Bombay High Court
Sujit Rangnath Falke And Others vs The Union Of India And Others on 26 April, 2018
Equivalent citations: AIRONLINE 2018 BOM 1077
Author: A.M. Dhavale
Bench: S.V. Gangapurwala, A.M. Dhavale
W.P.3931/2017
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD
WRIT PETITION NO.3931 OF 2017
1. Sujit s/o Rangnath Falke,
Age 32 years, Occu. Service,
R/o Kotnandrawadi, Tq. Sillod,
District Aurangabad
2. Bharat s/o Rajabhau Kakade,
Age 32 years, Occu. Service,
R/o Rakshasbhuvan, Tq. Georai,
District Beed
3. Vaibhav s/o Sakdeo Tayade,
Age 31 years, Occu. Service
R/o Kuranwadi, Tq. Sillod,
District Aurangabad
4. Ramesh s/o Bansilal Panchal,
Age 33 years, Occu. Service,
R/o Pimprisatal, Tq. Phulambri,
District Aurangabad
5. Pravina d/o Kachru Kamble,
Age 31 years, Occu. Service,
R/o Daithan, Tq. Georai,
District Beed
6. Jayshri d/o Ganpatrao Chate,
Age 31 years, Occu. Service,
R/o Pabal Tanda, Taluka and
District Aurangabad
7. Navnath s/o Annasaheb Phulari,
Age 34 years, Occu. Service,
R/o Panaswadi, Tq. Newasa,
District Ahmednagar
8. Navnath s/o Chaganrao Ghate,
Age 33 years, Occu. Service,
R/o Navgaon, Tq. Paithan,
District Aurangabad
9. Pravin s/o Ramdas Yenge,
Age 33 years, Occu. Service,
R/o Wakdi, Taluka Rahata,
District Ahmednagar
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10. Manisha d/o Shivaji Potbhare,
Age 32 years, Occu. Service
R/o Jarewadi, Tq. Patoda, Dist.Beed
11. Jagan s/o Bhimrao Dhoke,
Age 33 years, Occu. Service,
R/o Walan Pimpalgaon,
Taluka Phulambri,
District Aurangabad
12. Dnyaneshwar s/o Ganpat Zagare,
Age 33 years, Occu. Service,
R/o Ghankheda, Tq. Jafrabad,
District Jalna
13. Navnath s/o Shivajirao Dudhal,
Age 33 years, Occu. Service,
R/o Dindrud, Taluka Majalgaon
District Beed
14. Sunil s/o Vitthalrao Kanade,
Age 34 years, Occu. Service,
R/o Jategaon, Taluka Georai,
District Beed
15. Ananta s/o Pandurang Kothimbire,
Age 34 years, Occu. Service,
R/o Tamblevasti, Taluka Ashti,
District Beed
16. Sitaram s/o Shivaji Bhavle,
Age 35 years, Occu. Service,
R/o Lakhani, Taluka Vaijapur,
District Aurangabad
17. Muneshwar s/o Anandrao Tembhurne,
Age 34 years, Occu. Service,
R/o Walsa, Taluka Bhokardan,
District Jalgaon
18. Jalandar s/o Vitthal Patil,
Age 33 years, Occu. Service,
R/o Jalu, Taluka Dharangaon,
District Jalgaon
19. Vitthal s/o Uttamrao Khedkar,
Age 35 y ears, Occu. Service,
R/o Tamblevasti, Taluka Ashti,
District Beed
20. Manisha Murlidhar Kshirsagar,
Age 32 years, Occu. Service,
R/o Ambegaon, Taluka Yeola,
District Nashik
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21. Swati Madhukar Guling,
Age 32 years, Occu. Service,
R/o C/o P.M.C. School No.163,
Dhayari Pune
22. Snehal Sanjiv Bhor,
Age : 32 years, Occu. Service,
R/o. C/o. Z.P. P.S. School,
Koregaon (Kh), Tq. Khed,
Dist. Pune.
