Delhi High Court High Court

National Council For Teacher … vs Akash College Of Education & … on 20 March, 2009

Delhi High Court
National Council For Teacher … vs Akash College Of Education & … on 20 March, 2009
Author: Sanjiv Khanna
LPA Nos. 676/2008, 677/2008, 712/2008, 713/2008, 714/2008,
715/2008, 716/2008, 717/2008, 718/2008 and 719/2008                   Page 1


                                                             REPORTABLE

*     IN THE HIGH COURT OF DELHI AT NEW DELHI

+     LETTERS PATENT APPEAL Nos. 676/2008, 677/2008,
      712/2008, 713/2008, 714/2008, 715/2008, 716/2008, 717/2008,
      718/2008 and 719/2008

                                   Date of Decision: 20th March, 2009

      NATIONAL COUNCIL FOR TEACHER EDUCATION Appellant
                            Through Mr. V.K. Rao, Advocate.

                                 versus

      AKASH COLLEGE OF EDUCATION & ANR. ..... Respondents
                                      in LPA No. 676/2008.
                          Through Mr. Sanjay Sharawat,
                           Advocate.

      NARAYANA COLLEGE OF EDUCATION....Respondent in LPA
                                         No. 677/2008.
                           Through Mr. Sanjay Sharawat,
                           Advocate.

      KESHAV COLLEGE OF EDUCATION              ....Respondent in LPA
                                                   No. 712/2008.
                                     Through None.

      SHARDDHANATH TEACHER EDUCATION...Respondent in
                                       LPA No. 713/2008.
                         Through Mr. Sanjay Sharawat,
                         Advocate.

      AANASAGAR STC COLLEGE                    ...Respondent in LPA
                                                 No. 714/2008.
                                     Through None.

      BUDHA COLLEGE OF EDUCATION & ORS....Respondents in
                                        LPA No. 715/2008.
                          Through Mr. Sanjay Sharawat,
                          Advocate for Respondent No. 3.

      R.R. MEMORIAL COLLEGE OF EDUCATION...Respondent in
                                          LPA No. 716/2008.
                            Through None.
 LPA Nos. 676/2008, 677/2008, 712/2008, 713/2008, 714/2008,
715/2008, 716/2008, 717/2008, 718/2008 and 719/2008                 Page 2




      SRI SATYA SAI COLLEGE OF EDUCATION...Respondent in
                                           LPA No. 717/2008.
                             Through Mr. Sanjay Sharawat,
                             Advocate.

      MAHABIR COLLEGE OF EDU. FOR WOMEN...Respondent
                                      in LPA No. 718/2008.
                           Through None.

      MAHARAJ AGARASAIN COLLEGE OF EDU...Respondent in
                                        LPA No. 719/2008.
                          Through None.

      CORAM:
      HON'BLE MR. JUSTICE AJIT PRAKASH SHAH, CHIEF JUSTICE
      HON'BLE MR. JUSTICE SANJIV KHANNA


      1. Whether Reporters of local papers may be

      allowed to see the judgment?

      2. To be referred to the Reporter or not ?             Yes.

      3. Whether the judgment should be reported

      in the Digest ?                                        Yes.


SANJIV KHANNA, J.

These Letters Patent Appeals have been preferred by National

Council for Teacher Education (hereinafter referred to as NCTE, for

short) against different judgments passed by learned Single Judge

allowing the writ petitions filed by educational institutions. By the

impugned judgments, the appellant-NCTE has been directed to grant

approval to the respondents-educational institutes for additional

intake of students in B.Ed course.

LPA Nos. 676/2008, 677/2008, 712/2008, 713/2008, 714/2008,
715/2008, 716/2008, 717/2008, 718/2008 and 719/2008 Page 3

2. NCTE is a Council established under the provisions of National

Council for Teacher Education Act, 1993 with the function to lay down

standards and fix norms for educational institutes conducting and

imparting teacher education and training programmes like B.Ed.

