RAHUL DHAKA VIKAS SOCIRTY Vs. GURU GOBIND SINGH INDRAPARSTHA UNIVERSITY

JUDGEMENT

(1.) This petition raises interesting question of law. Petitioner No. 1 is the society registered under the Societies Registration Act which is running petitioner No. 2 named 'V.D. Institute of Technology'. It is conducting B.Ed. Courses. The National Institute for Teacher Education Act, 1993 (hereinafter referred to as 'NCTE Act') was passed by the Parliament with the main objective to provide for the establishment of a National Council for Teacher Education with a view to achieving planned and co-ordinated 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 matters connected therewith. As per the provisions of this Act, any institution offering course or training in teacher education is required to seek recognition under this Act. The petitioner (hereinafter referred to as the 'institute') applied for grant of recognition under the said Act by making appropriate application and the recognition has been granted by Regional Committee of the National Council for Teacher Education (hereafter referred to as 'Council'). Petitioner also wanted affiliation with Guru Gobind Singh Indraprastha University (hereinafter referred to as the 'University'). This was provisionally given earlier for the year 1999-2000. However, the University has refused to continue this affiliation for the Session 2000-2001. The institute claims that once it has been granted recognition by NCTE i.e., respondent No. 2, the University cannot refuse affiliation and has challenged the impugned communication dated 22/08/2000 by the University refusing to give affiliation. It is in this context that following question of law has fallen for consideration.

(2.) Whether it is obligatory on the part of the University (or the examining body) to grant affiliation to an institution where recognition has been granted to such institution by the Council.

(3.) At this stage it would be appropriate to scan through the portentous events which have led to this controversy. In May, 1999 petitioner No. 1 Society was given no objection by the Government of Delhi for setting up an institution to run B.Ed. course in the NCT of Delhi. Thereafter, Institute applied for recognition under Section 14(1) of the NCTE Act. By order dated 6/09/1999 Northern Regional Committee, NCTE granted recognition to the Institute for B.Ed. one-year course for academic year 1999-2000 with annual in take of 60 students. The Institute thereafter submitted proposal of affiliation to University for conduct of B.Ed. of one year duration. On this Vice-Chancellor constituted an Estimate Committee comprising of 3 officers, (2 from Delhi University and a Deputy Registrar of its own University). Thereafter the University addressed letter dated 11/10/1999 to the Institute conveying the provisional affiliation of the Institute. This was conveyed in terms of Section 5(21) of the Indraprastha Vishwavidyalaya Act, 1998. Number of conditions were, however, mentioned subject to which provisional affiliation was given. In this manner students admitted by the Institute to B.Ed. course completed the course and took the examination conducted by University. It is the claim of the Institute that all the 60 students passed the said examination and 48 students out of these secured first division.