23. Sandip s/o Ashok Magar,
Age 34 years, Occu. Service,
R/o C/o Z.P.P.S. Wadali,
Kangaon, Tq. Daund, Dist.Pune
24. Madhuri d/o Arun Sali,
Age 32 years, Occu. Service,
R/o C/o Z.P.P.S. Wadali,
Taluka Niphad, Dist. Nashik
25. Babasaheb s/o Rajaram Dhanwade,
Age 35 years, Occu. Service
R/o C/o New English School,
Kolhar, Taluka Rahata,
District Ahmednagar
26. Raviraj Radhwan,
Age 33 years, Occu. Service,
R/o C/o Z.P.S.Z. School,
Salaipada, Taluka Shirpur,
District Dhule
27. Jeevan Mangalrao Khairnar,
Age 34 years, Occu. Service,
R/o C/o Z.P.P.S. School,
Gugalwad, Taluka Malagaon,
District Nashik
28. Jagruti Ishwarlal Ahire,
Age 32 years, Occu. Service,
R/o C/o Z.P.P.S. School,
Khambale, Taluka Igatpuri,
District Nashik .. Petitioners
Versus
1. The Union of India,
Ministry of Human Resources
Development (Department of
Education), New Delhi,
through its Secretary
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2. Indira Gandhi National Open
University, Maidan Garhi,
New Delhi 110068,
through its Registrar
3. National Council for Teacher
Education (Western Regional
Committee), Manas Bhawan,
Shyamla Hills, Bhopal 462 002
Madhya Pradesh, through its
Secretary
4. Indira Gandhi National Open
University, Regional Centre,
1st Floor, M.F.C. Building, 270,
Senapati Bapat road,
Pune 411 016, through its
Senior Regional Director .. Respondents
Mr M.K. Deshpande, Advocate for petitioners
Mr S.B. Deshpande, A.S.G. For respondents no.1, 2 and 4
Mr S.S. Bora, Advocate for respondent no.3
CORAM : S.V. GANGAPURWALA &
A.M. DHAVALE, JJ
DATE OF RESERVING
THE JUDGMENT: 28th March 2018
DATE OF PRONOUNCING
THE JUDGMENT : 26th April 2018
JUDGMENT (Per A.M. Dhavale, J.)
Rule. Rule made returnable forthwith. With the consent of learned Counsel for the parties, taken up for final disposal at admission stage.
1. The petitioners studying in B.Ed. by Open Distance Learning are seeking quashing of communication dated 15.11.2016, issued by respondent no.4 - Indira Gandhi National Open University (hereinafter referred to as "IGNOU" for brevity) and directions that respondent No.3 - National Council for Teachers Education (hereinafter referred to as NCTE for brevity) should not insist upon internship activity for them ::: Uploaded on - 27/04/2018 ::: Downloaded on - 28/04/2018 01:32:36 ::: W.P.3931/2017 5 for programme commencing from January 2016. By the impugned communication, respondent no.4 IGNOU informed one of the petitioners that the new structure designed by respondent no.3 - NCTE would be applicable to all the institutions and he should undertake the prescribed internship activity.
2. The internship activity prescribed by NCTE includes four weeks internship in the first year and sixteen weeks internship in the second year of B.Ed. Course. The petitioners claim that they are serving as teachers and it is difficult for them to get leave for such a period. Since they have chosen programme of Open Distance Learning, the periods should be held in vacations. Apart from workshop for practical for twelve days, there was no reference to internship in prospectus. The petitioners have passed the entrance examination and paid fees of Rs.20,000/- each and joined the course in June 2016. They were informed for the first time on 13.11.2016 about the nature of internship. Such internship is not legal and not in tune with the Course of B.Ed. in 2015. The petitioners are already having teaching experience for Ist to VIIIth standards. They would not be able to leave their jobs or get leave to undertake internship programme. Hence, respondents no.3 and 4 should not insist for internship. No internship, programme was provided in Vardhaman Mahavidyalaya at Kota. Hence, this petition.
