Calcutta High Court (Appellete Side)
Institute vs Babasaheb Ambedkar University & Ors on 2 November, 2023
Author: Jay Sengupta
Bench: Jay Sengupta
02.11.2023
Item No.22
Court No.5.
S. De/ b.das
WPA 25791 of 2023
Birendranath Sasmal Primary Teachers' Training
Institute.
Vs.
Babasaheb Ambedkar University & Ors.
Mr. Kishore Dutta, Ld. Sr. Adv.
Ms. Sumita Shaw,
Mr. Soumen Chatterjee, ...for the petitioner.
Mr. Kallol Bose,
Mr. Soumya Majumder,
Mr. A. Roy,
Mr. A. Sengupta, ...for the University.
Learned senior counsel appearing on behalf of
the petitioner submits as follows. The petitioner is a
B.Ed. College affiliated with the respondent university.
However, the respondent university is not allowing the petitioner to apply for renewal for affiliation for the current course in its portal. Reliance is placed on a decision of a Division Bench rendered on 19.10.2023 in MAT 1985 of 2023 (Bhakta Bala B.Ed. College Vs. The Babasaheb Ambedkar Education University & Ors) and it is submitted that on those facts which are similar to the present ones, the Division Bench granted relief to the college of provisional renewal of affiliation as also of provisional admission of students. Reliance is also placed on the decision of the Hon'ble Apex Court in Maa Vaishno Devi Mahila 2 Mahavidyalaya Vs. State of Uttar Pradesh & Ors. reported at (2013) 2 SCC 617.
Learned senior counsel appearing on behalf of the respondent/university submits as follows. The allegations made in the writ petition are denied. Subsequent to the decision in Maa Vaishno Devi Mahila Mahavidyalaya (supra), several conditions have been imposed by the NCTE regarding affiliation and admissions in recognized colleges. Among other things, the norms to be prescribed by the other organs in granting affiliation also have to be fulfilled by the colleges. There are several infractions in the instant case. Unlike as per the UGC norms, the teachers are paid paltry sums of Rs.10,000/- per month. It is not in the interest of students that this writ petition is being filed, but more to secure the profits of the private colleges. The facts in the present case are quite different from the ones in Bhakta Bala B.Ed. College (supra).
As the respondent/university has disputed certain facts as contended by the petitioner, the writ petition needs to be decided on affidavits.
Let the respondent authorities file their opposition within a week from date. Reply, if any, be filed within a week thereafter.
In the mean time the respondent university shall allow the petitioner college to apply for renewal of 3 affiliation through their portal by sending necessary link by today i.e. 02.11.2023 at 11:00 P.M. The concerned university shall decide the question of affiliation by tomorrow i.e. 03.11.2023 at 12 noon.
It shall also be open to the petitioner to give necessary undertaking/s about curing the purported deficiencies.
Report in the form of affidavit be filed by the university before this Court on November 8, 2023.
List this matter before the appropriate Vacation Bench on November 8, 2023.
Learned counsel for the petitioner shall be at liberty to communicate a gist of this order to the concerned authority.
The parties are to act on server copy duly downloaded from the official website of this Court.
(Jay Sengupta, J.)