- (1.) CHALLENGE in the present writ petition is to the order 24.01.2013 (Annexure P8), passed by respondent No.2 whereby the petitioner's application for grant of recognition and seeking admission to its Institute, namely, Colonel Academy College of Education, Mansa was rejected under Section 14/15 (3) (b) of the National Council for Teacher Education Act, 1993 (for short the 'NCTE Act') on the ground that the fixed deposit receipts of Rs.5,00,000/ - and Rs.3,00,000/ - were not of a Scheduled/Nationalised Bank. Challenge has also been laid to the order dated 25.07.2013 (Annexure P13) whereby the appeal of the petitioner was dismissed by respondent No.1 on the same ground since the FDRs which had to be furnished towards endowment and reserve funds had not been done, as per the regulations under the NCTE Act.
(2.) THE pleaded case of the petitioner is that it is a Society registered under the Societies Registration Act, 1860, as amended by Punjab Amendment Act, 1957 and it had been issued the registration certificate on 19.04.2010 (Annexure P2) with the intention to establish a Diploma of Elementary Education College (D.El.Ed.) and the petitioner had purchased 12 kanals of land at Village Biroke Kalan, Tehsil Budhlada, District Mansa and applied for change of land use which was allowed on 18.05.2011 by the Chief Town Planner, Punjab. In pursuance of the applications invited online for granting recognition to colleges for imparting D.El.Ed., the petitioner applied on 29.09.2011, through its President. As per the regulations of the NCTE (Recognition Norms and Procedure) Regulations, 2007, the petitioner furnished details of FDR of Rs.5,00,000/ - issued by Mansa Central Cooperative Bank, Branch Birokie, Tehsil Budhlada, District Mansa towards endowment fund and FDR of Rs.3,00,000/ - towards reserve fund. The said FDRs were also dated 29.09.2011 (Annexure P5).
(3.) A show cause notice (Annexure P6) dated 09.11.2012 was issued by respondent No.2 under Section 14 of the NCTE Act upon the petitioner whereby the deficient documents including change of land use certificate duly notarized and approved building plans were asked for along with the original FDRs of the abovesaid amounts of Rs.5,00,000/ - and Rs.3,00,000/ - issued by Nationalised Bank, which had not been submitted. Relevant portion of the said notice reads as under: "Original FDRs of Rs. Five Lakh and Three Lakh of nationalized bank towards Endowment fund and Reserved Fund respectively have not been submitted." Due to the non -furnishing of the said FDRs, as per the requirement in the show cause notice, the rejection order was passed on 24.01.2013 by respondent No.2 under Section 14 of the NCTE Act. Thereafter, the petitioner filed an appeal under Section 18 on 23.03.2013 (Annexure P9) wherein it was specifically pleaded that the ground of refusal was on the ground of nonfurnishing of the FDRs of the Scheduled/Nationalized Bank and the explanation given by the Institution was that the said FDRs be accepted. On 10.05.2013, the petitioner was put to notice that its appeal would be considered on 27.05.2013 by respondent No.1 (Annexure P10). The petitioner was asked to bring point wise written explanation along with all supporting documentary evidence in original for perusal during the course of presentation and accordingly, the Director of the petitioner -Institute along with the Cashier appeared and prayed for acceptance of the FDRs issued by the Bank. The appeal, as noticed above was rejected on the ground that the said FDRs were to be of the Nationalized Bank and the Institute had failed to comply with the stipulated regulations of the Council.;