CHAUDHARY BHARAT SINGH INSTITUTE FOR TEACHERS EDUCATION COURSES Vs. NATIONAL COUNCIL FOR TEACHERS EDUCATION (NORTH REGION)
LAWS(UTN)-2012-12-82
HIGH COURT OF UTTARAKHAND
Decided on December 06,2012

Chaudhary Bharat Singh Institute For Teachers Education Courses Appellant
VERSUS
National Council For Teachers Education (North Region) Respondents

JUDGEMENT

SUDHANSHU DHULIA, J. - (1.) HEARD Mr. Siddharth Singh, Advocate for the petitioners, Mr. Paresh Tripathi, Additional Chief Standing Counsel for the State of Uttarakhand and Mr. T.A. Khan, Senior Advocate assisted by Mr. Rajesh Joshi, Advocate for National Council for Teacher Education.
(2.) PETITIONER No. 2 is a society registered under the Societies Registration Act and petitioner no. 1 is the institute being run by the said society. The institute i.e. petitioner no. 1 had sought recognition from respondent no. 2 i.e. Northern Regional Committee, National Council for Teacher Education (from hereinafter referred to as NCTE) for running B.Ed. courses. The approval was only granted to the petitioner on 31.10.2012 for the academic session 20 13 -14. The only contention of the petitioners is that before said recognition could be taken, the petitioners had already recruited the teaching staff for B.Ed. courses and they had to incur a lot of expenses and, therefore, they should be given approval to run B.Ed. classes for the academic session 2012 -13 as well.
(3.) ON the last occasion, counter affidavit was called for but the same has not been filed. However, Mr. T.A. Khan, learned Senior Counsel appearing for NCTE has placed certain facts before this Court and prayed that no relief can be granted to the petitioner for the simple reason that recognition was only granted for the academic session 2013 -14 on 31.10.2012, as the session for the year 20 12 -13 started much before the said date. Therefore, the recognition has rightly been given to the petitioner for the coming session i.e. 2013 -14. Now, in December, 2012 if recognition for the academic session 20 12 -13 is granted to the petitioners, no useful purpose will be solved in admitting the students in the middle of the session. Moreover, it will further complicate the matter. The recognition is already in place for the petitioners for the year 2013 -14 and the counsel for the NCTE has submitted that as per the instructions given by the NCTE, recognition for the year 20 12 -13 cannot be granted. In view of this Court as well, in both law and equity, no relief can be granted to the petitioners for the simple reason that Session for 20 12 -13 is already mid way and it will not serve the ends of justice if this court passes an order directing the NCTE to grant approval to the petitioners for admitting the students for B.Ed. courses mid way. In fact it may create more problems than it seeks to solve.;


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