Court No. - 39 Case :- WRIT - C No. - 38936 of 2010 Petitioner :- Vivek College Of Education & Another Respondent :- State Of U.P. Thru' Secretary Higher Education & Others Petitioner Counsel :- Dinesh Kumar,Anurag Khanna Respondent Counsel :- C.S.C.,R.A. Akhtar Hon'ble Dilip Gupta,J.
The petitioners have sought the quashing of the order dated 14th
June, 2010 passed by the Northern Regional Committee of the
National Council for Teacher Education by which recognition to
the petitioner-Institution has been withdrawn under Section 17(3)
(b) of the National Council for Teacher Education Act, 1993
(hereinafter referred to as the ‘Act’).
The said order is quoted below:-
“WHEREAS in terms of Section 14(1) of the NCTE Act, 1993
Vivek College of Education, Noorpur, Bijnor Road, Garhwala,
Tehsil – Bijnor, U.P. has submitted an application to the Northern
Regional Committee of NCTE for grant of recognition/permission
for starting B.Ed. Course of one year during with an annual intake
of 100 (One Hundred Only) students on 31.12.2020 and NRC
granted recognition/permission to the institution for conducting
B.Ed. Course for one year duration with an annual intake of 100
students, vide order no.F.NRC/NCTE/F-3/UP-879/3060-3068
dated 21.07.2003.
2. AND WHEREAS, the concerned University, Mahatma Joytiba
Phule Rohilkhand University, Bareilly, Uttar Pradesh issued an
order vide no.E.S.-358 G.S. dated 08.03.2006 communicating the
decision not to grant affiliation to the institution for running B.Ed.
Course.
3. AND WHEREAS the matter was considered by the NRC in its
102nd Meeting, whereby the committee decided to serve Notice
U/s 17 of NCTE Act. Accordingly Show Cause Notice was issued
to the institution on 10.07.2006.
4. AND WHEREAS the institution has not submitted the
representation to the NRC NCTE, the original file of the institution
as well as other documents were duly considered by the NRC in its
161st Meeting held on 26th to 29th May, 2010 the committee
observed the following:
The letter number NRC/NCTE/F-7/UP-878/2006/2575-2576
dated 10th July, 2006 has not been replied till date.
5. AND WHEREAS the committee decides to close the file.
6. NOW THEREFORE, the recognition to Vivek College of
Education, Noorpur Bijnor Road, Garhwala, Tehsil – Bijnor, UP
for B.Ed. Course is hereby withdrawn under section 17(3)(b) of
the NCTE Act 1993.
7. It the institution is not satisfied by the above order they can
prefer an appeal to the council under section 18 of NCTE Act,
1993.”
Sri Anurag Khanna, learned counsel for the petitioners pointed out
that against the order dated 8th March, 2006 passed by the
Chancellor of the Mahatma Jyotiba Phule Rohilkhand University,
Bareilly (hereinafter referred to as the ‘University’), the petitioners
had filed Writ Petition No.16319 of 2006 which had been disposed
of with a direction to the Chancellor of the University to pass a
fresh order within four weeks. He further states that pursuant to the
order passed by this Court, the Chancellor of the University passed
an order on 11th July, 2006 cancelling the order dated 8th March,
2006 and the affiliation granted to the petitioner-Institution was
restored. He further pointed out that subsequently this decision of
the Chancellor of the University was communicated to the
National Council for Teacher Education but the impugned order
has been passed placing reliance upon the said order dated 8th
March, 2006 which has been set aside by the Chancellor of the
University. He, therefore, submitted that the order dated 14th June,
2010 passed by the Northern Regional Committee deserves to be
set aside.
Sri R.A. Akhtar, learned counsel appearing for respondent nos.2
and 3 submitted that the petitioner can file an appeal under Section
18 of the Act.
It is true that an appeal lies under Section 18 of the Act but in the
present case when the order dated 8th March, 2006, on which
reliance has been placed in the impugned order, has itself been set
aside by the Chancellor of the University, it is not a case where the
petitioner should be asked to avail of the alternative remedy.
In view of submissions advanced by Sri Anurag Khanna, the
petitioners are entitled to an interim order.
Learned Standing Counsel appears for respondent no.1 while Sri
R.A.Akhtar appears for respondent nos.2 and 3. They pray for and
are granted four weeks’ time to file the counter affidavit. Rejoinder
affidavit, if any, may be filed within two weeks thereafter.
List this petition for admission/hearing in the week commencing
23rd August, 2010.
Until further orders of this Court, the operation of the impugned
order dated 14th June, 2010 (Annexure No.1 to the writ petition)
shall remain stayed.
Order Date :- 7.7.2010
GS