3. Respondent no.3 - NCTE filed affidavit-in-reply of Regional Director claiming that NCTE is apex body on teachers education. Accordingly, it has fixed norms and standards both for B.Ed. (face to face) and B.Ed. (Open and Distance Learning) programme. The ::: Uploaded on - 27/04/2018 ::: Downloaded on - 28/04/2018 01:32:36 ::: W.P.3931/2017 6 teachers - (Open Distance Learning) are governed by the Appendix -
10. Scheme of NCTE Regulation 2014, which is more suitable for candidates already working as teachers. School internship is part of board curricular area of "Engagement with the field" and shall be designed to lead to development of a board repertoire of perspective, professional capacities, teachers' sensibilities and skills for sustaining engagement with learners and the schools. The student teachers shall be equipped to cater to diverse needs of learners in schools. These activities shall be organised for four weeks in the first year and for sixteen weeks in the final year. They should be provided opportunities to teach in schools with systematic supervisory support and feedback from faculty. This should include, besides practice techniques and initial phase of one week observing a regular classroom peer observations, the teacher observations and faculty observations. Besides, there shall be school based activities as per 9
(g) of the National Council for Teacher Education (Recognition Norms and Procedure) Regulations, 2014 (hereinafter referred to as 'Regulations of 2014' for brevity). The teacher is supposed to perform in the school. The learner shall interact with a faculty member and the learner shall be supervised/guided by the mentor for a minimum of 15 study hours. There shall be teaching practice as per 9 (h) of Regulations of 2014. The teachers have to undergo supervised teaching for three months in their own school where they have already been employed and the institution has to organise monitoring and supervision through periodic field visits. The internship activity means 'School-based activities' and 'Practice teaching'. No adverse allegations are made against respondent no.3. ::: Uploaded on - 27/04/2018 ::: Downloaded on - 28/04/2018 01:32:36 ::: W.P.3931/2017 7
4. Respondents no.1, 2 and 4 filed affidavit of Dr.Masood Parveez, Senior Regional Director of respondent no.4 IGNOU. They adopted the reply of NCTE and submitted that from January 2016 onwards, the B.Ed. programme shall be as per new Curriculum by NCTE Framework of 2014. School based activities and practice teaching are compulsory components under Category - III. The Curriculum was wholly revised in 2014, but it came late in December 2014. It was not possible to change the programme for 2015-16, as the preparations were already made. Hence, from January 2016, the programme has been revised.
5. We have heard learned Advocates for the parties.
6. Learned Advocate Mr Milind Deshpande for the petitioners challenged authority of NCTE claiming that autonomy of open universities was affected by the directions of NCTE. Curriculum for open universities is always made suitable for in service students looking to the difficulties faced by them in getting long leaves. He also submitted that the condition of internship was not there in the prospectus of respondent no.4 - IGNOU. He submitted that the petitioners were taken by surprise about the nature of internship expected by the respondents and submitted that the petitioners being already serving teachers in Ist to VIIIth Standards, such internship was unnecessary and it should not be insisted upon for the current academic year.
7. Per contra, learned Advocate Mr S.S. Bora for respondent no.3 - NCTE and learned Assistant Solicitor General Mr S.B. Deshpande for respondents no.1, 2 and 4 argued that before the petitioners joined the course, they were intimated about the internship and certificates ::: Uploaded on - 27/04/2018 ::: Downloaded on - 28/04/2018 01:32:36 ::: W.P.3931/2017 8 of the institutions to provide the facilities for internship were also obtained from them in May 2016. Respondent no.3 - NCTE is an apex body constituted by the Central Government and the guidelines and directions issued by it with respect to various programmes for teachers' education are binding. It is the authority, which can grant recommendation and also can take action if the guidelines are not followed. Respondent no.4 - IGNOU is also bound by the guidelines issued by NCTE and there is no question of affecting the autonomy of IGNOU. The autonomy was only in the sphere of selecting syllabus as required for a particular region. The on-line prospectus of IGNOU require certificate to provide practical facilities and such certificate has been submitted by the petitioners. The issue of inconvenience cannot determine the policy of NCTE. The NCTE is body of experts, who have structured the programme of training after lot of efforts and the Court should not interfere with the opinion of expert. The authorities relied upon by the learned Advocates shall be referred to in due course. The points for our consideration are:
(I) Whether the guidelines of NCTE
are binding upon the institutions
universities and its students? .. In the affirmative
(II) Whether the students of B.Ed.
