Syon Educational And Welfare Society And Another v. The National Council For Teachers Education And ORS

CWP No. 16241-2022 1

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Civil Writ Petition No. 16241 of 2022 (O&M) Date of Decision: 09.08.2024 Syon Educational & Welfare Society and others .....Petitioners versus The National Council for Teachers Education and others .....Respondents CORAM: HON'BLE MR.JUSTICE SHEEL NAGU, CHIEF JUSTICE HON'BLE MR. JUSTICE ANIL KSHETARPAL, JUDGE Present :

Mr. R.Kartikeya, Advocate, for the petitioners. Mr. Karan Singh Gill, Standing Counsel for respondent:NCTE respondents No.1 and 2.

Mr. Akshay Kumar Goel, Advocate, for respondent:No.3 Panjab University.

Mr. Salil Sabhlok, Sr. Deputy Advocate General, Punjab. for respondent No.4.

Mr. Ekjot Sandhu, Advocate, for respondent No.5:GNDU. ****
   


 1.

This petition has been filed by the petitioner-society running a B.Ed. college seeking a direction to the respondent-Panjab University to grant affiliation and permit their college to make admissions for B.Ed. course for the academic session 2022-23. The petitioner also prayed for issuance of a direction to respondent No.5 to include the name of the petitioner college in the list of the colleges enabling the candidates to opt the petitioner-college for pursuing two years B.Ed. course. A further prayer has also been made for quashing the letter dated 23.06.2022 (Annexure P-29) whereby the respondentPanjab University was insisting for re-verification of the NOC thereby delaying the process of admission.

CWP No. 16241-2022 2 2.

It is not disputed at the Bar that on account of the interim order passed by this Court on 05.08.2022, the petitioner college had admitted the students and they have completed their two years course in May-2024 with the result having been declared on 19.07.2024.

3.

This case discloses an extremely sorry state of affairs where due to the irregularities perpetuated by the National Council for Teachers Education (NCTE) of issuance of conditional recognition vide Annexure P:5, which was prohibited in terms of the judgment passed by the Apex Court in
                !"the petitioner college was allowed to admit students in terms of the interim orders passed by this Court on 05.08.2022 and 14.11.2022. The students were allowed to conclude their course and the NCTE did not make any efforts to either vacate the interim orders passed by this Court or bringing the fact of the petitioner:college not having completed the conditions subject to which the conditional recognition was granted.

4.

It is not disputed at the Bar that the University has never granted any affiliation to the said college. The career of the students has been put to peril by conjoint act of the NCTE and the petitioner:college who appear to be hand in glove.

5.

The Apex Court in the case of
        has categorically held that no conditional recognition shall be granted by the NCTE. The relevant portion of the said judgment is reproduced herein for ready reference and convenience::

  

     

           

      

    

   

   

        

  

   

  

 





     



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/  6.

The aforesaid judgment cited supra was pronounced on 06.01.2012 by the Apex Court. The NCTE being well aware of the said law laid down by the Apex Court granted conditional recognition to the petitioner college as late as on 03.03.2015.

7.

In view of the above, this Court is though left with no option, merely in the interest of the students to save their admissions, but certain observations and directions deserve to be passed against the petitioner college as well as the NCTE.

8.

The NCTE is creature of a statute which is obliged to stay away from arbitrariness, favoritism or discrimination. In the present case, the NCTE has left no stone unturned to demonstrate that it was hand in glove with the petitioner college not only by grant of conditional recognition which was prohibited at the relevant point of time but also by not taking any steps to apprise this Court of the deficiencies which the petitioner college continued to be plagued with. The conditions subject to which recognition was granted were also not fulfilled by the petitioner college.

CWP No. 16241-2022 4 9.

It is further unfortunate to note that this Court had summoned the Director of the Northern Regional Committee which is evident from the interlocutory order passed by this Court on 03.10.2023 and he had ensured that the law laid down by the Apex Court in
        will be kept in mind in the future. Despite this assurance having been given in 03.10.2023, the NCTE did not take any steps to inform this Court of deficiencies by filing an application for vacating the interim orders pursuant to which the admissions were made. As such this Court is constrained to saddle the NCTE with exemplary costs of Rs. 10 lacs which shall be recovered from the erring officers after conducting enquiries.

The said costs shall be deposited in favour of the PGI Poor Patients Fund within a period of 60 days from today. Since the facts and circumstances clearly reveal that the petitioner college was hand in glove with the NCTE, the same costs of Rs. 10 lacs is also imposed on the petitioner college which shall also be deposited in favour of the PGI Poor Patients Fund within the same period.

10.

Accordingly, this Court directs that the admission of the students who were admitted by the interim orders dated 05.08.2022/14.11.2022 be regularized and appropriate degrees be issued by the University. 11.

With these observations, the writ petition stands disposed of. (SHEEL NAGU) CHIEF JUSTICE ( 
)    09.08.2024 ravinder Whether speaking/reasoned √Yes/No Whether reportable √Yes/No