G.S.SANDHAWALIA, J. - (1.)THIS order shall dispose of Civil Writ Petition No.20361 of 2012 -Om Education Trust (Regd.) Khandarai Vs. Maharishi Dayanand University and others and Civil Writ PetitionNo.21663 of 2012 -I.P.College of Education, Rohtak Vs. Maharishi Dayanand University and others since in both these petitions common question of law and facts are involved. However, for dictating order, the facts have been taken from Civil Writ Petition No.20361 of 2012.
(2.)IN the present case, the petitioner is aggrieved against the decision of respondent no.1 -University whereby intake capacity of the petitioner college has been reduced from 200 seats to 100 seats for the B.Ed. Couse for academic session 2012 -13 in the admission notice available on the internet on the ground that the college had failed to submit National Assessment and Accreditation Certificate (NAAC") with 'B' grading which was mandatory in view of letter dated 7.2.2011. 2. The case of the petitioner is that the petitioner society is a registered society under the Societies Registration Act, 1860 and set up a college called the Om College of Education, Khandrai, Tehsil Gohana, District Sonepat. The college is a private self -financing College of Education and does not receive any grant in aid from the State Government. 2. That for the academic session 2007 -08, the petitioner College was given approval for intake capacity of 100 seats by the National Council for Teacher Education( hereinafter called as "the NCTE"). The intake capacity was increased from 100 to 200 seats vide letter dated 2.9.2008 (Annexure P/3) by the NCTE subject to various conditions. Respondent no.1 University also granted affiliation for the additional 100 seats vide order dated 17.9.2008 (Annexure P/4). As per the Regulation 8(4) and 8(5) of the National Council for Teacher Education(Recognition Norms and Procedure) Regulations, 2009, an institution was permitted to apply for a new course of Bachelor of Education after it had been accredited by the NAAC with at least letter Grade 'B'. As per said Clause 8(5), an institution which had been granted additional intake in Bachelor of Education after promulgation of Regulation, 2005 i.e. 13.1.2006 was to get itself accredited by NAAC with a letter Grade 'B' in the new grading system on or before 1.4.2010 failing which additional intake granted was to stand withdrawn with effect from academic session 2010 -11. It is further averred that vide letter dated 13.7.2012, the cut off date of 1.4.2010 was changed to 1.4.2012 by subsequent amendment. The college had submitted application for grant of accreditation on 29.6.2010. In pursuance of self appraisal report along with amount of Rs. 50,000/ - filed on 3.2.2012, inspection was conducted on 20.3.2012 and 21.3.2012 and no final accreditation was granted. Thereafter in a meeting held on 9.7.2012, it was decided in respect of all applications pending with the NAAC, action need not be taken for withdrawal of additional intake/recognition which was apparent from letter dated 13.7.2012 (Annexure P -6). Subsequently, petitioner received letter dated 21.4.2012 that it had been accredited with grade 'C' for a period of five years with effect from 21.4.2012. The NCTE vide letter dated 17.7.2012 again issued instructions that institutions which had applied for accreditation of NAAC prior to 1.4.2012 in their case, action need not be taken for withdrawal of additional intake. Accordingly, it was pleaded that case of the petitioner was covered by the said letter. However, respondent no.1 -University reduced the intake of the college from 200 seats to 100 seats on the ground that it did not have the mandatory 'B' grading in view of letter dated 7.2.2011 and had also failed to submit proof of having applied with the NAAC for accreditation before 1.4.2012. The petitioner had filed statutory appeal dated 3.8.2012 to respondent NAAC. Accordingly, the present writ petition has been filed.
Notice of motion was issued by this Court on 12.10.2012 and reliance was placed on an order dated 6.10.2012 passed in Civil Writ Petition No.17478 of 2012 -Shri Vaishno Devi Shiksha Samiti Vs. Mararishi Dayanand University & others whereby intake of the petitioner -institute was directed not to be reduced and it was entitled to participate in the counselling for the full intake.

(3.)IN the written statement filed by the respondent No.1 - University, the plea taken was that the accreditation from NAAC was to be before 1.4.2012 with at least 'B' grading and the additional intake was to be withdrawn for the academic session 2012 -13 as per letter dated 7.2.2011 issued from NCTE. The Academic Council took a decision on 29.6.2012 that colleges which had not obtained accreditation till 1.4.2012, the additional intake from such colleges shall be withdrawn for the session 2012 -13. Some of the Colleges of Education had submitted request along with letter dated 17.7.2012 of the NCTE wherein it has been stated that in the light of the decision in the NCTE meeting held on 9.7.2012 in respect of all the institutions which had applied for accreditation of NAAC prior to 1.4.2012 including the institutions listed in the enclosure to the above said letter, action need not to be taken for withdrawal of additional intake/recognition. Some of the colleges thus submitted proof of having submitted applications with NAAC before 1.4.2012 for making admission against the earlier sanctioned intake of B.Ed. Course including additional seats and in P.G. Course i.e. Master of Education. After looking at the proofs further proceedings have been dropped as per the above said decision of the Academic Council and the matter was again considered against the colleges which have not submitted the proof of having submitted the application prior to 1.4.2012 as also against the college which had been accredited in C grade. The University had reduced the seats of B.Ed. of those colleges of Education, who have failed to submit the NAAC accreditation certificate/proof and of not having submitted application prior to cut off date with NAAC. It is submitted that being a central body NCTE was to take first action by way of withdrawal of recognition of additional seats of B.Ed. but till today nothing has been heard from NCTE which is central body. The University was taking follow up action as per the decision of NCTE as explained above. Since the petitioner college had been accredited by NAAC and awarded grade 'C' and accordingly respondent no.1 -University reduced the additional intake of seats in view of the above direction. However, in terms of the interim order passed by this Court, the admissions against additional 100 seats had already been allowed subject to final outcome of the writ petition. The main contesting body was respondents no.2 and 4 being the Accreditation Body and Central Body respectively. The University was only taking action as per their direction. The respondent no.1 -University had granted provisional affiliation for intake of 100 seats vide letter dated 13.7.2006 and thereafter also granted provisional affiliation for additional 100 seats in B.Ed course for the session 2008 -09 as per Annexure R -1/5. Perusal of Annexure P -10 nowhere shows that the application of the petitioner college was registered on 29.6.2010 i.e. before 1.4.2012 as alleged by the petitioner college and, therefore, withdrawal of additional intake by the respondent -University was justified.