(Open Distance Learning) have
to undergo the internship
activities as directed in the
impugned communication dated
15.11.2016 ? .. In the affirmative
As per Appendix 10
(III) What order ? .. W.P. dismissed
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8. Respondent no.3 - NCTE has been constituted under the National Council for Teachers Education Act 1993 (hereinafter referred to as 'NCTE Act' for brevity) by the Central Government. Section 12 deals with the functions of the Council. The Council has to take all such steps as it may think fit for ensuring planned and co-ordinated development of teachers education and for determining and maintaining standards of teachers education. It can undertake surveys and studies, make recommendation to Central and State Government universities and University Grants Commission and other recognised institutions in the matter of preparation of suitable plans and programmes co-ordinate and monitor teachers education and its development in the country and can lay down guidelines in respect of minimum qualifications for such person to be employed. Material Sub- clauses (e), (j) and (k) of Section 12 of the NCTE Act read thus :
"(e) lay down norms for any specified category of courses or trainings in teacher education, including the minimum eligibility criteria for admission thereof and the method of selection of candidates, duration of the course, course contents and mode of curriculum.
(j) examine and review periodically the implementation of the norms, guidelines and standards laid down by the Council, and to suitably advise the recognised institution;
(k) evolve suitable performance appraisal system, norms and mechanism for enforcing accountability on recognised institution.::: Uploaded on - 27/04/2018 ::: Downloaded on - 28/04/2018 01:32:36 ::: W.P.3931/2017 10
9. Section 13 of the NCTE Act authorises the Council to carry out inspection. Section 14 deals with grant of recognition by NCTE. Sub- clause (5) of Section 14 of the Act provides for refusal to grant recognition. Sub-clause (6) of Section 14 provides for grant of affiliation to the institution and cancellation of affiliation. Section 17 of the NCTE Act provides powers to the Regional Committee of NCTE to withdraw the recognition of recognised institutions. Sub-clause (4) of Section 17 of the Act lays down that the qualification in teachers education obtained from an institute not recognised by NCTE shall not be valid.
10. These provisions are quite clear and disclose that NCTE is a supreme body and all universities providing teachers education are under its control and have to act as per the directions and guidelines with respect to the programmes of teaching undertaken in the sphere provided under the Act. The Apex Court in the case of State of T.N. And anr. Vs. Adhiyaman Educational & Research Institute and ors., reported in (1995) 4 SCC 104 has observed that :
"41. What emerges from the above discussion is as follows:
[i] The expression "coordination" used in Entry 66 of the Union List of the Seventh Schedule to the Constitution does not merely mean evaluation. It means harmonisation with a view to forge a uniform pattern for a concerted action according to a certain design, scheme or plan of development. It, therefore, includes action not only for removal of disparities in standards but also for preventing the occurrence of such disparities. It would, therefore, also include power to do all things which are necessary to ::: Uploaded on - 27/04/2018 ::: Downloaded on - 28/04/2018 01:32:36 ::: W.P.3931/2017 11 prevent what would make "coordination" either impossible or difficult. This power is absolute and unconditional and in the absence of any valid compelling reasons, it must be given its full effect according to its plain and express intention.
[ii] To the extent that the State legislation is in conflict with the Central legislation though the former is purported to have been made under Entry 25 of the Concurrent List but in effect encroaches upon legislation including subordinate legislation made by the Centre under Entry 25 of the Concurrent List or to give effect to Entry 66 of the Union List, it would be void and inoperative.
