SHRI VAISHNO DEVI SHIKSHA SAMITY AND ORS., Vs. STATE OF HARYANA AND ORS.
LAWS(P&H)-2007-7-190
HIGH COURT OF PUNJAB AND HARYANA
Decided on July 12,2007

Shri Vaishno Devi Shiksha Samity And Ors., Appellant
VERSUS
State Of Haryana And Ors. Respondents

JUDGEMENT

Hemant Gupta, J. - (1.) This judgment shall dispose of four Civil Writ Petition Nos. 20656, 20846 of 2006, CWP No. 10 and 306 of 2007, filed by seven institutes wherein the petitioners have claimed a writ of certiorari for quashing of order dated 20.12.2006 passed by the State Admission and Fee Committee for Technical Education and for directing the respondents to conduct counseling of the petitioner colleges for admission to B.Ed course for the session 2006 -07 and in the alternative to direct the petitioner colleges to conduct counselling and admit students.
(2.) For the facility of reference, facts are taken from CWP No. 20656 of 2006, which is instituted by the Management of four colleges, which have been granted recognition subject to fulfillment of certain conditions by the National Council for Teacher Education (hereinafter to be referred as ''NCTE '') for the grant of B.Ed. Decree. An Act called The National Council for Teacher Education Act, 1993 was enacted in the 1993 to provide for the establishment of National Council for Teacher Education with a view to achieving planned and co -coordinated development of the teacher education system throughout the country, the regulation and proper maintenance of norms and standards in the teacher education system and for matter connected therewith. Sec. 14 of the Act contemplate grant of recognition by Regional Committee to every institution offering course or training in teacher education. The Regional Committees are the Committees established under Sec. 20 of the Act. The Regional Committee on satisfaction that the institution has adequate financial resources, accommodation, library, qualified staff, laboratory and that it fulfils such other conditions required for proper functioning of the institution for a course or training in teacher education, as may be determined by the regulations, pass an order granting recognition to such institution, subject to such conditions as may be determined by regulations.
(3.) In terms of Sec. 32 of the Act, NCTE has published the Regulations called '' The National Council for Teacher Education (Recognition Norms & Procedure) Regulations, 2005 (hereinafter to be referred as ''2005 Regulations ''), which have been produced on record as Annexure R -1/4 dated 27.12.2005. The Regional Committee in 111th Meeting held on November 30th to December 1st, 2006, considered the case of the petitioners for grant of recognition instead of conduct of B.Ed course of one year with annual intake of 100 w.e.f., the academic sessions 2006 -07. The Committee has decided to grant recognition subject to condition of submission of the list of appointed qualified staff by following the selection procedure before the commencement of the course. The relevant extract from the minutes of the meeting, attached as Annexure P -11, reads as under: On careful perusal of the original file of the institution, VT Report, Video CD, other related documents, Act of NCTE, 1993, Regulations and guidelines of NCTE published from time to time laid on the table of the Committee, the Regional Committee decided that recognition be granted to the B.Ed course of one year duration with an annual intake of 100 (one Hundred only) w.e.f., the academic session 2006 -07 subject to the condition of submission of the list of appointed qualified staff by following the selection procedure before the commencement of the course.;


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