenancy & Land Reforms Act, 1972 by way of registration of land in the name of the Society without the permission to be obtained by the Society under the said Section118(2) from Govt of H.P. The then Halka Patwari issued false certificate about ownership of land in Acres by the Society certifying that the land owned by the Society was 10 Acres, 1 Kanal and 7 Marlas whereas it was 7.1 Acres only.
534 On the basis of the aforesaid conclusions,it has been prayed that: a criminal case may please be ordered to be registered either by CBI or State Vigilance & AntiCorruption Bureau, Himachal Pradesh against Sh. Ranjit Singh Pathania and others for obtaining recognition from AICTE on the basis of false information/affidavits regarding the ownership of land.
since the institution lacks in infrastructure and the instructional area and recognition & affiliation had been obtained on the basis of misrepresentations & submission of false information/documents/affidavits, directions may please be issued to AICTE/HPTU to cancel the recognition & affiliation of Vaishno College of Engineering.
directions may kindly be issued to the Secretary (Revenue), Govt, of H.P. through the Chief Secretary, Govt. of H.P. to ::: Downloaded on - 18/12/2018 22:56:02 :::HCHP 409 take appropriate action against the then SubRegistrar, Nurpur for registering the land in favour of the Society without any permission under Section 118 (2) of the Tenancy and Land Reforms Act, 1972 and the then Halka .
Patwari Sh. Dhyan Singh for having issued a false land ownership certificate in favour of the Society in Acres. The land registered in the name of the Society also be ordered to be cancelled by the Revenue Authorities.
535 The Institution initially filed its reply (pages 1991 2049), wherein it controverted all the objections noticed by the SIT. We need not to refer here the averments made in the aforesaid reply as the Institution was got inspected by the VT on 5.6.2018 under the orders of this Court and in its report (pages 29562980), no significant deficiency was found by the VT.
536 The Institution was again got inspected by the VT on 12.6.2018 under the orders of this Court and in its report, following deficiencies were noticed:
1. The building plan submitted by the Institution do not bear important details viz. Plot number, total land built up area etc.
2. No building completion certificate was submitted by the Institution which is an authentic document to verify built up area as per provisions of NCTE Regulations, 2014.
3. Land documents submitted are not completely legible. Moreover, the plot number mentioned in the land documents and land use certificate are not matching.::: Downloaded on - 18/12/2018 22:56:02 :::HCHP
410 537 Mr. Rajeev Singh Pathania, President, Mata Vaishno Devi Educational Society, has filed a supplementary affidavit (pages 61146127) controverting therein the deficiencies .
found by the VT. It is averred that the Institution had submitted each and every document with all relevant details to the VT, which have also been annexed with the supplementary affidavit as Annexure R70/7, which would go to show that there is no difference of plot/Khasra numbers. The Institution has shown each and every document to the VT to establish that the Institution has dais and public address system in the multipurpose hall and has also shown all rooms, toilets and storerooms to the VT, which have been verified by the VT.
Lastly, it is averred that each and every number of the staff, whether teaching or nonteaching, has been appointed on regular basis.
538 The Institute has also filed an application (CMP No. 7351/2018) (pages 61086113) for placing on record the additional material, wherein it is averred that since no permission under Section 118(2) of the H.P. Tenancy and Land Reforms Act, 1972 was earlier obtained by the Society, as such, the society has applied for the same to the Deputy Commissioner Kangra, who vide letter No. 249/Bhu.Su.Sha.
Dated 19.3.2011, recommended the case of the society for ::: Downloaded on - 18/12/2018 22:56:02 :::HCHP 411 permission under Section 1182) of H.P. Tenancy and Land Reforms Act, 1972.
539 After going through the replyobjections .
aforementioned so also the contents of CMP No. 7351/2018, we are of the opinion that the Institution has requisite infrastructural facilities to run the courses and accordingly, the Institution is permitted to run the courses that are currently being run by it.
540 As regards the instructional deficiencies, time has already been granted to the Institution, like the other Institutions, to rectify the same upto the next academic session.
Fb) 1: Doon International College of Education, Rajban, Paonta Sahib, Sirmour.
541 The SIT in its progress report No.7 (pages 7381) after scrutiny of records and physical inspection of this Institute has arrived at the following conclusions:
1. The seven acres of land on which the Primary School and the B.Ed College exist, had been given on lease on 20.4.2004 to Doon Valley International Educational Society stands in the name of Director of Industries, Govt. of H.P. in revenue records. In view of this position, it is not understood as to how the CCI leased the said land and the building erected thereon to the ::: Downloaded on - 18/12/2018 22:56:02 :::HCHP 412 aforesaid Society without having any ownership or lease rights over the said land & building.
2. The Society had taken the land & building on lease basis for a period of 30 years on a nominal rent of Rs .
10000/ per annum( without any future increase) to run an English medium Senior Secondary School. However, the Society did not have the mandate to run a B.Ed College from the said land & building. It appears that land & building leased out to the Society was misused to set up a B.Ed College in the said building. The Society did not disclose this fact to the NCTE in their application.
3. Sh. G.S. Brar had given a false affidavit to the NCTE that the Society had a built up area of 4047 sq. mtrs as against an actual built up area of 2507.39 sq. mtrs.
4. The institution lacks in infrastructure as there was no multi purpose hall, Boys/Girls Common Room and even the labs had not been equipped as per NCTE norms and a primary school was being run from the same premises which reduced the actual space available to the College.
There was no provision for safe drinking water and the institute also lacks in various other infrastructural facilities.
5. There was no regular Principal and there is shortage of 6 faculty members. The officiating Principal Dr. Vinod Kumar had reportedly done his Ph.D from the controversial CMJ University, Shillong. None of the faculty member was approved by the HP University except the Principal who is approved as Assistant Professor.
::: Downloaded on - 18/12/2018 22:56:02 :::HCHP413 542 On the basis of the aforesaid conclusions,it has been prayed that:
1. a criminal case may please be ordered to be registered .
either by CBI or State Vigilance & Anit Corruption Bureau, Himachal Pradesh against Sh. G.S. Brar and others for obtaining recognition from NCTE on the basis of false information/affidavits regarding the land and built up are and other infrastructure available with the Society.
