V. K. Shukla, J. - (1.) BRIEF background of the case, as disclosed in this bunch of writ petition, is that in the district of Mainpuri, there is an institution known as Shri Chitragupta Mahavidyalaya, Mainpuri. Said institution is affiliated to Dr. B.R. Ambedkar University, Agra, and affairs of the same are to be run and managed strictly in consonance with the provisions as contained under the U. P. State Universities Act, 1973 and the First Statute of the aforementioned University.
(2.) THE National Council of Teachers' Education Act, 1993 (in short the N.C.T.E. Act, 1993) was enacted by the Parliament in reference to Entry-66 of List-1 of VIIth Schedule appended to Constitution of India for achieving the planned and coordinated development of teachers' education and for regulating and maintaining proper norms and standards in the teachers' education. THE said Act received assent of the President on 19.12.1993 and came into force on 1.7.1995. THE National Council of Teachers Education was established on 17.8.1995 and the Regional Committees were constituted under Section 20 (i) (iii) of the National Council for Teacher Education Act, 1993 on 6.1.1996. Prior to same Regulations prescribing the standard for granting recognition in exercise of power vested under Clauses (f) and (g) of sub-section (2) of Section 32 read with Sections 14 and 15 of the National Council for Teacher Education Act, 1993 were made on 29.12.1995. Regulation 7 dealt with time limit for making applications. Clear cut distinction has been made, in between institution, which has been offering course or training in teacher education, immediately before the appointed date, i.e., 17.8.1995, by giving them liberty to make an application, so as to reach concerned Regional Committee within period of six months and qua the institutions who were intending to offer a course of training in teacher education, were required to move application so as to reach concerned Regional Committee by 31st of December every year for commencement of course or training from next academic session. Regulation 8 dealt with condition of recognition, as per which Regional Committee has to satisfy itself on the basis of scrutiny and verification of facts, that the institution has adequate financial resources, accommodation, library, qualified staff, laboratory and such other conditions required for proper functioning of the institution for the course or training which are being offered or intending to be offered. Regulation 9 obliges Regional Committee to ensure that conditions prescribed for grant of permission to recognize institution, to start new course or training is fulfilled. The institution in question, at no point of time, on or before the appointed day, i. e., 17.8.1995 provided under National Council for Teacher Education Act, 1993 ever run B. Ed. course. In this background, College submitted application to Dr. B. R. Ambedkar University, Agra, for according permission to start B. Ed. Course from 1996-97 as provided for under Statute 12.11 of the First Statute of Dr. B. R. Ambedkar University, Agra. The institution was provided "No Objection Certificate" by the State Government on 26.4.1996 and Chancellor of the University on 6.9.1996, accorded temporary affiliation under Section 37 (2) of the U. P. State Universities Act, 1973, with effect from 1.7.1996. The University on 14.10.1996 intimated the institution in question that permission had been accorded for admitting 90 students. The list of students on the basis of entrance test was sent. Said ninety students undertook examination conducted by University and their results of academic session 1996-97 had been declared. For the first time Principal of the institution on 14.11.1996, requested Regional Director, Northern Regional Committee, Jaipur for supplying copy of application form. Pursuant to the same letter dated 23.12.1996 was sent, alongwith application form, mentioning therein, that duly filled up form should reach in triplicate on or before 31.12.1996, for recognition with effect from session 1997-98, alongwith documents mentioned. Institution in question applied for recognition in the required format on 29.3.1997 which was received in Regional Office on 5.4.1997. On 1.5.1997, from Northern Regional Committee, letter was sent to Registrar of the University, clearly taking stand therein to the effect that University has no authority to accord affiliation until and unless recognition under National Council for Teacher Education Act, 1993, and further no student be allotted, till recognition is not accorded, as every action taken shall be void and illegal, and said degree would be of no consequence in terms of Section 17 of the National Council for Teacher Education Act, 1993. On 23.7.1997, Regional Committee sent communication to institution, mentioning therein that no admission be made for academic session 1997-98, and for academic session 1998-99 requisite documents be transmitted. University, for academic session 1997-98 conducted entrance test, result of which was declared in Newspaper "Amar Ujala on 17.8.1997, and ninety students were declared selected for the institution in question, in B. Ed course." Request was made for sending students for 1997-98 session, and as institution in question was not recognized in terms of Section 14 of the National Council for Teacher Education Act, 1993, the management of the institution preferred Writ Petition No. 29728 of 1997 before this Court. In the said writ petition prayer was made for issuing a writ in the nature of mandamus directing the respondent No. 4 to consider the application of petitioner's institution for recognition under Section 14 of the National Council for Teacher Education Act, 1993 and to accord admission to students. On Writ Petition No. 29728 of 1997 being filed this Court on 12.9.1997, passed following order : "Sri Pankaj Mittal has accepted notice for respondents 1 and 2 and Shri S. N. Upadhyaya has accepted notice for respondent 3. Both the learned counsel pray and are granted four weeks time to file counter-affidavit. Petitioner will have three week thereafter to file a rejoinder-affidavit. Petitioner shall take steps to serve respondent 4 within three days personally in addition to normal mode of service. Office shall issue notice returnable within a month. Affidavit of service may be filed by the next date of listing. List this petition after expiry of the aforesaid period alongwith Civil Misc. Writ Petition No. 26023 of 1997. Meanwhile, it is directed that respondent 4 shall decide the application filed by the petitioner on 20th March, 1997, for recognition of the institution under Section 14 of the National Council for Teacher Education Act, 1993, in accordance with law. During this period 90 students allotted to petitioner's institution shall be allowed to be continued, which shall be subject to further orders of the Court." Thereafter, application preferred on behalf of institution had been rejected on 15.2.1999. Against the said order, appeal had been preferred under Section 18 of the National Council for Teacher Education Act, 1993. The said appeal has also been dismissed on 19.10.2002. Refusal to recognize institution in question under Section 14 of the National Council for Teacher Education Act, 1993, has not at all been questioned by the Management and the said order has attained finality. Students in between have been admitted in academic sessions 1996-97, 1997-98 and 1998-99 and have pursued their B. Ed. Course, examinations had been conducted by the University and respective degrees have been awarded. The State Government vide order dated 14.1.2004 made provisions for B. Ed./L.T. degree holders eligible for applying for Special B.T.C. Course-2004, and thereafter pursuant to same advertisement was made on 22.2.2004, the students who were awarded B.Ed. Degree from the institution in question also applied for consideration of their claim, and they were declared selected on the basis of merit as per quality point marks and were called for counselling. They were, thereafter, sent for practical training. Student-petitioners have contended that after completing training, they were performing and discharging duties in respective schools assigned to them, but their candidature has been withheld on the ground the degree of B.Ed. was not recognized by the National Council for Teacher Education.
(3.) STAND taken by the National Council for Teacher Education in the counter-affidavit is to the effect that at no point of time instructions in B.Ed. Course were being imparted at the institution in question, i. e., Chitragupta Mahavidyalaya, Mainpuri prior to the appointed day and after the appointed day, at no point of time institution has ever been recognized, as such no relief, whatsoever, can be granted to the incumbents, who have obtained B. Ed. Degree from an unrecognized institution. STAND to the similar effect has been taken by learned standing counsel as well. After pleadings have been exchanged, present bunch of writ petition has been taken up for final hearing and disposal with the consent of the parties.;