- (1.) This appeal under Clause X of the Letters Patent arises out of the order dated 31.8.2012 passed by the learned Single Judge of this Court dismissing the writ petition in which a prayer was made to quash the order of the National Council for Teachers Education, New Delhi (for short "the NCTE") rejecting the prayer of the petitioner-institution for permission to start D.Ed. Course in its new institution. The short order passed by the learned Single Judge reads as follows:- "Aggrieved against the action of the respondents in declining the permission to the petitioner-Institution for running a D.Ed.Course, the petitioner-Institution has approached this court through the present writ petition. The claim of the petitioner-Institution has been rejected on the ground that the petitioner-Institution is not a new Institution as made out by it, but is an extension of earlier B.Ed.College run by the petitioner-society since the year 2008 though under different name. The prayer of the petitioner-Institution has been rejected on the basis of provisions contained in Regulation 8.3 of the Regulations, 2009. It is provided in the regulation that a prayer for starting or extension of Institution cannot be made unless the earlier one had been in operation for three academic sessions. As per the counsel, the present petitioner-Institution is entirely a new society, may be having a management, which is earlier managing Hakim Harbans Singh New Era College of Education. By removing the name of Hakim Harbans Singh and retaining New Era Education Society, the present application is filed. The respondents appear justified in looking through the prayer to find that this is same Institution which has approached with this prayer under the garb that it is a new Institution. The Institution has to comply with the requirements of Regulations. The action of the respondents in counting the period of three academic sessions from the date of application also would appear justified. Lastly, the counsel submits that under similar circumstances another Institution has been granted permission, but it did not fulfill the conditions as are imposed on the petitioner-Institution. One wrong cannot make a second wrong right and justify grant of relief by a Court. The discrimination on the basis of an illegality cannot be a ground to interfere by the courts to allow parity. The writ petition is accordingly dismissed."
(2.) The short controversy involved in this appeal is whether the appellant's request to the NCTE for permission to start D.Ed. Course is a request from a new institution as claimed or an extension of the earlier B.Ed. degree course run by the appellant-Society since the academic session 2008-2009. The NCTE cited Regulation 8(3) of the NCTE Regulations, 2009 as reason for rejection since the appellant had not run academic sessions for three years prior to applying for permission to start D.Ed. course. Regulation 8(3) reads as under:- "8(3): An institution can apply for one basic unit only of an additional course or for an additional unit of the existing recognized course after completion of three academic sessions of the existing recognized course after completion of three academic sessions of the respective course, for which the institution shall submit application before the cut off date prescribed for submission of applications in the year succeeding the completion of three academic sessions. Maximum intake capacity of an institution taking into consideration of all courses, along with additional intake, in any case, shall not exceed 300."
(3.) The case of the petitioner as set up in the writ petition is that its B.Ed programme was run and managed by the Hakeem Harbans Singh New Era Education Society, VPO Sant Nagar, Tehsil Raniya, District Sirsa, Haryana since 2008. The Society launched another institution naming it the New Era D.Ed. College, VPO Sant Nagar, Tehsil Raniya, District Sirsa, Haryana though managed by the same Society but had independent existence. It was pleaded that both the Colleges are separate; they have separate lands and buildings; the lands are constituted under separate gift/title deeds and both the Colleges have separate infrastructure and teaching faculties.;