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Madhya Pradesh High Court

Mushran Institute Of Management And ... vs National Council For Teacher Education on 1 July, 2013

                              1 1             WP.No.7986/2013




                    W.P.No.7986/2013.

01/07/2013.

      Mr. Siddharth Gupta, Advocate for the petitioner.
      Mr. K. K. Singh, Advocate for the respondents no. 1 & 2.

This case was heard by us at length and on 19.6.2013 a detailed order was passed disposing of the writ petition. However, a direction was issued for considering the case of the petitioner Institute to conduct Diploma in Elementary Education ( D.E1.Ed.) for the academic session 2013-14 and as this direction was found to be inconsistent to certain principles laid down by the Supreme court in the case of Maa Vaishno Devi Mahila Mahavidyalaya vs. State of Uttar Pradesh and others (2012) 12 SCALE 440 and para 87.3 thereof, we directed for re-listing of the matter to consider the question of direction with regard to academic session 2013-14.

We have heard Shri Siddharth Gupta, learned counsel for the petitioner and Shri K.K. Singh, learned counsel for the respondents no. 1 and 2 at length.

After hearing the learned counsel for the parties, we deem it proper to review the order passed on 19.6.2013 with regard to reconsideration of the claim of the petitioner Institute for grant of approval / recognition for the year 2013-2014.

Shri Siddharth Gupta, learned counsel for the petitioner inviting our attention to certain judgments rendered by Indore Bench of this Court in the matter of Sri Aurobindo Institute of Medical Science & Anr. vs. Board of Governors In Supersession In Medical Council of India, in W.P.No.4604/2013 decided on 7.5.2013, argued that in the said case, Indore Bench of this Court had directed for consideration of the matter for the 2 2 WP.No.7986/2013 current academic session on the ground that the petitioner cannot be put to loss for the default committed by the Medical Council of India. It is stated by him that in the Special Leave Petition filed by the State Govt. the order passed by the Division Bench of Indore has been upheld by the Supreme Court and, therefore, same principle and analogy should be applied in the present case. Accordingly, it is argued by him that in the present case also, due to default committed by the respondents, the petitioner cannot be put to loss and therefore, consideration as directed by this Court has to be made for the academic session 2013-14 and not for the academic session 2014-15.

Shri K. K. Singh, learned counsel for the respondents no. 1 and 2 has refuted the aforesaid and pointed out that the directions issued in the matter of grant of approval / recognition by the Medical Council of India cannot be made applicable in the present case because in the present case recognition is to be granted in accordance with the National Council For Teacher Education Act, 1993 and when specific directions have been issued by the Supreme Court in the case of Maa Vaishno Devi Mahila Mahavidyalaya (supra), no deviation can be made from the law laid down by the Supreme court. Emphasizing that the principle laid down in the case of Maa Vaishno Devi Mahila Mahavidyalaya (supra) has been reiterated and in the case of National Council For Teacher Education and another vs. Public Education Society and others, reported in 2012 AIR SCW 5887 it has been clearly held that no retrospective recognition can be granted and recognition is only effective from the next academic session, it is submitted by him that all these factors were also considered by the Division Bench of this Court while 3 3 WP.No.7986/2013 deciding W.P. No.7383/2013 and in the said case also, similar dispute was in existence and after taking note of judgments rendered in the case of Maa Vaishno Devi Mahila Mahavidyalaya (supra) and Captain Ramesh Chandra Nema Shiksha Prachar Prasar Evam Samaj Kalyan Samiti vs. NCTE and others decided by the Division Bench of this Court in W.P.No.9988/2012 vide its order dated 17.7.2012, the direction is to consider the same for the academic session 2014-2015 and accordingly, it is submitted by Shri K. K. Singh that the order passed on 19.6.2013 be modified to the extent that the consideration should be for the academic session 2014-15 and not for the academic session 2013-14 as indicated therein.

After taking note of rival contentions in this regard and after considering the judgments rendered by the Supreme court particularly the observations made by the Supreme court in para 87.3 in the case of Maa Vaishno Devi Mahila Mahavidyalaya (supra) and the order passed under identical situation by the Division Bench of this Court in W.P.No. 7383/13 on 8.5.2013 as reproduced in the order passed by us on 19.6.2013, we see no reason to take a different view once. In the matter of Diploma in Elementary Education (D.El.Ed.), after taking note of various provisions as contemplated in the National Council for Teacher Education Act, the direction given in W.P.No.7383/13 is to consider the claim for the academic session 2014-15. We see no reason to deviate from the same.

Accordingly, the order passed by us in the matter on 19.6.2013 is hereby modified to the extent that the consideration as directed therein shall be for the academic session 2014-15 and not for the academic session 2013-14.

With the aforesaid correction and modification to the order passed on 19.6.2013, this writ petition stands disposed of. This order shall be read conjointly with the order dated 19.6.2013.

Certified copy as per rules.

                  (Rajendra Menon)                    (A. K. Sharma)
                       Judge                              Judge

Parouha/-