[iii] If there is a conflict between the two legislations, unless the State legislation is saved by the provisions of the main part of clause [2] of Article 254, the State leg- islation being repugnant to the Central legislation, the same would be inoperative.
[iv] Whether the State law encroaches upon Entry 66 of the Union List or is repugnant to the law made by the Centre under Entry 25 of the Concurrent List, will have to be determined by the examination of the two laws and will depend upon the facts of each case.
[v] When there are more applicants than the available situations/seats, the State authority is not prevented from laying down higher standards or qualifications than those laid down by the Centre or the Central authority to short- list the applicants. When the State authority does so, it does not encroach upon Entry 66 of the Union List or make a law which is repugnant to the Central law.
[vil However, when the situations/seats are available and the State authorities deny an applicant the same on the ::: Uploaded on - 27/04/2018 ::: Downloaded on - 28/04/2018 01:32:36 ::: W.P.3931/2017 12 ground that the applicant is not qualified according to its standards or qualifications, as the case may be, although the applicant satisfies the standards or qualifications laid down by the Central law, they act unconstitutionally. So also when the State authorities derecognise or disaffiliate an institution for not satisfying the standards or requirement laid down by them, although it satisfied the norms and requirements laid down by the central authority, the State authorities act illegally.
We, therefore, hold that NCTE having powers to grant recognition and withdraw recognition granted to university, grant and withdraw affiliations and to lay down, supervise, monitor and control the norms of training, eligibility criteria, issue guidelines and fix standards in the matter of teachers education, IGNOU, though open university has no autonomy to have its own programme and IGNOU is also bound by the guidelines and directions issued by NCTE.
University has limited powers to select their own syllabus as per the requirement of the region. It is not open for open universities to grant exemptions from the programme of internship prescribed by NCTE.
11. It is necessary to make it clear that NCTE has considered the difficulties of students of open and distance learning and has prescribed different norms and standards for regular B.Ed. degree course and B.Ed. by Open Distance Learning. Appendix - 4 deals with regular B.Ed. course. The Curriculum, Programme Implementation an Assessment is provided under Regulation 4 and 4.1 (iii) provide for school internship as follows :
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"(iii) School Internship : School Internship would be a part of the broad curricular area of 'Engagement with the Field' and shall be designed to lead to development of a broad repertoire of perspectives, professional capacities, teacher sensibilities and skills. The curriculum of B.Ed. shall provide for sustained engagement with learners and the school (including engaging in continuous and comprehensive assessment for learning), thereby creating a synergy with schools in the neighbourhood throughout the year. Student-
teachers shall be equipped to cater to diverse needs of learners in schools. These activities shall be organised for four weeks in the first year of the course.
Students are to be actively engaged in teaching for 16 weeks in the final year of the course. They shall be engaged at two levels, namely, upper primary (classes VI-VIII) and secondary (IX-X), or senior secondary, with at least 16 weeks in secondary/senior secondary classes. They should be provided opportunities to teach in schools with systematic supervisory support and feedback from faculty.
Internship in schools will be for a minimum duration of 20 weeks for a two-year programme (4 weeks in the first year, and 16 weeks in the second year as noted above). This should also include, besides practice teaching, an initial phase of one week for observing a regular classroom with a regular teacher and would also include peer observations, teacher observations and faculty observations of practice lessons".
The petitioners have taken admission for B.Ed. (Open and Distance Learning) and the same is governed by Appendix - 10. ::: Uploaded on - 27/04/2018 ::: Downloaded on - 28/04/2018 01:32:36 ::: W.P.3931/2017 14
12. The communication dated 15.11.2016 issued by respondent no.4 - IGNOU only communicates one of the petitioners that new structure was applicable to all the institutions and he should make necessary arrangements in prescribed activities. This Writ Petition has been filed under the belief that the programme of internship will have to be undergone by the petitioners in different schools and they would be required to take leave for that. Since they assume that they will not get leave of twenty weeks in two years, they have filed this Writ Petition.
