SCHOOL OF PHYSICAL EDUCATION AND SPORTS DEVELOPMENT, OPJS UNIVERSITY vs NATIONAL COUNCIL FOR TEACHER EDUCATION & ANR.
$~94
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 962/2024 & CM APPL. 15368/2024, CM APPL. 15369/2024, REVIEW PET. 92/2024
SCHOOL OF PHYSICAL EDUCATION AND SPORTS DEVELOPMENT, OPJS UNIVERSITY ….. Petitioner
Through: Mr. Sanjay Sharawat, Adv. with Mr. Ashok Kumar, Advs.
versus
NATIONAL COUNCIL FOR TEACHER EDUCATION & ANR. ….. Respondents
Through: Mr. Balbir Singh, Sr. Adv. with Ms. Mrinalini Sen, Mr. Naman Tandon, Ms. Madhawi Agarwal, Mr. Kaif, Ms. Shweta Singh and Mr. Mohit Yadav, Advs. for NCTE
CORAM:
HON’BLE MR. JUSTICE C. HARI SHANKAR
O R D E R (O R A L)
% 13.03.2024
Review pet. 92/2024
1. This is an application by the National Council for Teacher Education (NCTE) seeking recall and review of judgment dated 8 February 2024 passed by this Court in the present writ petition i.e., WP (C) 962/2024.
2. WP (C) 962/2024 had been instituted by the School of Physical Education and Sports Development, OPJS University, seeking issuance of a formal order of recognition under Section 14 of the National Council for Teacher Education Act, 1993 (the NCTE Act) for conducting of the D.P.Ed course with 100 students w.e.f. the 2016-17 academic year.
3. It was pointed out that the Northern Regional Committee (NRC) of NCTE in its 250th meeting held on 3 March 2016 taken a decision to grant formal recognition to the petitioner institution for the aforesaid course w.e.f. 2016-17, but that no formal recognition order under Section 14(4) of the NCTE Act was issued.
4. The decision taken by the NRC on its 250th meeting held on 3 March 2016, to the extent it applies to the petitioner, may be reproduced thus:
The original file of the Institution alongwith other related documents, NCTE Act, 1993, Regulations and Guidelines of NCTE published from time to time were carefully considered by NRC and following observation was made:
The Committee decided that recognition be granted to the institution for D.P.Ed. course for two units (100 students) under clause 7(16) of the NCTE Regulations, 2014 from the academic session 20I6-2017.
5. Thus, there was a clear decision taken by the NRC in its 250th meeting to grant recognition to the petitioner institution for conducting its D.P.Ed course for two units (100 seats) from the academic session 2016-17.
6. Mr. Balbir Singh, learned Senior Counsel appearing for the NCTE in support of the present review petition, submits that the OPJS university, to which the petitioner institution claims affiliation, has been created under the OPJS University, Churu Act 2013, which does not permit the university to grant affiliation to any third party institutions.
7. Mr Balbir Singh submits that every recognised institution is required to be affiliated to an University. In the application seeking recognition of the petitioner institution, it was stated that the institution was proposed to be affiliated to the OPJS University. Mr. Balbir Singh, therefore, seeks a modification of the order under review dated 8 February 2024 to make compliance with the direction to pass a formal order of recognition under Section 14(4) subject to the NCTE verifying that the petitioner institution is actually affiliated with the OPJS University.
8. On a perusal of Sections 141 and 162 of the NCTE Act, I do not find that a fit ground for reviewing or modifying the order dated 8 February 2024 exists in the present case.
9. The grant of recognition is envisaged by Section 14(4) of the NCTE Act. It is a culmination of the exercise commencing with the submission of an application for grant of recognition. The procedure to be followed before a formal order of recognition is passed under Section 14(4) is set out in sub-sections (1) to (3) of Section 14.
10. In none of these provisions is there any reference to affiliation with a particular University. The issue of affiliation to a University is, therefore, not statutorily a pre-condition for passing of a formal order of recognition under Section 14(4) of the NCTE Act. Indeed, had it been a statutory pre-condition, there is no reason why the NCRC, in its 250th meeting, would not have taken it into consideration.
11. Be that as it may, as sub-sections (1) to (3) of Section 14 of NCTE Act do not refer to affiliation, I do not see why I should modify the order passed on 8 February 2024 to make compliance therewith conditional on the NCTE satisfying itself about the fact of affiliation of the petitioner with the OPJS University.
12. In fact, the only sub-section of Section 4 which deals with affiliation is sub-section (6). Sub-section (6) of Section 14 envisages the examining body granting affiliation to the institution concerned on receipt of the order under sub-section (4). This, too, indicates that the formal order of recognition under Section 14(4) is required to precede the grant of affiliation by the University to the institution concerned.
13. Of equal relevance, in this context, is Section 16 of the NCTE Act, the very title of which is affiliating body to grant affiliation after recognition or permission by the council. This provision, too, envisages grant of affiliation after a formal order of recognition is passed.
14. Mr. Balbir Singh sought to rely on the words in such form and in such manner as may be determined by regulations contained in Section 14(1) of the NCTE Act. His contention is that the NCTE Regulations 2014 envisages the institution concerned being in compliance with the law before it is entitled to any formal order of recognition.
