V.K. Shukla, J. - (1.) COMMITTEE of Management Blooming Buds Degree College, Siktaur Maniram, District Gorakhpur has approached this Court by filing Civil Misc. Writ Petition No. 58530 of 2011 to grant recognition w.e.f Academic Session 2007 -08 in continuation of recognition dated 24.1.2007 and further prayer has been made to provide examination forms to the student of Petitioners' institution for Academic Session 2008 -09 and conduct their examination also and declare their result. Through amendment prayer has been made to modify order dated 24.9.2010, and grant recognition with retrospective effect.
(2.) BRIEF background of the case is that in the district of Gorakhpur there is an institution with name and style as Blooming Buds Degree College, Siktaur Maniram, District Gorakhpur and the affairs of the said institution is duly managed by the Petitioner No. 2 being Manager. The said institution claims to be imparting education of B.A. and B.Ed courses. The said institution claims to be running under the Self Finance Scheme and not receiving any grant -in -aid from the State Exchequer and running under its own resources. Petitioners claim that Regional Level Committee of N.C.T.E., Jaipur on 24.1.2007, found Petitioners institution fit for recognition, subject to appointment of qualified staff through duly constituted selection committee, as per the norms of N.C.T.E./State Government/Affiliating Body, before commencement of the course. Petitioner claims that appointment of faculty had been made and same was approved by Vice Chancellor on 20.8.2007 affiliation for one year was accorded by State Government under Section 37(2) on 23.11.2007. The Registrar of the Respondent -University thereafter issued an order on 8.12.2007 granting permission to the Petitioners' institution to run the classes of B.Ed courses. Thereafter a Joint Entrance Examination (B.Ed) 2007 was conducted by Chhatrapathi Shahu Ji Maharaj University, Kanpur and on the basis of the aforesaid Entrance Examination 97 students were made available for admission in the Petitioners' institution through counselling and three students were admitted by the college through NRI quota and as such total 100 students were admitted. The aforesaid students were granted admission in the Petitioners' institution and they perused there studied in B.Ed course during the Session 2007 -08 and were also allowed to appear in the examination conducted by the Respondent University and they also passed out the aforesaid examination and their Mark sheets and certificates have also been issued by the Respondent University. The Respondent University constituted a panel of 3 persons for making an inspection for grant of permanent affiliation to the Petitioners' institution. The committee inspected the institution and submitted its report based where upon the Respondent University sent a letter to the State Government recommending therein for grant of permanent affiliation to the Petitioners' institution. On receiving of the aforesaid papers which were sent by the University the State Government passed an order on 28.2.2009 granting permanent affiliation to the Petitioners' institution. The Respondent University thereafter on 14.4.2009 passed an order granting permission to the Petitioners institution to take admission and to run B.Ed. Classes. Again a Joint Entrance Examination of B.Ed. 2008 was conducted by Dr. B.R. Ambedkar University, Agra. On the basis of the aforesaid entrance examination a list of 99 students were recommended for admission in the Petitioners' Institution and Petitioners have claim that they not admitted any student beyond it. All the students were granted admission and they have completed their studies in the Petitioners' institution. The N.C.T.E. Northern Regional committee, Jaipur passed refusal order dated 24.7.2009 refusing to grant recognition. The Petitioners institution feeling aggrieved by the aforesaid order preferred an appeal under Section 18 of the National Council for Teacher Education Act, 1993 before the Respondent No. 2 and the Petitioners institution again enclosed all the documents as required by the N.C.T.E. alongwith memo of appeal which was submitted earlier. The Respondent No. 2 vide its order dated 17.11.2009 issued a notice to the Petitioners institution to sent depute an officer/employee of the institution for the presentation of the case and fixed a date on 1.12.2009 for hearing. The aforesaid appeal was heard by the Respondent No. 2 on 5.1.2010 allowed with following observations "and whereas the council noted that the institution was granted conditional recognition on 24.1.2007 to the appointment of qualified faculty selected through duly constituted selection committee as per the norms of the NCTE/State Government/affiliating University/Body. in compliance to this the institution appointed the faculty adopting the procedure laid down in the norms and the staff list approved by the university was sent to the NRC on 20.9.2007 and also on 7.12.2007. However, the faculty detail forwarded by the institution were not available in the NRC's file, the Council also noted that as per a letter No. 3366/Ref/2009 dated 20.7.2009, the examining body namely the Deen Dayal Upadhaya Gorakhpur Vishwavidyalaya has informed the NRC that it had granted affiliated to the institution for the Session 2007 -08, and students were admitted, examination was conducted for the year 2007 -08 and results were also declared. In view of the above the