2. Since the institution lacks in infrastructure and the instructional area and recognition had been obtained on the basis of misrepresentation & submission of false information/ documents/affidavits, directions may please be issued to NCTE/HPU to cancel the recognition & affiliation of the College.
3. The so called 30 years lease executed by Cement Corporation of India may please be ordered to be cancelled after the present session is completed.
Directions may also be issued to the Director of Industries, Govt. of Himachal Pradesh who is the owner of the land in question, as per the revenue records, to determine the status of 7 acres of land in question and take further necessary action as per law for cancellation of the lease and reclamation of the land. 543 The Institution initially filed its reply (pages 1862 1931), wherein it is averred that the discrepancies raised by SIT have partly been rectified. The Institution has appointed one Principal and seven Assistant Professors. For making regular appointment, advertisements have been issued in daily ::: Downloaded on - 18/12/2018 22:56:03 :::HCHP 414 newspapers. Request for constituting selection committee by the Himachal Pradesh University has been made. For increase of number of journals, orders have been placed to the concerned .
quarters. More books have been purchased. The Institution has obtained the building on lease from Cement Corporation of India.
Permission to start higher educational courses in the leased land was also obtained from Department of Industries. The multipurpose hall as constructed by the Cement Corporation of India is being used having capacity of more than 200 persons. It is further averred that the SIT has ignored to take into account the entire infrastructure available with the Institution for running B.Ed. course. The Institution has more than 1500 sq. mts of constructed area. The area mentioned in the affidavit of Mr. G.S. Brar was an error, since the measurement was not done by a qualified person. There was no intention to take any advantage by showing more area, as the required area was already available with the Institution. The Institution has got sufficient infrastructure for running B.Ed. course and all labs have been set up. The area of the library has also been increased by shifting the same to another hall. Boys and Girls common rooms have also been set up. All the labs, library and other infrastructure are fully equipped and have further been strengthened with equipments and materials.
::: Downloaded on - 18/12/2018 22:56:03 :::HCHP415 544 The Chairman of the Institution, namely, Mr. Avneet Singh Brar, filed a supplementary affidavit (pages 44384379), wherein it is averred that the Institution is having built up area .
of 2461.11 sq. mts. for B.Ed. course against the requirement of 1500 sq.mts as is evident from the certificate issued by the Architect, annexed with the reply as Annexure R45A. Steps for selection of the faculty members have been taken and selection committee has also been constituted and the interviews are going to be fixed with the consent of the nominees of the University. The needful will be done before the commencement of ensuing academic session. Water purifier has been installed.
More books, journals and equipments have been purchased.
The Institution has undertaken to pay the salary to the faculty in the B.ed. course @ Rs.21600/ per month w.e.f. August 2018 and for the Principal @ Rs.37,400/ per month respectively.
545 Yet another supplementary affidavit was filed by the Chairman of the Institution (pages 58325836), reiterating therein that the institution is having built up area of 2461.11 sq. mts.
546 After going through the reply and supplementary affidavits aforementioned, we are of the opinion that the Institution has requisite infrastructural ::: Downloaded on - 18/12/2018 22:56:03 :::HCHP 416 facilities to run the courses and accordingly, the Institution is permitted to run the courses that are currently being run by it.
.
547 As regards the instructional deficiencies, time has already been granted to the Institution, like the other Institutions, to rectify the same upto the next academic session.
Fb)2: SIRDA Institute of Engineering and Technology, Kanaid, Sundernagar, Mandi. 548 The SIT in its progress report No.8 (pages 3746) after scrutiny of records and physical inspection of this Institute has found that the society has obtained approval to start only Women's Engineering Institute and its subsequent conversion to coed. institute on the basis of misrepresentation of facts leading to land owned by it, the society was not eligible to start the engineering institute as it was not having adequate land in its possession as per norms prescribed by AICTE.
549 On the basis of the aforesaid conclusions, it has been prayed that:
1. a criminal case may please be ordered to be registered either by CBI or State Vigilance & Anit Corruption Bureau, Himachal Pradesh against Sh. Nikk Ram ::: Downloaded on - 18/12/2018 22:56:03 :::HCHP 417 Chaudhary and others for obtaining recognition/affiliation from AICTE/HPU/HPTU on the basis of false information/affidavits regarding the land , built up area and other infrastructural and instructional .
facilities available with the Society.
2. Since the institution lacks in infrastructure and the instructional area and recognition & affiliation had been obtained on the basis of misrepresentation & submission of false information/affidavits, directions may please be issued to AICTE/HPTU not to allow any further admissions and to cancel the recognition & affiliation of SIRDA Institute of Engineering Technology after the present batch pass out.
3.The Principal Secretary (Revenue), Govt. of H.P. may be directed to withdraw the permission granted u/s 118(2) of the H.P. Land and Tenancy Reforms Act, 1972 on 24.6.2011 for 370513 bighas of land as the society had violated terms and conditions of the said permission by not using the land for the purpose for which permission had been accorded,within the stipulated period. Further, proceedings to recover the land as per provisions of the said Act and Rules framed thereunder should be initiated by the Department of Revenue,Govt. of H.P. 550 The Institution was got inspected by the VT under the orders of this Court and in its report (pages 56715703), following deficiencies were noticed:
1. Original land documents and khasra plans were not presented.::: Downloaded on - 18/12/2018 22:56:03 :::HCHP
418
2. Land conversion certificate in original was not presented.
3. Approved building plans were not accepted.
4. Occupation certificate was not accepted.
.
5. The SIRDA Institute of Engineering & Technology, SIRDA Polytechnic and SIRDA DPharmacy are running in the same campus and same building without any physical partitions under the name of SIRDA Group of Institutions. Separate tones of the building are used for separate courses but all are interconnected.
