Professional Documents
Culture Documents
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JAY GURUDUTTA GIRNARI MAHARAJ COLLEGE OF
EDUCATION....Petitioner(s)
Versus
NATIONAL COUNCIL FOR TEACHERS EDUCATION - WESTERN REGION
& 2....Respondent(s)
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Appearance:
MS SRUSHTI A THULA, ADVOCATE for the Petitioner(s) No. 1
MR PS CHAMPANERI, ADVOCATE for the Respondent(s) No. 1 - 2
MR AR THACKER, ADVOCATE with MR SHIVANG THACKER, ADVOCATE
for the Respondent(s) No. 3
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Date : 05/08/2015
Page 1 of 21
ORAL JUDGMENT
prayed for the following reliefs:
“[A] Your Lordships may be pleased to
admit and allow the present petition.
[B] Your Lordships may be pleased to
issue a writ of certiorari or a writ
in nature of certiorari or any other
appropriate writ/s, order/s, and/or
direction/s be pleased to quash and
set aside the orders dated 28.9.2011
and 15.2.2012 and let the petitioner
institute function as if the
recognition order at AnnexureA is
still in force.
Page 2 of 21
2. It appears from the record that the petitioner
College as provided under Sections 14 and 15 of
Act” for the sake of brevity). It appears that
annual intake of 100 students for the academic
petitioner started the College for B.Ed. Course
for one year duration. It is the case of the
petitioner that thereafter, the petitioner got
petitioner was served with a show cause notice
Page 3 of 21
into an order dated 28.1.2010/4.2.2010, whereby
recognition. It is a matter of record that the
petitioner filed a writ petition being Special
Civil Application No.6545 of 2010. The Division
Bench of this Court (Coram: Hon’ble the Chief
dated 16.6.2010 issued certain directions based
upon the judgment rendered in identical matter
2009. It appears that the respondent – Council,
on the basis of the said order, also appointed
conducted the inspection of the institution run
Page 4 of 21
report, the respondent – Council issued a show
cause notice to the petitioner dated 21.6.2011.
withdrawal of recognition dated 28.9.2011. The
dismissed confirming the order of withdrawal of
Both the orders are impugned in this petition.
3. Respondent Nos.1 and 2 have filed affidavitin
and as per the report of the visiting team, six
even at the stage of appeal, the representative
Page 5 of 21
contentions in support of the impugned orders.
Regulations and therefore, the impugned orders
are legal and valid. Respondent No.3–University
has also filed affidavit dated 9.7.2012 and has
contended that as the recognition was withdrawn
also cancelled by the respondent – University.
Relying upon the judgment of the Apex Court in
Respondent No.3 – University has also filed a
University, as an examining body, shall be free
Page 6 of 21
dismissed.
4. It may be noted that the petitioner has filed a
contentions raised by the respondents in their
affidavits.
learned advocate for respondent Nos.1 and 2 and
respondent No.3 – University.
6. Ms. Srushti A. Thula, learned advocate for the
contentions:
Page 7 of 21
6.1 It is contended that after the order was passed
and has come out with different reasons.
and more particularly, Regulations of 2004.
6.3 It is further contended that the reasons given
contrary to the record. It is further contended
that building of the petitioner institution is
year 2012.
apply and not the present Regulations of 2014.
Page 8 of 21
It is contended that even such opportunity was
on nongermane grounds.
interference is called for by this Court in its
extraordinary jurisdiction under Article 226 of
relying upon the affidavits of respondent Nos.1
the appellate authority have examined the issue
before it and because of noncompliance of the
that it does not have adequate land as per the
amended from time to time for establishing and
Page 9 of 21
contended that the petitioner has not complied
Bench of this Court had given time limit which
therefore, the petition is misconceived and the
same deserves to be dismissed.
affidavits. Mr. Thacker, relying upon the ratio
laid down in the case of Shri Morvi Sarvajanik
(supra), contended that the petitioner College
being an unrecognized institute, no affiliation
and the petition deserves to be dismissed.