13. The stand was taken by the petitioners that prospectus of IGNOU did not give them idea about the internship and the nature of internship. In the first place, this fact will not be material and cannot be used to act in violation of the guidelines, norms and standards fixed by the N.C.T.E. The N.C.T.E. is authority to evolve suitable performance appraisal system. Norms and standards of recognised institution to lay down norms for any specific category of courses and have powers to implement the norms, guidelines and standards. Therefore, the prospectus will not be only document governing the training programmes and teachers education.
14. Secondly, the entire prospectus had not been produced. Only one page of the prospectus is produced. It also shows that there will be conduct of practicals as follows :
Conduct of Practicals :
Practicals will be held in the schools and teacher training colleges/institutions indentified as Programme ::: Uploaded on - 27/04/2018 ::: Downloaded on - 28/04/2018 01:32:36 ::: W.P.3931/2017 15 Centres. As mentioned earlier, the practical courses consist of school-based, workshop-based practicals, practical oriented assignments and practice teaching. These activities will be conducted in the schools. Besides, two practical workshops of 24 days during i.e. 12 days each spreading over 2 years, with intensive face-to-face interaction to develop skills and competencies will also be organised at the Programme Centre or at any other suitable place. The student teachers will have to do practical work and various activities required for the development of teaching skills and competencies in the school under the guidance of the supervisor and principal/headmaster after taking due permission from the school concerned. Overall a student is expected to go through approximately 300 hours of contact time.
Indeed, internship is mandatory even for B.Ed. open and distance learning course. Programme of internship as prescribed by NCTE would be binding on IGNOU.
In the light of the vague statement in the communication that the petitioners will have to undergo the prescribed internship activity, which is mandatory as per the law, this Writ Petition to challenge the communication is devoid of merit.
However, we find that both the parties have no clear idea about the nature of internship which the petitioners are required to undergo and, therefore, it is necessary to refer to the Appendix - 10 in this regard and clarify the situation.
15. It is now necessary to consider what type of internship is contemplated by N.C.T.E. for course of B.Ed. (Open Distance Learning) ::: Uploaded on - 27/04/2018 ::: Downloaded on - 28/04/2018 01:32:36 ::: W.P.3931/2017 16 under Appendix - 10. The relevant part may be stated as follows :
"1. Preamble :
B.Ed. in ODL is a professional programme for in- service teachers, a second degree in teacher education, primarily intended for upgrading the professional competence of working teachers in the upper primary, secondary school and senior secondary level. It aims at preparing in-service teachers for the secondary stage of education, in accordance with the notifications of the NCTE. The programme shall use blended learning modality for design, development and delivery of the programme.
Rule 2 (3) : Duration -
The duration of the programme shall be of two academic sessions/years. However, the students shall be permitted to complete the programme within a maximum period of five years. The commencement and completion of the programme shall be so regulated that two long spells of vacation (summer/ winter/stagged) are available to the learners for guided/supervised instruction and face-to-face contact sessions. The programme can also be sandwiched between summer vacations for face-to-face interaction (besides learners self-study at their choice and pace).
Rule 5 : Only following category of institutions shall qualify to become a Study Centre :
Education Institutions recognised by NCTE for offering the same programme in face-to-face mode and having all the requisite infrastructure and staff as per NCTE norms.::: Uploaded on - 27/04/2018 ::: Downloaded on - 28/04/2018 01:32:36 ::: W.P.3931/2017 17
Rule 6.1 : Curriculum The curriculum of the B.Ed. offered through the face-to-face mode will be the curriculum of the ODL mode in this programme, hence the nomenclature of this programme shall be same and will be referred to as B.Ed. However, since the ODL mode will cater to the in-service teachers, the curriculum will be transacted to systematize and structure the past teaching experiences gathered while teaching. The programme shall use blended learning modality for design, development and delivery of the programme.
