State Of Maharashtra vs Sant Dnyaneshwar Shikshan Shastra ...

Both the petitions were heard together by a Division Bench of the High Court. By a common judgment, the High Court allowed the petition filed by the institution, set aside the order passed by the State Government on December 28, 2004 and issued direction to the State of Maharashtra as well as Maharashtra University to take appropriate consequential actions in accordance with law in the light of the decision taken by NCTE in favour of the institution permitting opening of a new B.Ed. college. Similar directions were issued in favour of other colleges also. To appreciate the contentions raised by the parties to the proceedings, few relevant facts in Writ Petition No. 4769 of 2005 may now be stated.

According to the petitioner, the University processed the application of the petitioner for affiliation and forwarded it to the State Government. It was averred in the petition that the application was recommended for the establishment of the proposed B.Ed. college to be opened by the petitioner. NCTE, vide its letter dated February 24, 2005 asked the petitioner whether it was ready for inspection as per the norms prescribed by the NCTE. Since the petitioner was ready for such inspection by the NCTE, the Expert Committee of NCTE visited the petitioner's campus on June 6, 2005 and verified the adequacy of infrastructure, staff and other norms. The report was submitted by the Committee to NCTE which approved and granted recognition for B.Ed. college to be opened by the petitioner from academic year 2005-06 with an intake capacity of 100 students. After receipt of the said letter, the petitioner applied to the Government of Maharashtra on July 4, 2005 for grant of permission to start the college and/or inclusion of the name of the college in the Central Admission Process for the year 2005-06. According to the petitioner, the State Government neither acted on the said letter nor even replied. Under the Maharashtra Universities Act, 1994 (hereinafter referred to as 'the University Act'), only after permission from the Government, B.Ed. college can be opened. Since the admission process was to be delayed and the petitioner had undertaken every exercise by getting necessary permission from NCTE and had invested huge amount of more than one crore on development, infrastructure and appointment of staff etc., it was constrained to approach the High Court by filing a petition for appropriate relief.

An additional affidavit was also filed reiterating the decision of the Cabinet Sub-Committee dated December 28, 2004. It was stated that it was also decided to withdraw/cancel NOC which had been issued by the State Government in favour of some institutions. Those institutions, therefore, filed writ petitions and the Division Bench set aside the decision of the State Government by granting liberty to the State to take appropriate action in accordance with law after giving an opportunity of hearing to the petitioners. The State Government, thereafter, afforded hearing to the institutions, but again it was decided to withdraw/cancel NOC in view of the policy decision of the Government. It was, therefore, prayed by the respondent State that its decision was a policy decision which was in consonance with law and the petition was liable to be dismissed.

(emphasis supplied)

The counsel also referred to the "Annual Report :

In order to facilitate donations, including smaller amounts, both from India and abroad, for implementing projects/programmes connected with the education sector, the Government had constituted the "Bharat Shiksha Kosh" to receive donations/ contributions/endowments, from individuals and corporates, Central and State Governments, non-resident Indians and people of Indian origin for various activities across all sectors of education.

'Teacher Education' has been dealt with thus;

formal elementary school teachers, Colleges of Teacher Education (CTEs) and Institutes of Advanced Study in Education (IASEs) have been given the responsibility of organizing pre- service and in-service training of secondary school teachers. IASEs are also expected to conduct programmes for the preparation of elementary school teacher educators.

About 'Secondary Education', the Report states:

The Integrated Education for Disabled Children (IEDC) scheme, started in 1974, provides 100 per cent funding to State Governments/UTs and NGOs. The scheme is proposed to be revised soon. Under the scheme of Access with Equity, two components strengthening of existing scheme of girl's hostels managed by NGOs and one-time assistance to reputed NGOs, Trusts, Societies and State Governments, etc., for setting up Secondary Schools are proposed. The scheme is therefore, being revised. The two schemes of Computer Literacy and Studies in Schools (CLASS) and Educational Technology have been merged I order to increase the effectiveness of the activities For the Tenth Plan, five schemes, namely, Environmental Orientation to School Education, Improvement of Science Education in School, National Population Education Project, Promotion of Yoga in School, International Science Olympiad are being merged into a composite scheme of Quality Improvement in Schools."

Since we have decided the matters on merits, we have not dealt with preliminary objection raised by the colleges that the State cannot be said to be 'person aggrieved' and, therefore, has no locus standi to challenge the decision of NCTE.

We may, however, state that the academic year 2005- 06 is almost over and as such it is not possible to grant the prayer of respondent-colleges to allow them to admit students for the year 2005-06. It is, therefore, directed that the order passed by NCTE would operate from the next academic year, i.e. from the year 2006-07. For the foregoing reasons, all the appeals filed by the State are liable to be dismissed and are accordingly dismissed with costs. Interim stay granted earlier is hereby vacated.