6. Only 17 class rooms are available for UG instead of required 29 as per norms.
7. Only 27 labs are available for UG instead of required 48 as per norms.
8. Only 4 class rooms for PG are available instead of required 6 as per norms.
9. Seminar halls are not available but, construction of a Hall is complete which is sufficient to accommodate 3Seminar halls, but partitions and furniture is still not available.
10. Computer Center, Language lab, First AID room, training & placement office, Research labs are not available.
11. Areas of 12 labs, 5 class rooms, library, Exam Control Office, Boys common room, Girls common room, (available) are found to be less than required as per AICTE norms.
12. Fire NOC was not available.
13. Construction of all weather approach road is still going on.
::: Downloaded on - 18/12/2018 22:56:03 :::HCHP419
14. Approved building plans for the new construction were not presented.
15. It is worth mentioning here that lot of new construction work is going on but, since the work .
was not complete the same has not been considered.
16. Workshops, various labs, library and various other infrastructural facilities are shared with SIRDA Polytechnic.
551 The Institution filed its reply (pages 60826107) wherein it controverted the report submitted by the SIT and VT pointwise, which reads as follow: I. INSTRUCTIONAL That the infrastructural deficiencies/defects as stated are wrong and denied. It is humbly submitted that the Special Investigation Team report wrongly states that the society has misrepresented and concealed material facts from the AICTE about the exact position of the land while obtaining initial approval and at the time of conversion to CoEducational Institute. In this regard it is submitted that the Society had specifically mentioned in its initial application for approval, the distance between the two pieces of land to be 1.00 km. Gthe distance given in fact was revenue distance which was duly considered by the Expert Visiting Committee, Scrutiny Committee, Regional Recommendation Committee, Standing Hearing Committee and AICTE, whereafter the society was accorded sanction to run the respondent College vide communication dated 30.06.2009 only after it duly fulfilled the requisite conditions with regard to the availability of land to run ::: Downloaded on - 18/12/2018 22:56:03 :::HCHP 420 the Engineering College. Likewise at the time of conversion the Society had specifically mentioned in its communications for approval dated 21.1.2010, Annexure RA, the distance between the two pieces of land to be 10 .
kms. However the permission for conversion was initially declined on which CWP No. 6351 of 2011 had to be filed before the Hon'ble High Court of H.P. The said CWP was disposed of vide orders dated 6.9.2012, Annexure RB as the AICTE accorded approval vide communication dated 19.6.2012. Thereafter vide order dated 10.4.2017 the AICTE declined the application for extension of approval for academic Session 20172018 on which CWP No.849 of 2017 had to be preferred before the Hon'ble High Court of H.P. The said CWP was disposed of vide orders dated 12.10.2017, Annexure RC on the basis of the Inspection Report dated 25.9.2017 submitted by a Committee headed by an Hon'ble Retired Judge of Punjab and Haryana High Court, duly constituted by the AICTE. The time to time inspections by the EVCs constituted by the AICTE go on to show that there has not been any misrepresentation or concealment of facts from the AICTE with regard to the location of land.
That the SIT report further wrongly states that the area available with the replying respondent Institute is only 6419.60 Sq. Meters as against the mentioned 12,238 Sq. Meters. It is submitted that only the carpet area of the class rooms, labs and workshops has been taken into consideration. The common areas, amenity areas, hostel area and the area under construction has not been considered at all. Moreover the plinth area of the construction raised ought to have been considered which ::: Downloaded on - 18/12/2018 22:56:03 :::HCHP 421 has not been done, reducing the area calculated, multipurpose hall, Girls Common Room, Digital Library, Computer Centre in the institute. All such facilities are available. It is further wrong and specifically denied .
that the Principal's Office, Conference Room, Main Officer, Library Rooms, and Workshops were found to be smaller in size. The team has wrongly calculated carpet area instead of plinth area resulting in the reduction of size. As regards the labs of D Pharmacy being inside the College it is submitted that an affidavit in terms of the Rule applicable at the relevant time for integrated campus of Engineering, and Polytechnic Courses, Annexure RD was submitted by the respondent College pursuant to resolution Annexure RG shows that the integrated campus is required and that there is no deficiency in the fulfillment of requisite formalities by the respondent College. This coupled with the fact that the earlier inspections have also not objected in this regard, there is no illegality in the sharing of facilities by the two Institutions. It is wrong and specifically denied that as against the requisite 39 Class Rooms and 9 Tutorial Rooms the Institute was having only 10 class rooms and 7 tutorial rooms. In this regard it is was submitted that out of the approval Six Courses the respondent College in only running the Courses of Civil Engineering and Computer Science Engineering. The respondent College is not running the Courses of Information & Technology and Electronic & Communication Engineering, since th eyear 2009 and 2014 respectively. As per the AICTE norms the respondent College require 24 class rooms and 8 tutorial rooms which are sufficient for the 4 Courses presently being run by the respondent College.
::: Downloaded on - 18/12/2018 22:56:04 :::HCHP422 Moreover 7 class rooms and 3 tutorial rooms are presently under completion and would be ready in all respects within 45 days and further seven class rooms and three tutorial rooms are under construction and .
would be ready in all respects within a period of one year. All these facts were brought to the notice of the Inspection Team, who had also taken note and inspected the same but strangely enough the same do not form part of the Report.
II. INSTRUCTIONAL That the Instructional deficiencies/defects as stated are wrong and denied. As regards the appointment of Dr. Vikram Singh, Principal which is required to be ratified by the HPTU it is submitted that as per the AICTE norms all persons who are M.Sc./MCA prior to the year 2010 are eligible to be enrolled for M.Tech/PH.D and after experience of five years are eligible for appointment as Principal. Dr. Vikram Singh is eligible and his case has been sent for ratification to the HPTU who has further sought clarification in this regard from the AICTE. As regards the number of faculty members it is submitted that as of date there are 74 faculty member working with the respondent college. As per the latest AICTE norms the teacherstudent ratio has been reduced to 1:20. The respondent is only having 206 students as of date, against which the number of faculty members if sufficient. The list of students enrolled is Annexure RH. It is wrong and specifically denied that proper faculty cadre ratio is not maintained or Selection Committee has not been constituted in terms of the norms of the HPTU. It is wrong and specifically denied that the labs are not well equipped or that there are only 100 PCs. It is ::: Downloaded on - 18/12/2018 22:56:04 :::HCHP 423 submitted that as of now there are 240 PCs functioning in the respondent college which is sufficient for the students admitted. It is further wrong and specifically denied that the Library is without adequate title and .
