PRASHIKSHIT ADHYAPAK SANGH Vs. STATE OF HARYANA AND OTHERS
LAWS(P&H)-2012-9-278
HIGH COURT OF PUNJAB AND HARYANA
Decided on September 18,2012

PRASHIKSHIT ADHYAPAK SANGH Appellant
VERSUS
State Of Haryana And Others Respondents

JUDGEMENT

- (1.) This order shall dispose of CWP Nos.20056 of 2009 and 55 of 2010 involving similar questions of law and facts. For facility of reference facts are being mentioned from CWP No.20056 of 2009.
(2.) This writ petition has been filed seeking directions to respondent Nos.1 to 4 to initiate process of de-affiliation against those private self financing institutions / colleges imparting education in Bachelor of Education and Diploma in Education who do not have infrastructure as per standards laid down by National Council of Teachers Education (NCTE) and the Universities with which those are affiliated. To show that a number of colleges are running without proper faculty and other infrastructure, many documents have been placed on record. During the course of hearing various directions were issued by this Court from time to time and on 3.8.2012 following order was passed by this Court:- "Dispute in this writ petition pertains to deficiency of faculty and other infrastructure facilities in the B.Ed Colleges in the State of Haryana. Dr. Ram Kishor, Regional Director, Northern Regional Committee, National Council for Teacher Education, Jaipur, has come present in the Court. He has brought to our notice that out of 490 B.Ed Colleges in the State of Haryana, recognized by the National Council for Teacher Education (hereinafter referred to as "NCTE"), in 428 Institutions inspection is complete and for deficiencies in infrastructure facilities, show cause notices have been issued to 285 Institutions. Dr.Ram Kishor further states that pursuant to the directions issued by Hon'ble the Supreme Court in National Council for Tech. Edu. & Anr. v. Vaishnav Inst. of Tech. & Mgt. (Civil Appeal No. 3505 of 2012, decided on 12.4.2012), the inspection reports will now be forwarded to NCTE for taking necessary action. As per the judgment, referred to above, NCTE shall undertake an exercise of inspection of all the Institutes, for which purpose it is stated that two months time is required. Time prayed for is granted. The inspections will be completed within the said period and action shall also be taken against the defaulting Institutions. Dr. Balram K. Gupta, Senior Advocate assisted by Mr. Shirish Gupta, Advocate, appearing on behalf of respondent No.3-Maharishi Dayanand University, Rohtak and Mr. A.S. Virk, Advocate, appearing on behalf of respondent No.2- Kurukshetra University, Kurukshetra have stated that both the Universities have also conducted inspections and in many cases deficiencies were found so far as faculty and infrastructure facilities are concerned. Let a concise report be put up before the Court, on or before the next date of hearing, so that necessary directions be issued to initiate action for de-affiliation of those defaulting Colleges. On request, adjourned to 4.9.2012 to know the progress of the inspections and resolution thereof made by the Universities. A copy of this order, under the signatures of the Court Secretary of this Court, be furnished to all the concerned for onward transmission and compliance. Personal appearance of Dr. Ram Kishor is exempted."
(3.) Pursuant to directions issued by this Court, NCTE started process of investigation/ verification regarding availability of faculty and infrastructure in the colleges approved by it, for which purpose on 3.8.2012, the Court had granted two months time to NCTE to complete the investigation with a direction that action be taken against the defaulting colleges thereafter. The Universities were also directed to verify the availability of infrastructure of the colleges affiliated with them.;


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