NCTE in 2002 had framed regulations in a consolidated form for grant

of recognition and permission for starting a course in training of

teachers’ education. Regulation 8 of the 2002 Regulations relating to

conditions for grant of recognition, however, became subject matter

of relaxation by amendments made in 2005 and 2006.

3. On 27th November, 2007, National Council for Teacher

Education (Recognition Norms and Procedure) Regulation, 2007

(hereinafter referred to “2007 Regulations”) was framed and they

came into effect on publication in the Official Gazette on 10th

December, 2007. 2007 Regulations prescribe eligibility criteria both

for starting of a new institute, a new course or increase in intake of

students in an existing recognized course.

4. Regulation 5(4) of 2007 Regulations stipulates that the cut off

date for submission of applications for both new courses and

additional intake, to the Regional Committee shall be 31st October of

the preceding year to the academic session for which recognition has

been sought. This obviously created difficulty as the 2007

Regulations were framed and notified after 31st October, 2007 and as
LPA Nos. 676/2008, 677/2008, 712/2008, 713/2008, 714/2008,
715/2008, 716/2008, 717/2008, 718/2008 and 719/2008 Page 4

the stipulation fixing the last date of receipt of applications had been

enacted for the first time. Educational institutes were taken by a

surprise in so far as admission for the academic year 2008-09 was

concerned. By the time 2007 Regulations were framed, last date for

receipt of applications for academic year 2008-09 had expired.

5. We may record here that the NCTE by the Notification dated 1st

July, 2008 has partly modified Regulation 5(5) of the 2007

Regulations in so far as time limit for making of the applications for

recognitions/permissions for the academic courses for the year 2008-

09 are concerned. Educational institutes will be entitled to benefit of

Notification dated 1st July, 2008, which reads as under:-

“Clause 5(5) of the NCTE (Recognition Norms
and Procedure) regulation, 2007 is modified
as under only for grant of
recognition/permission for starting various
teacher training courses for current academic
session i.e. 2008-2009.

All complete applications pending with the
Regional Committee shall be processed for
the current academic session i.e. 2008-2009
in accordance with the provisions of relevant
Regulations and maintaining the chronological
sequence and final decision, either recognition
granted or refused shall be communicated by
31st August, 2008.”

6. 2007 Regulations, as per the respondent-educational institutes,

have introduced and inducted stringent and stiff conditions for grant

of recognition to new courses and increase in intake of student called
LPA Nos. 676/2008, 677/2008, 712/2008, 713/2008, 714/2008,
715/2008, 716/2008, 717/2008, 718/2008 and 719/2008 Page 5

units in the recognized educational institutes. Regulations 8(2), 8(3),

8(4), 8(5) and 8(6) read as under:

“Conditions for grant of recognition:
(2) In the first instance, an institution shall be
considered for grant of recognition for only one
course for the basic unit as prescribed in the
norms & standards for the particular teacher
education programme. An institution can apply for
one basic unit of an additional course from the
subsequent academic session. However,
application for not more than one additional course
can be made in a year.

(3) An institution shall be permitted to apply for
enhancement of course wise intake in teacher
education courses already approved after
completion of three academic sessions of running
the respective courses.

(4) An institution shall be permitted to apply for
enhancement of intake in Secondary Teacher
Education Programme-B.Ed & B.P. Ed.
Programme, if it has accredited itself with the
National Assessment and Accreditation Council
(NAAC) with a Letter Grade B developed by
NAAC.

(5) An institution that has been granted
additional intake in B.Ed. and B.P.Ed. teacher
training courses after promulgation of the
Regulations, 2005 i.e. 13.1.2006 shall have to be
accredited itself with the National Assessment and
Accreditation Council (NAAC) with a Letter Grade
B under the new grading system developed by
NAAC before 1st April, 2010 failing which the
additional intake granted shall stand withdrawn
w.e.f. the academic session 2010-11.