The syllabus of B.Ed. for the, face-to-face
programme shall be transformed into distance
mode consisting of Blocks/Units as per credit hours of study. The self-learning materials developed by the institution shall be approved by the Distance Education Council/Bureau.
Rule 6.2 - Programme Implementation :
The B.Ed. ODL Programme aims to prepare teachers who are able to continuously assess and improve their professional practice as teachers by critically reflecting on it, who can understand that teaching is embedded in the social context of the learners and who can engage with content and subject matter that they will be teaching. The student-teachers will also be acquainted with the modes of inquiry and epistemological frameworks of their subjects, familiarise themselves with how children learn so that they can develop and use teaching strategies that are responsive to the learning needs of all their learners in diverse and plural settings of secondary and senior secondary classrooms.::: Uploaded on - 27/04/2018 ::: Downloaded on - 28/04/2018 01:32:36 ::: W.P.3931/2017 18
(a) The university/institution shall develop curriculum-based audio-video resources on its own or adapt such recourses from other institutions or OER's and make those A/V resources available at HQ, regional centres and study centres (and, if possible, directly to the students).
Teleconferencing facilities available in the SRCs, state governments and open universities may also be utilised.
(b) The programme shall be delivered in a blended mode by judiciously mixing the components of resource- based self-learning, face-to-face counseling and workshops, and technology-enabled interaction and learning.
(c) Self-learning materials : The programme shall be conducted with full professional expertise. Self-learning materials, both print and non print, must be based on the principles of instructional design and the pedagogy of self learning, and be duly approved by the DEC. A blended learning approach (integration of methods and media) should be applied. The course materials shall be modular and credit-based.
The study materials shall be made available to the learners in the beginning of the sessions itself either in one go or in a phased manner as per the requirement of the programme.
(d) Contact Programme : Apart from the school based activities and practice teaching, in a programme of two years' duration, the personal contact programme shall cover counseling and workshops, seminar presentations, report writing etc. and must be conducted at the Headquarters and/or Study ::: Uploaded on - 27/04/2018 ::: Downloaded on - 28/04/2018 01:32:36 ::: W.P.3931/2017 19 Centres convenient to the learners for a total period of six months. The personal contact programme shall be conducted as per details given below.
(f) Workshops : ....The Study Centres shall also make arrangement for practice teaching in classrooms and on simulated situations.
(g) School-based activities : The learners pursuing B.Ed. programme through the ODL system shall be involved in activities which a teacher is supposed to perform in the school. The school based activities have been mentioned in the curriculum framework of B.Ed. The learners shall interact with a faculty member (a senior and experienced teacher/principal/faculty of the school/college where the learner is working) to work on school-based activities. Thus a learner shall be supervised/guided by the mentor for a minimum of 15 study hours.
(h) Teaching practice : A learner enrolled in the B.Ed. programme shall go through a teaching practice for three months, in the schools where he/she works, under supervision of senior teacher/academic counselor. Each lesson will be a guided, supervised, assessed, lesson and feedback given. The learner shall be provided constructive feedback on his/her performance (strengths and weakness) by the supervisors/teacher educators. Thus, the learner shall discuss with supervisors/teacher educators the preparation of the lesson plans, delivery of lessons and feedback on the lessons delivered. Each learner shall receive personal supervision and feedback on his/her teaching practice from the teacher.
(j) Programme organisation : Institutions offering B.Ed. through ODL shall maintain their website to enable ::: Uploaded on - 27/04/2018 ::: Downloaded on - 28/04/2018 01:32:36 ::: W.P.3931/2017 20 students to have access to all learning materials and resources, to interact with their peers, to facilitate faculty-student discussion on suitable social media or networking services.
All the institutions offering ODL programmes shall ensure transparency by presenting details on their website regarding students enrollment, list of programme study centres, academic counselors, mentors, regional consultants and the schools where the teacher trainees are expected to them.
