JUDGEMENT
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(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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