Page 10 of 21
appearing for the respective parties.
well as on perusal of the impugned orders and
the petitioner was subject to compliance of the
applicable. The Division Bench, while disposing
of the earlier petition filed by the petitioner
observed thus:
Page 11 of 21
ii) Institutions after curing all the
defects not later than by 7.1.2011,
shall intimate to the NCTE that
defects have been cured and invite
the inspection team to carry out
inspection.
If any institution fails to send such
a communication within the time
permitted, its recognition shall
automatically stand withdrawn without
requirement of passing any order.
Though students already admitted
shall not be affected by such
withdrawal, the institution will not
be permitted to admit any students in
the next academic year.
Page 12 of 21
vi) In view of above directions, all
the orders cancelling recognition of
the institutions are set aside. It is
clarified that quashing of orders
passed by the NCTE is not on merits,
but only to enable the institutions
to fulfill all the requirements
within the extended time."
defects and confirm to all the norms of NCTE.
the institution of the petitioner, wherein six
Page 13 of 21
defects were found as under:
[i] College/Trust not having land and building
in its name as required by NCTE Norms.
[ii] Lease of license agreement is given which
is not as per NCTE Norms.
appointed.
[iv] Inadequate built up area.
[v] Inadequate laboratory and library facility.
competent authority was not submitted along
with the application that was required as
NCTE Norms and Standards 2005.
particularly, the order dated 15.2.2012 passed
by the appellate authority of the respondent –
Page 14 of 21
Council has formed an opinion while passing the
order dated 28.9.2011 that the petitioner trust
has not removed the following 3 defects:
is not valid.
[ii] Inadequate built up area.
[iii]Principal and staff not appointed.
13. In order to examine this, the observations made
referred to, which are as under:
Page 15 of 21
Page 16 of 21
Maths methods etc.”
Sarvajanik Kelavni Mandal Sanchalit MSKM B.Ed.
Court has observed thus:
“11. Mushroom growth of illequipped,
understaffed and unrecognized
educational institutions was noticed
by this Court in State of Maharashtra
v. Vikas Sahebrao Roundale and Ors.
(1992) 4 SCC 435. This Court observed
that the field of education had
become a fertile, perennial and
profitable business with the least
capital outlay in some States and
that societies and individuals were
establishing such institutions
without complying with the statutory
requirements. The unfortunate part is
that despite repeated pronouncements
of this Court over the past two
decades deprecating the setting up of
such institutions. The mushrooming of
the colleges continues all over the
country at times in complicity with
the statutory authorities, who fail
to check this process by effectively
Page 17 of 21
able to remove the defects which were shown so
as to comply with the requirements of the norms
of the Council. Though there is no challenge to
the action of the respondent – University, Mr.
Thacker, learned advocate for respondent No.3
unrecognized College cannot have affiliation of
were issued deserves to be negatived, inasmuch
institution of the petitioner trust as per the
defects which were considered by the Council in
Page 18 of 21
dated 28.11.2009, three defects were found, is
of the appeal, the petitioner in a way admitted
that there are defects. There is no cogent or
there is any compliance to the norms including
advocate for the petitioner to the effect that
advocates appearing for the respective parties
of the B.Ed. Course is now two years in place
Page 19 of 21
B.Ed. The Division Bench, while partly allowing
petitioner, was also pleased to give a specific
time to remove the defects. Though the learned
advocate for the petitioner has contended that
orders and it can be rectified, the same is an
previous academic year and having not complied
cannot be permitted to say that the old norms
would apply. The petitioner had applied in the
year 2005 and in light of the observations made
in the impugned orders, the petitioners cannot
now be permitted to contend that NCTE Norms of
impugned passed by the Appellate Committee, the
of 1500 sq. mtrs. and therefore, the petitioner
Page 20 of 21
stood then. This Court finds that there is no
error much less any error apparent on the face
of the record and the petition deserves to be
dismissed and is hereby dismissed. Considering
the fact that the pattern and the duration of
course is already changed, as observed in this
judgment, it would be open for the petitioner
applicable.
discharged. Interim relief granted earlier, if
any, stands vacated. There shall be no order as
to costs.
(R.M.CHHAYA, J.)
mrp
Page 21 of 21