8.2 At Study Center:
Curriculum laboratory and learning resource centre, physical education room, Art and Craft room, ICT and Educational Technology, laboratory for workshop/practical work, sufficient number of rooms for individual guidance of trainees in methodology subjects, availability of an elementary practicing school, sufficient number of rooms for organizing contact classes. Other needed facilities like telephone, fax, photocopier machine, internet connection, computers, audio-video players, interactive multi media CD, Edusat receive only (ROT) satellite, or interactive terminal (SIT), LCD projector are required."
16. These rules make it clear that there shall be workshop of six days each year, wherein the petitioners will be required to have practical teaching in classrooms, counseling and workshops, seminar presentations, report writing etc. As far as the 20 weeks internship is concerned, it shall be always in the long vacation of summer and winter and it shall be in the school, where the teachers are already teaching, provided there is infrastructure and facility of secondary ::: Uploaded on - 27/04/2018 ::: Downloaded on - 28/04/2018 01:32:36 ::: W.P.3931/2017 21 teaching and is approved study centre by the University. These guidelines of NCTE indicate use of technology of audio-video resources, use of multimedia CDs and arrangement for practice teaching in classrooms and on simulated situations. Though internship means schools based activities and teaching progress, what is essential is the services of mentor for guidance and supervision.
It is assumed by the petitioner that there will be no students available in the vacation for teaching. It may not be true. In the present days, the ninth standard students are easily available in vacation for Xth standard studies, but apart from it, the above guidelines indicate that modern technology can be used so that the B.Ed. programme for ODL can be undertaken during vacations at the same institute or nearby institute convenient to the teachers on simulated situation by using audio-video CDs, internet facility interactive multi media CDs etc.
17. It is necessary for the petitioners and respondents to closely and minutely go through the norms and standards prescribed by NCTE under the new enactment of 2014 in Appendix - 10 for B.Ed. ODL course and properly understand the mode of practical training and holding workshops and internships. The NCTE has taken due care to avoid any inconvenience to the petitioners. The petitioners will not be required to take leave atleast long leaves for internship and will not be required to go far away at distant place for studies. Even, the offer letter of the petitioners gives a choice for selecting Programme Study Centres. It reads as follows :
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" Programme Study Centre will be allotted to you on the basis of merit in the entrance test and choice of your preference subject to the availability of seats at the Programme Study Centre. In case you fail to attend Admission Counseling on the date and time on which you have been invited for the counseling, you will lose choice of preference. The University will allot you the PSC as per the availability of Seats. No request for change in study centre will be entertained."
18. So, the petitioners have a choice to select the study centre in their town or nearby. It is quite possible that the study hours of secondary schools and study hours of primary schools may be different in different shifts. In that case, the petitioners can attend their duties in the morning or evening shifts and attend the training programme in another shift. The study time is of 300 hours in 20 weeks which comes to around 15 hours per week of five or six days (2 ½ to 3 hours per day). The difficulties expressed by the petitioners in their petition are based on apprehension more imaginary than real and without proper study of the scheme of NCTE made suitable for open distance learners.
19. In the light of above facts, this Court cannot issue directions to the respondents that they should not insist upon internship for new B.Ed. course, as prayed by the petitioners in prayer clause (B). As far as prayer clause (C) is concerned, the communication dated 15.11.2016 does not say anything else than that the petitioners will have to make arrangement to undertake to prescribed internship activity. The same cannot be cancelled or set aside. However, the internship programme and practical workshop for ODL course, as provided in Appendix - 10 are made suitable for ODL and the respondent no.4 shall undertake the same as per Appendix - 10. ::: Uploaded on - 27/04/2018 ::: Downloaded on - 28/04/2018 01:32:36 ::: W.P.3931/2017 23
20. With these observations, we hold that the petition deserves to be dismissed. Accordingly, the writ petition is dismissed. Rule is discharged. No costs.
( A.M. DHAVALE, J.) ( S.V. GANGAPURWALA, J.)
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