(6) All the applications for additional intake in
B.Ed. and B.P.Ed received on or before the date
of this notification in the Gazette of India shall be
considered as per the provisions of the
Regulations 2005 notified on 13-1-06. However,
LPA Nos. 676/2008, 677/2008, 712/2008, 713/2008, 714/2008,
715/2008, 716/2008, 717/2008, 718/2008 and 719/2008 Page 6

the provisions of Regulation 8(5) above shall also
be applicable to them.”

7. Several educational institutes filed writ petitions challenging

vires of Regulations 8(2), 8(3), 8(4) and 8(6) and/or failure/rejection of

their request for recognition of new courses or for enhancement of

intake of students.

8. One of such writ petitions which was filed was W.P. (C) No.

1119/2008 titled Shiksha Parishad Kanya Gurukul, Julana Vs.

National Council for Teacher Education. By an interim order dated

11th April, 2008 in the said case, NCTE was directed to consider the

application of the petitioner therein for enhancement/additional intake

of students to B.Ed course. The application was rejected for non-

compliance and failure to meet the conditions of Regulations 8(2) and

8(3) of 2007 Regulations and other reasons. Subsequently on 21st

May, 2008, the Division Bench in Writ Petition (Civil) No. 1119/2008

recorded a concession made by NCTE that they would process the

application filed by the petitioner therein without insisting upon

eligibility requirement of three academic sessions and accreditation

with National Assessment and Accreditation Council (NAAC for short)

provided other requirements were met. The said order reads

“WP(C) NO.1119/2008 & CM NO.2184/2008
Learned Counsel for the Respondent
Mr.V.K.Rao submits that a communication has been
LPA Nos. 676/2008, 677/2008, 712/2008, 713/2008, 714/2008,
715/2008, 716/2008, 717/2008, 718/2008 and 719/2008 Page 7

sent by the respondent to the petitioner. He states
that although in the said communication the
eligibility criteria of having three academic sessions
has been mentioned as also the requirement of
having accreditation with NAAC. The respondent for
the purpose of processing and approval of this
application would not insist on these two criterion.
Learned counsel for the petitioner has pointed out
that the accreditation from NAAC can be obtained in
time i.e. before 01.04.2010 [Refer page 61 of the
paper book].

Learned counsel for the respondent submits
that there are requirements regarding building
regulations for the specified number of seats which
has to be complied with. He assures that a physical
inspection would be carried out within a week.
Petitioner would be at liberty at that point of time to
satisfy the respondents regarding its compliance
with the building regulations and/or give any
undertaking with regard to the additional coverage,
deletions or alterations as may be required within a
time bound framework.

Renotify on 29th May, 2008.”

9. The said writ petition was disposed of on 29th May, 2008 after

recording that NCTE had carried out inspection and was satisfied.

The question regarding challenge to the vires of Regulations 8(3) and

8(4) of the 2007 Regulation was left open. The order dated 29th

May,2008 is as under:-

“WP [C] NO.1119/2008 & CM NO.2184/2008 &
7594/2008

Pursuant to the order passed on 21st May
2008 we are informed that an inspection has been
carried out and an inspection report has been
received by the Counsel which is in a sealed cover.

LPA Nos. 676/2008, 677/2008, 712/2008, 713/2008, 714/2008,
715/2008, 716/2008, 717/2008, 718/2008 and 719/2008 Page 8

Mr Sanjay Sharawat, learned counsel for the
Petitioner submits that the inspection was carried
out in the presence of Petitioner and they were
satisfied with the inspection proceedings.

Mr. V.K.Rao, learned Counsel for the
respondent says that the Regional Committee which
was to consider the report has been dissolved by
the Chairperson.

Let the inspection report be processed by the
competent authority as in our view there can be no
vacuum simply because the Chairperson has
dissolved the concerned committee. If necessary
the Chairperson can take decision itself. Matter be
taken up expeditiously.

The question regarding challenge to the vires
of Regulation 8(3) and 8(4) of National Council for
Teacher Education Regulations is left open.

Writ Petition is disposed of with no order as to
costs.

Order dasti.”