numbers of volumes or that there are no multimedia PCs in the library. It is further wrong and specifically denied that the reading room capacity is only 70. It is submitted that the SIT team failed to take into consideration all the three reading rooms, capacity whereof is more than 250 and has only considered one reading room there too the team has wrongly reduced the seating capacity by about
30. As regards the number of workshops and instructors it is submitted that against the permitted intake capacity of 1800 student there are only 206 students undergoing their studies in the respondent college. Against the running four Courses of Engineering, the respondent college is having five workshops for which five instructors have been appointed. The respondent College is have 27 laboratories in all but keeping in view the students strength only six lab attendants have been recruited. The respondent College is making payment of salary on the basis of the salary settled with the faculty and staff recruited. The staff and faculty are being paid the basic pay as fixed by the Sixth Pay Commission. This is because of the law intake of students resulting in the reduced income and the expenditure involved in maintaining the existing infrastructure and enhancing the infrastructure.
III. CONCLUSION & PRAYER That the conclusion drawn in the report are false and incorrect. It is wrong and specifically denied that the Society obtained the approval to stated the Institute or ::: Downloaded on - 18/12/2018 22:56:04 :::HCHP 424 subsequent conversion by misrepresenting facts. It is wrong and specifically denied that the Society was not eligible to state the Engineering College or was not having adequate land as per the norms of the AICTE.
.
Submissions already made are reasserted to avoid repetition. It is wrong and specifically denied that a criminal case is required to be registered against the Society or its members or that the Society or its members have obtained recognition/affiliation from the AICTE/HPTU/HPU by giving false information/affidavits regarding land, builtup area, infrastructural and instructional facilities. It is wrong and specifically denied that the recognition/affiliation of the respondent college is liable to be withdrawn. It is further wrong and specifically denied that the permission accorded to the respondent College under Section 118 of the HP Tenancy and Land Reforms Act 1972 is liable to be withdrawn.
The report of the SIT being based upon false and incorrect facts is liable to be rejected and the petition qua the respondent College ordered to be dismissed. SPECIAL EXPERT COMMITTEE (AICTE) REPORT
5. That the reply to the report submitted by the Special Expert Committee (AICTE) is as under: That the respondent Institute was informed of inspection of its Engineering College by the AICTE, through mail on 10.7.2018 at 4:18 pm whereafter the inspection was done on 13.7.2017. The respondent Institute was not apprised of the information to be made available to the inspecting team. The respondent Institute offered full co operation to the inspecting team, though the team was most un cooperative. It is submitted that the certified copy of Jamabandi of the land of the Institute, Musabi ::: Downloaded on - 18/12/2018 22:56:04 :::HCHP 425 and original Land Conversion Certificate were not available at the relevant time with the respondent Institute and as such photocopies of the same were made available. I had offered to selfattest the same to .
which the team refused. Likewise original approved building plans and occupation certificate were not available and photocopies were offered which the inspecting team refused to accept. I had offered to self the same but the team refused. It is humbly submitted that the originals of these documents had been used up during the obtaining of sanctions, repeated inspections, filing of Court cases and as such it was not possible to produce the same. However, the photocopies produced and sought to be produced were office copies retained by the respondent Institute and as such the same would not have in any manner affected either the inspection or submission of the present report by the Special Expert Committee.
That as regards the Engineering, and Polytechnic Course being run in the same campus and building without partition and the same being interconnected, as already stated supra it is submitted that an affidavit in terms of the Rule application at the relevant time for integrated campus of Engineering, and Polytechnic Courses, Annexure RD was submitted by the respondent College pursuant to resolution Annexure RE. Reminder in this regard Annexure RF was submitted was on 25.6.2012. The report of the AICTE generated on 14.2.2012, Annexure RG shows that the integrated campus is required and that there is no deficiency in the fulfillment of requisite formalities by the respondent College. This coupled with the fact that the earlier inspections have ::: Downloaded on - 18/12/2018 22:56:04 :::HCHP 426 also not objected in this regard, there is no illegality in the running of the two Institutions in the same campus and building.
That it is wrong and specifically denied that as against .
the requisite 20 Class Rooms the Institute was having only 17 Class Rooms. In this regard it is submitted that out of the approved Six Courses, the respondent College in only running the Course of Civil Engineering, Mechanical Engineering, Electrical Engineering and Computer Science Engineering. The respondent College is not running the Course of Information & Technology and Electronic & Communication Engineering since the year 2009 and 2014 respectively. As per the AICTE norms the respondent College requires 24 class rooms and 8 tutorial rooms for six courses. The respondent College is having 17 class rooms and 6 tutorial rooms which are sufficient for the 4 courses presently being run by the respondent College. Moreover 7 Class rooms and 3 tutorial rooms are presently under completion and would be ready in all respects within 45 days and further seven class rooms and three tutorial rooms and under construction and would be ready in all respects within a period of one year. All these facts were brought to the notice of the Inspection Team, who had also taken note and inspected the same but strangely enough the same do not form part of the report.
That as regards the number of Laboratories being 27 against the required 48 it is submitted that against the permitted intake capacity of 1800 student there are only 206 students undergoing their studies in the respondent college. Against the running four courses of Engineering, the respondent college is having 27 Laboratories in all ::: Downloaded on - 18/12/2018 22:56:04 :::HCHP 427 but keeping in view the students strength only six lab attendants have been recruited.
That as regards the number of 4 Class Rooms against the required 6 for PC courses it is submitted that there .
are only 26 students undergoing their studies in the respondent college. The respondent College is already having 4 class rooms and 2 tutorials. The inspection team has not mentioned that 7 class rooms and 3 tutorial rooms are presently under completion and would be ready in all aspects within 45 days and further seven class rooms and three tutorial rooms are under construction and would be ready in all respects within a period of one year. All these facts were brought to the notice of the Inspection Team, who had also taken note and inspected the same but strangely enough the same do not form part of the report.
