G.S.SANDHAWALIA J. - (1.) CHALLENGE in the present writ petition is to the recognition order dated 04.04.2013 (Annexure P9), whereby the petitioner -Institute has been granted recognition for conducting the course of Diploma in Elementary Education, with an intake of 50 seats, from the academic session 2014 -15 onwards. Challenge has also been laid to the order dated 23.08.2013 (Annexure P10), passed by respondent No.3, Appellate Authority, whereby the appeal, filed by the Institute, had been dismissed, without appreciating the fact that the order of the Apex Court in Maa Vaishno Devi Mahila Mahavidyayala Vs. State of U.P. & others (2013) 2 SCC 617, decided on 13.12.2012, was modified on 28.06.2013 and that the State of Punjab was carrying out admissions, as per the notification dated 03.10.2012 (Annexure P12), whereas admissions for the session 2013 -15 were yet to be carried out, as per the notification dated 29.08.2013 (Annexure P14).
(2.) THE case, in nut -shell, is that the petitioner -Institute had submitted an application for the grant of recognition for conducting the said course on 04.10.2011 (Annexure P1), in the name of Global Institute of Elementary Teachers Training Institute. The visiting team of the Northern Regional Committee (for short, the 'NRC'), on being satisfied that the Institute -Society, fulfilled the requirements under the provisions of the National Council for Teachers Education Act, 1993 (for short, the 'Act'), granted recognition under Section 14(3)(a), for the said course, from academic session 2014 -2015 under Clause 7(11) of the NCTE (Recognition Norms and Procedure) Regulations, 2009, subject to fulfilling the following conditions, vide order dated 04.04.2013 (Annexure P9): "I. The institution shall comply with the various other norms and standards prescribed in the NCTE Regulations, as amended from time to time. II. The institution shall make admission only after it obtains affiliation from the examining body in terms of clause 8(12) of the NCTE (Recognition Norms and Procedure) Regulations, 2009. III. The institution shall ensure that the required number of academic staff for conducting the course is always in position. 4. Further, the recognition is subject to fulfilment of all such other requirements as may be prescribed by other regulatory bodies like UGC, affiliating University/Body, the State Government etc. as applicable." The petitioner -Institute filed CWP No.8728 of 2013, challenging the said order, before this Court and vide order dated 02.05.2013, direction was issued to treat that petition as an appeal and decide the same, at an early date. Accordingly, appeal was filed by the petitioner -Institute on 13.06.2013 on the ground that the recognition should be for the academic session 2013 -14. Before the Appellate Authority, NCTE, the plea taken was that the Institute had applied on 04.10.2011, for the academic session 2013 -14 and on a request made by it, the inspection was conducted on 03.10.2012 and a letter of intent was issued on 09.01.2013 and the petitioner communicated the compliance of the communication, letter of intent dated 06.03.2013 and the NRC granted recognition for the academic session 2014 -15, by -passing the two academic sessions 2012 -13 & 2013 -14, whereas the Institute had all the pre -requisites for conducting the said course. The submission before the Appellate Authority was that the NRC, by giving two months time, in their letter of intent dated 09.01.2013, had not followed the deadline of the Apex Court dated 03.03.2013, for the grant of the recognition, for the academic session 2013 -14, as laid down in Maa Vaishno Devi (supra).
(3.) THE said appeal was rejected on 23.08.2013, by taking into account the fact that the Institute had utilized the time given and only replied on 06.03.2013 and the NRC had considered the case in its 213th meeting, held on 18/20.03.2013 and decided to grant formal recognition to the petitioner -Institute, for the academic session 2014 -15 and the order was issued on 04.04.2013.;