10. Similar other writ petitions have been disposed of both by

Division Benches and Single Judges on the basis of orders passed in

W.P. (C) No. 1119/2008 titled Shiksha Parishad Kanya Gurukul,

Julana Vs. National Council for Teacher Education holding, inter

alia, that the NCTE will not insist upon compliance with Regulations

8(3) and 8(5) of the 2007 Regulations.

11. While disposing of the writ petitions, the Division Benches and

the Single Judges have uniformly rejected the contention of NCTE
LPA Nos. 676/2008, 677/2008, 712/2008, 713/2008, 714/2008,
715/2008, 716/2008, 717/2008, 718/2008 and 719/2008 Page 9

that, W.P. (C) No. 1119/2008 titled Shiksha Parishad Kanya

Gurukul, Julana Vs. National Council for Teacher Education was

decided on a concession given by NCTE in the said case and,

therefore, should not be applied to other cases. The contention of

NCTE that concession given was contrary to the 2007 Regulations

was also rejected on the ground that the NCTE must follow the

principle of parity and uniformity, specially as this was the first year

after the 2007 Regulations had come into operation. It was also held

that NCTE had power to relax the Regulations and if relaxation was

granted in the case of Shiksha Parishad Kanya Gurukul, same

relaxation should be granted in other cases.

12. In these circumstances, NCTE filed a review/clarification

application in the disposed of writ petition No.1119/2008 filed by

Shiksha Parishad Kanya Gurukul and the following Order was passed

on 25th July, 2008:-

“RP NO. 253/2008 & CM NO. 10195/2008 IN WP[C]
NO.1119/2008

We have heard learned counsel for the
respondent/review petitioner in support of the review
petition. In the interest of justice, we are disposing of
review petition by allowing CM 10195/2008 i.e.
application under Section 5 of the Limitation Act.

We have perused our orders dated 11th April, 21st
May as well as 29th May, 2008. The orders are self
explanatory and in our view, they do not call for or
require any elaboration or clarification. Mr. V.K.Rao
has been at pain to urge that the statement which he
LPA Nos. 676/2008, 677/2008, 712/2008, 713/2008, 714/2008,
715/2008, 716/2008, 717/2008, 718/2008 and 719/2008 Page 10

made on 21st May, 2008 was following the order
passed on 11th April, 2008 and it was without prejudice
to the rights and contentions and was confined to the
facts of this writ petition. Our orders dated 21st May,
2008 itself records him statement, relevant part of
which is as under:-

“…. He states that although in the said
communication, the eligibility criteria of
having three academic session has been
mentioned as also the requirement of having
accreditation with NAAC, the respondent, for
the purpose of processing and approval of
this application (emphasis supplied), would
not insist on these two criteria.”

In view of the foregoing and considering that
even while disposing the writ petition on 29th May,
2008 it was recorded that “challenge to the vires of
Regulation 8(3) and 8(4) of National Council for
Teacher Education Regulations is left open”, no further
clarification as is sought is required.

Review petition stands disposed of.”

13. NCTE has preferred Special Leave Petitions before the Supreme

Court and notices have been issued. Interim stay has also been

granted in cases where recognition has not been granted.

14. In LPA No. 715/2008 titled Budha College of Education and

Others Vs. National Council for Teacher Education, LPA No.

716/2008 titled R.R. Memorial College of Education Vs. National

Council for Teacher Education, LPA No. 718/2008 titled Mahabir

College of Education for Women Vs. National Council for
LPA Nos. 676/2008, 677/2008, 712/2008, 713/2008, 714/2008,
715/2008, 716/2008, 717/2008, 718/2008 and 719/2008 Page 11

Teacher Education and LPA No. 719/2008 Maharaja Agarsain

College of Education Vs. National Council for Teacher Education

permissions/approvals have already been granted. In these

circumstances, therefore, the stay applications as filed by NCTE are

dismissed. In other cases, where permission/approval have not been

granted, the operation of the impugned Order directing grant of

recognition/approval, is stayed.

15. The other issue which requires examination in the present

appeals is in respect of interpretation of Regulations 8(2) and 8(3).