That as regards the seminar halls, the same are ready and the respondent College is in the process of making partition and arranging furniture for the same, which process would be completed in a period of almost there months.
That a computer center, language labs, firs aid room, training and placement office, research labs are being run on a integrated basis in the college campus. The arrangements to run the same from different rooms is under way and the same would be completed within three months.
That it is wrong and specifically denied that the area of 12 labs, 5 class room, library examcontrol office boys common rooms, girls common rooms is deficient. It is submitted that only the carpet area of the rooms has been taken into consideration. The plinth are of the ::: Downloaded on - 18/12/2018 22:56:04 :::HCHP 428 construction raised ought to have been considered which has not been done, reducing the area calculated, marginally.
That the Fire NOC as per the latest norms has been .
applied for approval whereof is awaited. All weather approach road is under construction. Both these requirements would be completed within three months.
That as regards the approved building plans for the new construction, it is submitted that the Special Expert Committee was apprised that the same were lying in the Architect Sh. Anshita Aggarwal who was out of station in connection with the admission of his son. The said architect is expected to be back on 1.8.2018. The respondent is ready and willing to produce the same within three days thereafter.
The Expert Committee has wrongly failed to take into consideration the entire construction work which is going on, majority whereof is nearing completion. That as regards the sharing of workshops, labs, library and other infrastructural facilities, the submissions already made are reasserted to avoid repetition.
That it is most respectfully submitted that it has been the endeavour of the society to run the engineering college in most professional manner and to provide all basic educational and infrastructural facilities to the students. The respondent Polytechnic College has been in the past few years facing shortage of students and as such reduction in the income. However, the respondent polytechnic college is duty bound to remove all the shortcomings still persisting in the respondent college within a period of one year.
::: Downloaded on - 18/12/2018 22:56:04 :::HCHP429 552 After going through the SIT and VT reports and reply filed by the Institution aforementioned, we are of the opinion that the Institution has requisite infrastructural facilities .
to run the courses and accordingly, the Institution is permitted to run the courses that are currently being run by it.
553 As regards the instructional deficiencies, time has already been granted to the Institution, like the other Institutions, to rectify the same upto the next academic session.
Fb)3: SIRDA Institute of Polytechnic, Kanaid, Sundernagar, Mandi.
554 The SIT in its progress report No.8 (pages 4756) after scrutiny of records and physical inspection of this Institute has found that the society had obtained approval to start only Women's Engineering Institute and its subsequent conversion to coed. institute on the basis of misrepresentation of facts leading to land owned by it. The society was not eligible to start the engineering institute as it did not have adequate land in its possession as per norms prescribed by AICTE.
555 On the basis of the aforesaid conclusions, it has been prayed that:
1. a criminal case may please be ordered to be registered either by CBI or State Vigilance & Anit Corruption Bureau, Himachal Pradesh against Sh. Nikk Ram ::: Downloaded on - 18/12/2018 22:56:04 :::HCHP 430 Chaudhary and others for obtaining recognition/affiliation from AICTE/HPU on the basis of false information/affidavits regarding the land , built up area and other infrastructural and instructional facilities .
available with the Society.
2. Since the institution lacks in infrastructure and the instructional area and recognition & affiliation had been obtained on the basis of misrepresentation & submission of false information, directions may please be issued to AICTE/DTE and HPTSB not to allow any further admissions and to cancel the recognition & affiliation of SIRDA Polytechnic after the present batches pass out.
3.The Principal Secretary (Revenue), Govt. of H.P. may be directed to withdraw the permission granted u/s 118(2) of the H.P. Land and Tenancy Reforms Act, 1972 on 24.6.2011 for 370513 bighas of land as the society had violated terms and conditions of the said permission by not using the land for the purpose for which permission had been accorded, within the stipulated period. Further, proceedings to recover the land as per provisions of the said Act and Rules framed thereunder should be initiated by the Department of Revenue,Govt. of H.P. 556 The Institution was got inspected by the VT under the orders of this Court and in its report (pages 56255651), following deficiencies were noticed:
1. Original land documents and khasra plans are not shown.
2. Land conversion certificate in original was not presented.
3. Approved building plans are not accepted.::: Downloaded on - 18/12/2018 22:56:05 :::HCHP
431
4. Occupation Certificate was not accepted.
5. The SIRDA Institute of Engg. & Tech., SIRDA Polytechnic and SIRDA DPharmacy are running in the same campus and same building without any .
physical partitions under the name of SIRDA Group of Institutions. Separate zones of building are used for separate institutes but all are interconnected.
6. Only 11 classrooms are available for Polytechnic instead of 17 required as per norms
7. Only 01 tutorial room is available for Polytechnic instead of 5 required as per norms.
8. Pnly 09 labs are available for Polytechnic instead of 36 required as per norms.
9. No workshop, library, language lab, Board room, Exam Control office, Seminar lab, Boys Common room, Girls common room are available in the Institute. (These are shared with the SIRDA Institute of Engg. & Technology).
10. Only 2 Dpharm Labs are available instead of required 6 as per norms.
11. No seminar hall is available for Dpharm.
12. Areas of 4labs and 5class rooms (available) is less than the required as per norms.
13. Approved building plans for the new construction were not presented.
14. Workshops, labs, library and various other infrastructural facilities are shared with SIRDA Institute of Engg. & Technology.
15. It is also worthy mentioning here that lot of new construction is going on.
::: Downloaded on - 18/12/2018 22:56:05 :::HCHP432 557 The Institution filed its reply (pages 61736194) wherein it controverted the report submitted by the SIT and VT pointwise, which reads as follow: .