Council came to the conclusion that there was adequate justification in accepting the appeal to be remanded to NRC for examination of the faculty profile and the institution is directed to resubmit the faculty details as required under norms". After considering the facts and circumstances of the case the Respondent No. 2 has allowed the appeal and set aside the refusal order dated 24.7.2009 and remanded the matter back to the Northern Regional Committee for fresh decision and it has been further provided in the said order that the institution is also directed to resubmit the faculty details as required under norms".The Respondent No. 3 vide its letter dated 31.3.2010 addressed to the Petitioners institution again pointed out some deficiency and directed the institutions to reply within 90 days from the issuance of the letter. The Northern Regional Committee (NCTE) in its minutes held on 19.7.2010 granted recognition to the Petitioners institution for running B.Ed course under Section 7(11) of Regulation 2007 for academic session 2010 2911. The Respondents affiliating University issued a notification in the daily news paper namely, 'Dainik Jagaran" in which a notification has been made with the effect that the examination forms of B.Ed courses Session 2008 -09 will be distributed from 1 to 7th September, 2010 and some of the institution including the Petitioners institution is not entitled to conduct the B.Ed examination 2008 -09 as they have not been recognised by the NCTE for said academic session. At this juncture Civil Misc. Writ Petition No. 58530 of 2001 had been filed by the Committee of Management of the institution and this Court had passed following order: Learned Standing Counsel accepted notices on behalf of Respondent No. 1. Sri R.A. Akhtar, Advocate, accepted notices on behalf of Respondents No. 2 & 3. Smt. Sunita Agrawal, Advocate, accepted notices on behalf of Respondents No. 4 & 5. All the Respondents may file counter affidavit within three weeks. Petitioners will have one week, thereafter, to file rejoinder affidavit. List after expiry of the aforesaid period. Sri Ashok Khare, learned Senior Advocate appearing for the Petitioners submits that by order dated 24.01.2007 a decision has been taken by Respondent -N.C.T.E. to give recognition to the Petitioner's Institution for running B.Ed. course for 100 seats subject to appointment of qualified staff through duly constituted Selection Committee. On the aforesaid basis, the Respondent -University has granted temporary affiliation and the Petitioners -Institution has admitted students and one batch of 2007 -2008 has passed out. Now, by order dated 24.07.2009 the recognition has been withdrawn that too without assigning any reason only on the ground that granting of recognition was subject to condition of appointment of qualified staff. Petitioners' Institution filed an appeal and appellate authority set aside the order and remanded the matter to the competent authority to decide afresh by order dated 05.01.2010. The competent authority in its meeting dated 19.07.2010 has decided to grant recognition and issued a letter under Section 7(11) of the Regulations 2007. Further, Petitioners have submitted that the Division Bench of this Court has granted permission to the students to appear in the examination to be held by the University and has held that in such circumstances the students admitted cannot be made to suffer and if such formal recognition has been granted the Institution cannot be said to be on fault in admitting the students. Now, the Respondent -University is not issuing the form to the students for the purposes of appearing in the examination, therefore, the present writ petition is being filed for a direction to Respondent No. 2 to grant recognition with effect from Academic Session 2007 -08 in continuation of the earlier recognition. Further, the University may be directed to provide examination form to the students of Petitioners' Institution for the Session 2008 -09 and to conduct their examination. Sri R.A. Akhtar, learned Counsel appearing for the Respondents submits that the letter dated 24.01.2007 cannot be said to be order under Section 7(11) of the Regulations 2007. It was a decision subject to certain conditions. As the conditions were not satisfied, therefore, the order cancelling the recognition has been passed. In such circumstances, in my opinion, as the matter after recognition was pending before the authorities and refusal order dated 24.07.2009 has already been set aside by the appellate authority, therefore, a presumption can be that the recognition dated 24.01.2007 is in existence. In such circumstances, if the students have been given admission on the basis of counselling, then they are entitled to appear in the examination conducted by the University. Therefore, by way of interim arrangement, Respondent -University is directed to issue examination forms to the students of Petitioners' Institution for the Session 2008 -09 within a period of two weeks and permit them to appear in the examination. The issuance of forms as well as appearance in the examination will be subject to decision of the writ petition.
(3.) THEREAFTER students in question have been permitted to fill up the examination forms and as their result has not been declared, then two separate Civil Misc. Writ Petition No. 19980 of 2010 and Civil Misc. Writ Petition No. 29290 of 2011 have been filed praying therein for declaration of the result.;