- (1.) The question for consideration in this batch of writ petitions is whether the State acted illegally in granting affiliation to the petitioner institutions for conducting Diploma in Elementary Education (for short D.El.Ed.) course since the academic session 2015-16, despite the National Council for Teacher Education(N.C.T.E.) having granted recognition from the academic session 2014-15 onwards.
(2.) All the petitioners were granted recognition by N.C.T.E. in terms of Section 14 (1) of the National Council for Teacher Education Act, 1993 (the Act) for conducting D.El.Ed. (also known as B.T.C.) Course with annual intake of 50 from the academic session 2014-15 subject to certain conditions, one of which, inter alia, stipulates that the institutions shall make admission only after obtaining affiliation from the examining body. In the State, under a Government Order dated 18.1.2010, the State Government grants affiliation to private institutions for running B.T.C. Course on recommendation of a State Level Committee comprising of nominee of the Principal Secretary, Basic Education (Chairperson), Director, Basic Education (Member), Director, State Council for Education Research and Training (Member) [S.C.E.R.T.] and Secretary, Examination Regulatory Authority (Member Secretary) [S.E.R.A.]. By a Government Order dated 30.9.2014, certain amendments were made in the Government Order dated 18.1.2010. Now, in place of S.C.E.R.T., the role of inviting applications for affiliation and their scrutiny has been assigned to the S.E.R.A. In terms thereof, the S.E.R.A. issued advertisements in various newspapers in the first week of October, 2014 inviting applications from private institutions desirous of obtaining affiliation from the State Government for running B.T.C. Course for academic session 2014-15. The applications were to be submitted by 5.11.2014 upto 5.00 p.m. In pursuance thereto, the petitioners had submitted their applications for grant of affiliation for the academic session 2014-15. In some cases, certain deficiencies were pointed out in the applications by S.E.R.A., which were duly removed. Ultimately, the State Level Committee in the meeting dated 22.9.2015 recommended for grant of affiliation to the petitioner institutions albeit from the academic session 2015-16. The State Level Committee noted that the Supreme Court in the case of Baba Shiv Nath Singh Shikshan Evam Prashikshan Sansthan Vs. N.C.T.E. and others, Writ Petition (Civil) No.174 of 2015 and connected matters decided on 8.9.2015, by judgment and order dated 8.9.2015 had directed for start of academic session 2014-15 from 22.9.2015, consequently, the recommendation for affiliation was made since the academic session 2015-16. In pursuance thereof, the State had granted affiliation to the petitioner institutions by orders issued on different dates in the month of October and November, 2015 since the academic session 2015-16.
(3.) The petitioners have approached this Court challenging the affiliation orders issued by the State Government in so far as it denies affiliation to the petitioners since academic session 2014-15. The prayer made in the writ petitions is for issuance of a writ of mandamus commanding the respondents to antedate the affiliation from the academic session 2014-15 and allot students for admission to the course for the said session. It is urged by the petitioners that they were granted recognition by N.C.T.E. from the academic session 2014-15 and they had filed the applications for affiliation in time as stipulated in the advertisement issued by S.E.R.A., consequently, there was no justification for not granting affiliation from the same session i.e. 2014-15. It is submitted that the delay in grant of affiliation was wholly attributable to the State respondents and thus, the petitioners cannot be made to suffer. It is pointed out that the admissions to B.T.C. Course 2014-15 are being made by the respondents even after 22.9.2015 and in this regard, several advertisements issued by the D.I.E.T. in various districts have been brought on record.;