1. INSTRUCTIONAL That the infrastructural deficiencies/defects as stated are wrong and denied. It is humbly submitted that the Special Investigation Team report wrongly states that the society has misrepresented and concealed material facts from the AICTE about the exact position of the land while obtaining initial approval and at the time of conversion to CoEducational Institute. In this regard it is submitted that the Society had specifically mentioned in its initial application for approval, the distance between the two pieces of land to be 1.00 km. Gthe distance given in fact was revenue distance which was duly considered by the Expert Visiting Committee, Scrutiny Committee, Regional Recommendation Committee, Standing Hearing Committee and AICTE, whereafter the society was accorded sanction to run the respondent College vide communication dated 30.06.2009 only after it duly fulfilled the requisite conditions with regard to the availability of land to run the Engineering College. Likewise at the time of conversion the Society had specifically mentioned in its communications for approval dated 21.1.2010, Annexure RA, the distance between the two pieces of land to be 10 kms. However the permission for conversion was initially declined on which CWP No. 6351 of 2011 had to be filed before the Hon'ble High Court of H.P. The said CWP was disposed of vide orders dated 6.9.2012, ::: Downloaded on - 18/12/2018 22:56:05 :::HCHP 433 Annexure RB as the AICTE accorded approval vide communication dated 19.6.2012. The time to time inspections by the EVCs constituted by the AICTE go on to show that there has not been any misrepresentation .
or concealment of facts from the AICTE with regard to the location of land.
That the SIT report further wrongly states that the area available with the replying respondent Institute is only 6419.60 Sq. Meters as against the mentioned 12,238 Sq. Meters. It is submitted that only the carpet area of the class rooms, labs and workshops has been taken into consideration. The common areas, amenity areas, hostel area and the area under construction has not been considered at all. Moreover the plinth area of the construction raised ought to have been considered which has not been done, reducing the area calculated, multipurpose hall, Girls Common Room, Digital Library, Computer Centre in the institute. All such facilities are available. It is further wrong and specifically denied that the Principal's Office, Conference Room, Main Officer, Library Rooms, and Workshops were found to be smaller in size. The team has wrongly calculated carpet area instead of plinth area resulting in the reduction of size. As regards the labs of D Pharmacy being inside the College it is submitted that an affidavit in terms of the Rule applicable at the relevant time for integrated campus of Engineering, and Polytechnic Courses, Annexure RD was submitted by the respondent College pursuant to resolution Annexure RG shows that the integrated campus is required and that there is no deficiency in the fulfillment of requisite formalities by the respondent College. This coupled with the fact that the ::: Downloaded on - 18/12/2018 22:56:05 :::HCHP 434 earlier inspections have also not objected in this regard, there is no illegality in the sharing of facilities by the two Institutions. It is wrong and specifically denied that as against the requisite 39 Class Rooms and 9 Tutorial .
Rooms the Institute was having only 10 class rooms and 7 tutorial rooms. In this regard it is submitted that out of the approval Six Courses the respondent College in only running the Courses of Civil Engineering and Computer Science Engineering. The respondent College is not running the Courses of Information & Technology and Electronic & Communication Engineering, since the year 2016 and 2014 respectively. As per the AICTE norms the respondent College requires 15 class rooms and 2 tutorial rooms for 7 courses. The respondent College is having 11 class rooms and 5 tutorial rooms which are sufficient for the 5 courses presently being run by the respondent College. Moreover 7 Class rooms and 3 tutorial rooms are presently under completion and would be ready in all respects within 45 days and further seven class rooms and three tutorial rooms and under construction and would be ready in all respects within a period of one year. All these facts were brought to the notice of the Inspection Team, who had also taken note and inspected the same but strangely enough the same do not form part of the report.
II. INSTRUCTIONAL That the Instructional deficiencies/defects as stated are wrong and denied. As regards the number of faculty members it is submitted that as of date there are 33 faculty members working with the respondent College. As per the latest AICTE norms the teachersstudents ratio has been reduced to 1:25. The respondent is only ::: Downloaded on - 18/12/2018 22:56:05 :::HCHP 435 having 135 students as of date, against which the number of faculty members is sufficient. It is wrong and specifically denied that proper faculty cadre ratio is not maintained. It is wrong and specifically denied that the .
labs are not well equipped or that there are only 100 PCs. It is submitted that as of now there are 240 PCs functioning in the respondent College which is sufficient for the students admitted. It is further wrong and specifically denied that the Library is without adequate title and numbers of volumes or that there are no multimedia PCs in the Library. It is further wrong and specifically denied that the reading room capacity is only
70. It is submitted that the SIT team failed to take into consideration all the three reading rooms, capacity whereof is more than 250 and has only considered one reading room there too the team has wrongly reduced the seating capacity by about 30. As regards the number of workshops and instructors it is submitted that against the permitted intake capacity of 1740 student there are only 135 students undergoing their studies in the respondent College. Against the running five courses of Engineering and D. Pharmacy, the respondent college is proper workshop and six instructors have been duly appointed as required under the norms. The respondent College is making payment of salary on the basis of the salary settled with the faculty and staff recruited. The staff and faculty are being paid the basic pay as fixed by the Sixth Pay Commission. This is because of the law intake of students resulting in the reduced income and the expenditure involved in maintaining the existing infrastructure and enhancing the infrastructure.
::: Downloaded on - 18/12/2018 22:56:05 :::HCHP436 III. CONCLUSION & PRAYER That the conclusion drawn in the report are false and incorrect. It is wrong and specifically denied that the Society obtained the approval to stated the Institute or .
subsequent conversion by misrepresenting facts. It is wrong and specifically denied that the Society was not eligible to state the Engineering College or was not having adequate land as per the norms of the AICTE. Submissions already made are reasserted to avoid repetition. It is wrong and specifically denied that a criminal case is required to be registered against the Society or its members or that the Society or its members have obtained recognition/affiliation from the AICTE/HPTU/HPU by giving false information/affidavits regarding land, builtup area, infrastructural and instructional facilities. It is wrong and specifically denied that the recognition/affiliation of the respondent college is liable to be withdrawn. It is further wrong and specifically denied that the permission accorded to the respondent College under Section 118 of the HP Tenancy and Land Reforms Act 1972 is liable to be withdrawn.