15. I do not see how this can carry the case of the review petitioner any further. Compliance with the law would also envisage compliance with Sections 14 and16 of the NCTE Act. As already noted, affiliation to a University is contemplated, in Sections 14 and 16 of the NCTE Act, after a formal order of recognition is passed. As such, there is no reason why this Court should in any way modify or revisit the order under review dated 8 February 2024, insofar as it directs passing of a formal order of recognition under Section 14(4) of the NCTE Act.
16. I may also note that a coordinate Bench of this Court of Vibhu Bakhru J, seized with a similar dispute in Bishnupriya College of Education v. NCTE3, has taken a similar view.
17. That, too, was a case in which the Regional Committee (in that case the ERC) had, in its 170th Meeting, decided to grant approval to the petitioner institute for intake of 100 students w.e.f. the academic session 2014-15. In that case, a formal order of recognition was passed but not was dispatched. The facts of that case, in fact, are more severe than the present as, in that case, the NCTE thereafter wrote to the ERC to reconsider its decision to grant approval. As a result of this communication, the ERC did not issue a formal order of approval. The Bishnupriya College of Education (BCE, hereinafter), in that case, therefore, approached this Court praying that a formal order of recognition be passed.
18. Bakhru J has, in the said decision, observed in para 8 thus:
8. Undisputedly, the ERC had decided to accord formal recognition to the petitioner institute in its 170th Meeting held on 28.02.2014 and 01.03.2014. Concededly, the decision that recognition had been granted by ERC, was uploaded on the website of NCTE; the formal letter of recognition was also signed on 03.03.2014. Apparently, the letter of recognition was not dispatched solely for the reason that FDRs of endowment and reserve funds converted in a joint operation mode were not received by the ERC.
19. Thereafter, in para 9, Bakhru, J., has identified the following issues as arising for consideration:
(a) Whether the formal order of recognition could be withheld after the decision to grant recognition had been taken and communicated to the petitioner institute?
(b) Whether, in the given facts, the respondents were justified in withholding the recognition order on account of non receipt of the FDRs?
20. Finally, in the said judgment, the NCTE was directed to pass a formal order of approval in favour of BCE.
21. Within the limited parameters of review jurisdiction, I do not feel that any case for review or revisitation of the order dated 8 February 2024 passed by me in the present writ petition is made out.
22. The review petition is accordingly dismissed.
23. At request of Mr. Balbir Singh, the time for compliance with the order dated 8 February 2024 is extended by a period of two weeks from today.
C. HARI SHANKAR, J.
MARCH 13, 2024/dsn
Click here to check corrigendum, if any
1 14. Recognition of institutions offering course or training in teacher education.
(1) Every institution offering or intending to offer a course or training in teacher education on or after the appointed day, may, for grant of recognition under this Act, make an application to the Regional Committee concerned in such form and in such manner as may be determined by regulations:
Provided that an institution offering a course or training in teacher education immediately before the appointed day, shall be entitled to continue such course or training for a period of six months, if it has made an application for recognition within the said period and until the disposal of the application by the Regional Committee.
Provided further that such institutions, as may be specified by the Central Government by notification in the Official Gazette, which
(i) are funded by the Central Government or the State Government or the Union territory Administration;
(ii) have offered a course or training in teacher education on or after the appointed day till the academic year 2017-2018; and
(iii) fulfil the conditions specified under clause (a) of sub-section (3),
shall be deemed to have been recognised by the Regional Committee.
(2) The fee to be paid along with the application under sub-section (1) shall be such as may be prescribed.
(3) On receipt of an application by the Regional Committee from any institution under sub-section (1), and after obtaining from the institution concerned such other particulars as it may consider necessary, it shall,
(a) if it is satisfied that such institution has adequate financial resources, accommodation, library, qualified staff, laboratory and that it fulfils such other conditions required for proper functioning of the institution for a course or training in teacher education, as may be determined by regulations, pass an order granting recognition to such institution, subject to such conditions as may be determined by regulations; or
(b) if it is of the opinion that such institution does not fulfil the requirements laid down in sub-clause (a), pass an order refusing recognition to such institution for reasons to be recorded in writing:
Provided that before passing an order under sub-clause (b), the Regional Committee shall provide a reasonable opportunity to the concerned institution for making a written representation.
(4) Every order granting or refusing recognition to an institution for a course or training in teacher education under sub-section (3) shall be published in the Official Gazette and communicated in writing for appropriate action to such institution and to the concerned examining body, the local authority or the State Government and the Central Government.
(5) Every institution, in respect of which recognition has been refused shall discontinue the course or training in teacher education from the end of the academic session next following the date of receipt of the order refusing recognition passed under clause (b) of sub-section (3).
(6) Every examining body shall, on receipt of the order under sub-section (4),
(a) grant affiliation to the institution, where recognition has been granted; or
(b) cancel the affiliation of the institution, where recognition has been refused.
2 16. Affiliating body to grant affiliation after recognition or permission by the Council. Notwithstanding anything contained in any other law for the time being in force, no examining body shall, on or after the appointed day, –
(a) grant affiliation, whether provisional or otherwise, to any institution; or
(b) hold examination, whether provisional or otherwise, for a course or training conducted by a recognised institution,
unless the institution concerned has obtained recognition from the Regional Committee concerned, under Section 14 or permission for a course or training under Section 15.
3 (2015) 150 DRJ 267
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