M.S.K.Mandal Sanchalt Mskm B.Ed ... vs National Council For Teacher Educ.& Ors

3. The appellant-Trust has established a college under the name and style Shri Morvi Sarvajanik Kelavni Mandal Sanchalit MSKM B.Ed. College, Rajkot. The college had the benefit of recognition granted in its favour in terms of an order dated 29th May, 2007 under Section 14 (3)(a) of the NCTE Act for offering a B.Ed. with an annual intake of 100 2 students. Shortly after the grant of the said recognition, the NCTE issued a notice dated 27th July, 2008 to the appellant to show cause why the recognition should not be withdrawn in terms of Section 17 of the Act in view of the deficiencies pointed out in the notice like inadequacy of built-up area available to the institution, the land underlying the structure not being in the name of the appellant-Trust and the college being run in a building that is used by two other institutions.

4. The recognition was finally withdrawn by the NCTE on 29th November, 2008 primarily because the appellant had failed to respond to the show cause notice within the period stipulated for the purpose. The withdrawal order was, however, successfully challenged before the High Court by the appellant with the High Court issuing certain directions including a direction to the appellant-college to remove the defects pointed out by the NCTE and to offer the institution for a fresh inspection by the NCTE. The High Court also directed that while admissions for the current year shall not be affected by the withdrawal of recognition, in the event of 3 non-compliance with the requirements of the Regulations, the institution shall not be permitted to admit any student for the next year. The NCTE was given liberty to have a fresh inspection conducted and pass appropriate orders in accordance with law after issuing a notice to the institution.

5. In compliance with the directions of the High Court, the appellant by its letter dated 20th December, 2010 intimated to the NCTE that the deficiencies in question had been removed and invited the NCTE to depute a team for a fresh inspection of the college. An inspection was accordingly conducted that culminated in the issue of a fresh notice to the appellant again pointing out several deficiencies in the institution including inadequacy of space, staff and the fact that the college had no land in its own name and that the institution was being run in a building which was being used by two other colleges. The appellant appears to have sent a reply to the said show-cause notice but before a final decision could be taken on the same, the appellant filed Special Civil Appeal No.6507 of 2011 before the High Court for a mandamus to the University to allot students to the appellant-college. By an order dated 14th 4 June, 2011, the High Court directed the University to allot the students to the appellant-college for the academic session 2011-2012. In the meantime, the Western Regional Committee issued an order on 20th July, 2011 withdrawing the recognition granted to the appellant- college in exercise of its powers under Section 17 of NCTE Act. The order contained as many as nine different grounds for the said withdrawal. Aggrieved, the appellant filed Special Civil Application No.9485 of 2011 before the High Court, inter alia, contending that the withdrawal of recognition was on grounds that went beyond the show- cause notice issued to the institution. It was also contended that pursuant to the directions of the High Court the University had allotted 60 students to the college who were on its rolls and whose future was likely to be adversely affected by the withdrawal order.

6. While the writ petition filed by the appellant was still pending, Western Regional Committee issued a modified withdrawal order dated 24th August, 2011 relying upon the visiting team report which found the following deficiencies: 5

7. The High Court was not happy with the above order as is evident from an interim order dated 30th August, 2011 whereby the Regional Director, Western Regional Committee, National Council for Teacher Education, Bhopal, was directed to send a new team to inspect the institution and submit a fresh report regarding the defects and deficiencies in the infrastructure provided by the college. An inspection committee was accordingly deputed by the NCTE who filed a report before the High Court in a sealed cover. The report, inter alia, stated:

(emphasis supplied)

(emphasis supplied)

17. There is no distinguishing feature between the cases mentioned above and the case at hand for us to strike a discordant note. The institution established by the appellant is not equipped with the infrastructure required under the NCTE Act and the Regulations. It is not in a position to impart quality education, no matter admissions for the session 2011-2012 were made pursuant to the interim directions issued by the High Court. We have, therefore, no hesitation in rejecting the prayer for permitting the students to continue in the unrecognised institution of the appellant or directing that they may be permitted to appear in the examination. We, however, make it clear that this order will not prevent the respondent-University from examining the feasibility of reallocating the students who were admitted through the University process of selection and counselling to other recognised colleges to prevent any prejudice to such students. Such re-allocation for the next session may not remedy the situation fully qua the students 16 who may have to start the course afresh but it would ensure that if such admissions/reallocation is indeed feasible, the students may complete their studies in a recognised college instead of wasting their time in a college which does not enjoy recognition by the NCTE. We, however, leave this aspect entirely for the consideration of the University at the appropriate level, having regard to its Rules and Regulations and subject to availability of seats for such adjustment to be made as also the terms and conditions on which the same could be made. This order shall also not prevent the affected students from seeking such reliefs against the appellant college as may be legally permissible including relief by way of refund of the fee recovered from them.

18. With the above observations, these appeals fail and are hereby dismissed with costs assessed at Rs.20,000/-.