The report of the SIT being based upon false and incorrect facts is liable to be rejected and the petition qua the respondent College ordered to be dismissed. SPECIAL EXPERT COMMITTEE (AICTE) REPORT That the reply to the report submitted by the Special Expert Committee (AICTE) is as under: That the respondent Institute was informed of inspection of its Engineering College by the AICTE, through mail on 10.7.2018 at 4:18 pm whereafter the inspection was done on 14.7.2017. The respondent Institute was not apprised of the information to be made available to the ::: Downloaded on - 18/12/2018 22:56:05 :::HCHP 437 inspecting team. The respondent Institute offered full co operation to the inspecting team, though the team was most un cooperative. It is submitted that the certified copy of Jamabandi of the land of the Institute, Musabi .
and original Land Conversion Certificate were not available at the relevant time with the respondent Institute and as such photocopies of the same were made available. I had offered to selfattest the same to which the team refused. Likewise original approved building plans and occupation certificate were not available and photocopies were offered which the inspecting team refused to accept. I had offered to self the same but the team refused. It is humbly submitted that the originals of these documents had been used up during the obtaining of sanctions, repeated inspections, filing of Court cases and as such it was not possible to produce the same. However, the photocopies produced and sought to be produced were office copies retained by the respondent Institute and as such the same would not have in any manner affected either the inspection or submission of the present report by the Special Expert Committee.
That as regards the Engineering, and Polytechnic Courses being run in the same campus and building without partition and the same being interconnected, as already stated supra it is submitted that an affidavit in terms of the Rule application at the relevant time for integrated campus of Engineering, and Polytechnic Courses, Annexure RC was submitted by the respondent College pursuant to resolution Annexure RD. Reminder in this regard Annexure RE was submitted was on 25.6.2012. The report of the AICTE generated on ::: Downloaded on - 18/12/2018 22:56:05 :::HCHP 438 14.2.2012, Annexure RF shows that the integrated campus is required and that there is no deficiency in the fulfillment of requisite formalities by the respondent College. This coupled with the fact that the earlier .
inspections have also not objected in this regard, there is no illegality in the running of the two Institutions in the same campus and building.
That it is wrong and specifically denied that as against the requisite 17 Class Rooms the Institute was having only 11 Class Rooms. In this regard it is submitted that out of the approved 7 Courses, the respondent College in only running the Courses of Civil Engineering, Mechanical Engineering, Electrical Engineering and Computer Science Engineering and D. Pharmacy. The respondent College is not running the Courses of Automobile Engineering and Electronic& Communication Engineering since the year 2016 and 2014 respectively.
As per the AICTE norms the respondent College requires 15 class rooms and 2 tutorial rooms for 7 courses. The respondent College is having 11 class rooms and 1 tutorial room which are sufficient for the 5 courses presently being run by the respondent College. Moreover 7 Class rooms and 3 tutorial rooms are presently under completion and would be ready in all respects within 45 days and further seven class rooms and three tutorial rooms and under construction and would be ready in all respects within a period of one year. All these facts were brought to the notice of the Inspection Team, who had also taken note and inspected the same but strangely enough the same do not form part of the report. That as regard the existing one Tutorial against the required five it is submitted that the report is false and ::: Downloaded on - 18/12/2018 22:56:06 :::HCHP 439 incorrect. THE respondent College is having five tutorials which have not been taken into consideration by the Expert Committee and the report in this regard is factually not correct.
.
That as regards the number of Laboratories being 9 against the required 36 it is submitted that against the permitted intake capacity of 1740 student there are only 35 students undergoing their studies in the respondent college. Against the running 5 courses of Engineering, D. Pharmacy the respondent college is having 9 Laboratories in all and 27 are shared with Engineering College in the integrated complex.
That is wrong and specifically denied that there is no workshop, Library, Language Lab, Board Room, Exam Control Office, Seminar Hall, Boys Common Room, Girls Common Room in the College. All these facilities are available in the campus.
That is wrong and specifically denied that there are only two D. Pharmacy Labs available against the required six. It is submitted the keeping in view the reduced strength of the students, two labs are being used and remaining are being shared with the Engineering College is in the same campus. As regards the seminar halls, the same is ready and the respondent College is in the process of making partition and arranging furniture for the same, which process would be completed in a period of three months. That it is wrong and specifically denied that the area of 4 labs, 5 class rooms is deficient. It is submitted that only the carpet area of the rooms has been taken into consideration. The plinth are of the construction raised ::: Downloaded on - 18/12/2018 22:56:06 :::HCHP 440 ought to have been considered which has not been done, reducing the area calculated, marginally. That as regards the approved building plans for the new construction, it is submitted that the Special Expert .
Committee was apprised that the same were lying in the Architect Sh. Anshita Aggarwal who was out of station in connection with the admission of his son. The said architect is expected to be back on 1.8.2018. The respondent is ready and willing to produce the same within three days thereafter.
That as regards the sharing of workshops, labs, library and other infrastructural facilities, the submissions already made are reasserted to avoid repetition.
The Expert Committee has wrongly failed to take into consideration the entire construction work which is going on, majority whereof is nearing completion. That it is most respectfully submitted that it has been the endeavour of the society to run the polytechnic college in most professional manner and to provide all basic educational and infrastructural facilities to the students. The respondent Polytechnic College has been in the past few years facing shortage of students and as such reduction in the income. However, the respondent polytechnic college is duty bound to remove all the shortcomings still persisting in the respondent college within a period of one year.
::: Downloaded on - 18/12/2018 22:56:06 :::HCHP441 558 The Institution has also filed an application (CMP No. 8048/2018) (pages 66236667) under Section 151 CPC for placing on record the additional documents i.e. .
approval for technical campus and conversion to Co education of SIRDA, Institute of Engineering Technology dated 19.6.2012, Annexure A, approval for technical campus and conversion to Coeducation of SIRDA Polytechnic, Annexure B, Inspection report dated 25.9.2017, Annexure C, approval for the academic year 201718 of SIRDA Institute of Engineering Technology dated 30.10.2017 Annexure D, approval for the academic year 201819 of SIRDA Institute of Engineering Technology dated 10.4.2018, Annexure E, proof of payment of fees by SIRDA Institute of Engineering Technology dated 30.1.2012 Annexure F which included fees for Technical Campus Annexure H. 559 After going through the SIT and VT reports and reply filed by the Institution aforementioned, we are of the opinion that the Institution has requisite infrastructural facilities to run the courses and accordingly, the Institution is permitted to run the courses that are currently being run by it.