This issue has arisen in LPA Nos.676/2008 and 677/2008 as NCTE

has rejected the applications of the educational institutes, inter alia,

holding that Regulation 8(2) of the 2007 Regulations is applicable

even when an institute applies for additional intake of students in an

existing recognized course. The applications filed have been rejected

under Regulation 8(2) of 2007 Regulations observing:-

” With reference to your letter dated 15.05.08
and as per the cause (sic) 8(2) of the New
Regulations promulgated on 10.12.2007:- “In
the first instance, an institution shall be
considered for grant of recognition for only
one course for the basic unit as prescribed in
the norms and standards for the particular
teacher education programmed(sic). An
institution can apply for one basic unit of
an additional course from the subsequent
academic session. However, application
for not more than one additional course
can be made in a year.” (emphasis supplied)
LPA Nos. 676/2008, 677/2008, 712/2008, 713/2008, 714/2008,
715/2008, 716/2008, 717/2008, 718/2008 and 719/2008 Page 12

16. Regulations 8(2) and 8(3) operate in different circumstances.

The 2007 Regulations provide for recognition of an institute at the first

instance, recognition of a new course in earlier recognized institute

and increase in intake of students by a recognized institute in an

earlier recognized course.

17. Regulation 8(2) applies when an application is made by an

institute for obtaining recognition for first time. The said Regulation

stipulates that the institute so applying will be granted recognition in

one course for the basic unit and not in more than one course. After

recognition is granted, the freshly recognized institute can apply for

one basic unit of an additional or a new course but in the subsequent

academic session. Therefore, if an institute is granted recognition in

the academic session 2007-2008, it can apply for one basic unit of an

additional course in the subsequent academic session in 2008-2009

and not earlier. The last part of the said Regulation stipulates that

application can be made only for one additional course in an

academic year. Therefore, an institute cannot apply for more than

one additional course in an academic year.

18. Regulation 8(3), on the other hand, does not deal with

recognition of an institute for the first time or recognition of an

additional course for the first time in a recognized institute.

Regulation 8(3) of 2007 Regulations deals with enhancement of the
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715/2008, 716/2008, 717/2008, 718/2008 and 719/2008 Page 13

course wise intake, i.e. increase in number of students, which can be

admitted to an already recognized course in a recognized institute.

19. Thus, the field and the area of operation of Regulations 8(2)

and 8(3) are different. Regulation 8(2) applies to an institute which

seeks recognition for the first time in respect of a course. In such

cases, the institute is entitled to undertake one course with intake of

one basic unit only in the initial year when recognition is granted.

Further, a recognized institute can apply and seek recognition for one

additional course but in the subsequent academic year. Regulation

8(3) permits/allows educational institutes to apply for and seek

permission for increase in number of units or students which can be

admitted to course which are already approved. In this regard, we

agree with the findings of the learned Single Judge interpreting

Regulations 8(2) and 8(3). To this extent we do not find any merit in

the present appeals filed by NCTE.

20. During the course of hearing, NCTE has stated that Akash

College of Education and S.S. College of Education have withdrawn

their application for grant of permission. If this is correct, the said

institutes will not be entitled to benefit of this order. Accordingly,

Appeals filed by NCTE on the question of interpretation of

Regulations 8(2) and 8(3) of the 2007 Regulations are dismissed.

However, all the Appeals on the question of compliance with
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715/2008, 716/2008, 717/2008, 718/2008 and 719/2008 Page 14

Regulations 8(2), 8(3), 8(4) and 8(5) are admitted. The stay

applications in LPA Nos. 715, 716, 718 and 719/2008 are dismissed

as NCTE has already granted approval/permission. In other Appeals

where permission/approval has not been granted, the operation of the

impugned Order/judgments is stayed. Liberty is granted to the

parties to make an application for early hearing and disposal of the

Appeals after the decision of the Supreme Court.

(SANJIV KHANNA)
JUDGE

(AJIT PRAKASH SHAH)
CHIEF JUSTICE
MARCH 20, 2009
VKR/P