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SCA/1586/2009 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 1586 of 2009
With
SPECIAL
CIVIL APPLICATION No. 1587 of 2009
=============================================
PATEL
YOGESHBHAI VASANTBHAI & 1 - Petitioner(s)
Versus
NATIONAL
COUNCIL FOR TEACHERS EDUCATION WESTERN REGIONAL & 3 -
Respondent(s)
=============================================
Appearance :
MRDHARMESHCGURJAR
for Petitioner(s) : 1 - 2.
NOTICE SERVED BY DS for Respondent(s) :
1 - 3.
MR AJ SHASTRI for Respondent(s) : 1,
MR AJ DESAI RULE
SERVED for Respondent(s) : 2 - 4.
MR HARSHADRAY A DAVE for
Respondent(s) : 3,
=============================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 29/03/2010
ORAL
ORDER
(
Per : HONOURABLE MR.JUSTICE AKIL KURESHI )
Special
Civil Application No.1586 has been preferred by the private
individual students who had been admitted by the Shantaram Bhatt
College of Education (B.Ed.) for the academic year 2008-09 without
recognition. They seek regularization of their admissions. Special
Civil Application No.1587 of 2009 has been filed by the Shantaram
Bhatt College of Education (B.Ed.) challenging the decision of the
National Council of Teacher Education (For short NCTE ) not
granting them recognition for the year 2008-2009 and of cancelling
the recognition granted for the year 2009-2010.
The
College had asked for recognition by the NCTE for B.Ed. (Co-Ed.)
course for the year 2008-2009. Provisional recognition was granted by
the NCTE by order dated 9th / 19th September
2008. Provisional recognition order clearly stipulated in Para-4 that
admission should not be made until formal recognition order is
granted by the NCTE and affiliation is obtained from the University.
In Para-3 of the provisional recognition order it was provided inter
alia that before grant of formal recognition, the College shall make
appointment of Faculty / Staff by a duly constituted Selection
Committee and ensure selection of candidates possessing qualification
as prescribed under the Rules. After obtaining provisional
recognition, the College had to take certain important steps such as
appointment of qualified teaching and non-teaching staff before
seeking formal final recognition. The college was also informed in
clear terms not to admit the students before formal recognition.
Without
waiting for formal recognition from the NCTE, the College admitted
the students for the academic year 2008-2009 some time in October,
2008. However, NCTE did not recognize the said admissions, therefore,
the students approached this Court by filing Special Civil
Application No.1586 of 2009.
When
these facts came to the knowledge of NCTE, the NCTE also cancelled
the subsequent recognition granted to the institution for the
academic year 2009-2010. These decisions are questioned by the
College in Special Civil Application No.1587 of 2009.
Having
heard learned counsels for the parties, we notice that defying clear
conditions of the provisional recognition order, the College had
admitted students on 02.08.2009. It is also admitted position that
for the academic year 2008-2009, no final/formal recognition was ever
granted by the NCTE. In that view of the matter, the students cannot
seek regularization of their admissions for the academic course for
which recognition was never granted by the NCTE for that particular
academic year.
In
view of the above facts, we see no merits in the challenge made by
the students, so also by the College on this point. No direction can
be given for granting recognition to the petitioner-college for the
academic year 2008-2009. Further, it is also an admitted position
that for academic year 2009-2010, in view of cancellation of
recognition, the College had not admitted any students, nor the
University had allocated students to the college. No retrospective
order can be granted giving recognition for the academic year
2009-2010. Both the petitions therefore must fail.
Despite
above order, it would be open for the petitioner- college to apply to
NCTE for fresh recognition in accordance with the Rules if the
College is fulfilling all the norms and conditions and in turn, the
NCTE shall consider such a request, if made. We are informed that the
students were admitted by the University in the petitioner-college in
the year 2008-2009 and the University has also awarded degree
certificates to the students upon completion of the course. It would
be open for the students to apply for regularization of their
admissions and also for notional recognition for the year 2008-2009
by making representation to the NCTE for consideration of their cases
sympathetically.
With
the aforesaid observations and directions, both the Special Civil
Applications stand disposed of.
(S.
J. MUKHOPADHAYA, C.J. )
(
AKIL KURESHI, J. )
kailash
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