::: Downloaded on - 18/12/2018 22:56:06 :::HCHP442 560 As regards the instructional deficiencies, time has already been granted to the Institution, like the other Institutions, to rectify the same upto the next academic .
session.
F b)5: Chamba Millenium B.Ed. College, Labkana, P.O. Saru,Tehsil and District Chamba, H.P. 561 The SIT in its progress report No.11 (pages 7784) after scrutiny of records and physical inspection of this Institute has arrived at the following conclusions:
The Institution totally lacks in infrastructural facilities which are essential for running a B.Ed. Institute. A number of deficiencies have been found in respect of instructional/infrastructural facilities available in this Institute. The land had been transferred and registered in the name of the institute without obtaining permission u/s 118(2) of HPTLR Act, 1972.Thje team of NCTE experts which inspected the new building on 1.11.2010 intentionally concealed the above noted glaring deficiencies with a view to favour of the society/institute.
562 On the basis of the aforesaid conclusions, it has been prayed that:
1. the deficiencies noticed during the course of inspection may be ordered to be forwarded to the Chairperson, ::: Downloaded on - 18/12/2018 22:56:06 :::HCHP 443 NCTE, Govt. of India, New Delhi, for taking further action in the matter.
2. directions may kindly be issued to NCTE and HPU not to allow further admissions till the deficiencies are .
removed by the Chamba Millennium B.Ed. College.
3. Secretary (Revenue) Govt. of H.P. may be directed to cause an enquiry as to how the land was registered by the SubRegistrar, Chamba, in favour of the society/institute without permission u/s 118(2) of HPTLR Act, 1972.
4.Directions may be issued to NCTE for taking appropriate action against the experts who conducted inspection on 1.11.2010 and concealed material facts in the inspection report.
563 The VT of the AICTE under orders of this Court inspected the Institute on 7.8.2018 to which Sh. Kulwinder K. Mahajan, Managing Director of Millenium B.Ed. College, filed an affidavit (pages68536854), wherein it is stated that the deficiencies as pointed out by the SIT have been removed. As against requirement of 2000 sq. mts. area, the Institute has built up area, which was increased by including the portion of the basement which was previously used by the ITI because of the damage in the ITI college run by the society which has been incorporated and total built up area has been increased to 1736 sq. mts. The institute has already started construction over the property, which is going to add more than 320 sq. ::: Downloaded on - 18/12/2018 22:56:06 :::HCHP 444 mts. in the total built up area, but the same is likely to take some time for the completion of the construction. The Institute has increased the size of class rooms, labs, boys common .
room, girls common room by renovating the structure from inside. The furniture and equipments have been purchased as per the specification of the norms and the bills have already been supplied to the Inspection Committee. The Institute has also issued various advertisements for appointment of adequate staff and all the deficiencies have been removed, however improvement of faculty is in progress.
Fb)6 Priyadarshini College of Education, Village Kundu,Chowari, Distt. Chamba, H.P. 564 The SIT in its progress report No.11 (pages 71
86) after scrutiny of records and physical inspection of this Institute has noticed few deficiencies in infrastructural and instructional facilities and it has been prayed that the deficiencies noticed during the course of inspection may be ordered to be forwarded to NCTE for taking further necessary action to get the deficiencies removed.
565 Therefore, in this background, the Institution is permitted to run its courses subject of course to removal of ::: Downloaded on - 18/12/2018 22:56:06 :::HCHP 445 all the objections raised by the SIT and VT of the AICTE before start of the next academic session.
566 As regards the instructional deficiencies, time .
has already been granted to the Institution, like the other Institutions, to rectify the same upto the next academic session.
567 This brings us to the end of progress reports No. 1 to 11, however during the course of hearings, further reports have been submitted by the SIT, which are now required to be placed before the appropriate bench after seeking approval of Hon'ble the Chief Justice.
568 While hearing this case vide order dated 6.4.2018, we had appointed Ms. Jyotsna Rewal Dua, learned Senior Advocate as amicus curiae. The record reveals that as many as 34 hearings were conducted in this case after she was appointed as amicus curiae and the case was continuously listed before the Court post lunch for a period of six weeks.
569 We are indebted to the valuable assistance rendered by Ms. Dua, who without fail not only appeared but rendered full and complete assistance. The assistance rendered by Ms. Dua has been acknowledged even by the ::: Downloaded on - 18/12/2018 22:56:06 :::HCHP 446 parties to this petition and in fact at the fag end of the hearing, some of the counsels including learned senior counsels representing these Institutions had made a request .
that in view of the painstaking efforts as also devotion of time, some remuneration ought to be paid to Ms. Dua.
570 We are in complete agreement with the proposal so mooted and are also fully aware that we may not be in a position to fully compensate Ms. Dua, but as a token of appreciation of her hard work, labour and devotion of time in this case, we direct each of the institute to remit a sum of Rs.5000/ per institute, J.B.T., D.El.Ed and B.Ed. to Ms. Dua.
571 Since majority of the institutes are yet to complete instructional facilities and some of them do not possess requisite infrastructure facilities, therefore, we direct the expert committees to conduct fresh inspection after the end of next academic session and only those institutes which fulfill the instructional as well as infrastructural facilities would be permitted to run the courses. This team shall be constituted especially for State of Himachal Pradesh and in addition to the actual expenses shall be paid a sum of ::: Downloaded on - 18/12/2018 22:56:07 :::HCHP 447 Rs.20,000/as remuneration to each of the members for every inspection they conduct.
.
(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge 12th December, 2018 (pankaj) r to ::: Downloaded on - 18/12/2018 22:56:07 :::HCHP