Devendra Pathak Sarvodaya … vs National Council For Teacher … on 11 August, 2021

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Supreme Court of India
Devendra Pathak Sarvodaya … vs National Council For Teacher … on 11 August, 2021Author: B.R. Gavai

Bench: Rohinton Fali Nariman, B.R. Gavai

REPORTABLE

IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION

WRIT PETITION (C) NO.518 OF 2021

DEVENDRA PATHAK SARVODAYA
COLLEGE OF EDUCATION …PETITIONER(S)

VERSUS

NATIONAL COUNCIL FOR TEACHER
EDUCATION AND ORS. …RESPONDENT(S)

WITH
WRIT PETITION (CIVIL) NO.532 OF 2021
WRIT PETITION (CIVIL) NO.793 OF 2021
WRIT PETITION (CIVIL) NO.778 OF 2021
WRIT PETITION (CIVIL) NO.789 OF 2021
WRIT PETITION (CIVIL) NO.794 OF 2021
WRIT PETITION (CIVIL) NO.608 OF 2021
WRIT PETITION (CIVIL) NO.602 OF 2021
WRIT PETITION (CIVIL) NO.601 OF 2021
WRIT PETITION (CIVIL) NO.538 OF 2021
WRIT PETITION (CIVIL) NO.711 OF 2021
WRIT PETITION (CIVIL) NO.823 OF 2021

JUDGMENT

Signature Not Verified
B.R. GAVAI, J.
Digitally signed by R
Natarajan
Date: 2021.08.11
12:46:33 IST
Reason:

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1. The facts in all these bunch of petitions are almost

similar and as such, are decided by this common judgment.

2. We will refer to the facts in the lead matter i.e. Writ

Petition (Civil) No.518 of 2021 in some detail and would refer to

the bare necessary facts in all other matters.

Writ Petition (Civil) No.518 of 2021

3. The petitioner college was established as unaided

training college to impart Bachelor in Teacher Education (B.Ed.)

and Diploma in Elementary Education (D.El.Ed.) courses in the

year 2011.

4. The petitioner college submitted an application to

respondent No.1 – National Council for Teacher Education

(hereinafter referred to as ‘NCTE’) for grant of recognition under

Section 14(1) of the National Council for Teacher Education Act,

1993 (hereinafter referred to as ‘the said Act’) for conducting

B.Ed. course with an annual intake of 100 students.

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5. Vide order dated 25.2.2014, NCTE granted recognition

for B.Ed. course under one year programme for Academic Year

2014­2015 with an annual intake of 100 students.

6. Respondent No. 2 – Magadh University, Bodh Gaya,

Bihar, vide letter dated 2.8.2014 granted affiliation to the

petitioner college to conduct admission with 100 seats of one

year B.Ed. course from Academic Year 2014­2015 till

continuation of accreditation of NCTE.

7. By the National Council for Teacher Education

(Recognition, Norms and Procedure) Regulations, 2014

(hereinafter referred to as ‘2014 Regulations’), notified on

28.11.2014, a two­year B.Ed. course was introduced instead of

one­year B.Ed. course from Academic Session 2015­2016

onwards.

8. Petitioner­college by an affidavit agreed to come under

2014 Regulations and sought for two basic units (100 seats) in

B.Ed. course, which requires additional facilities. Vide order

dated 23.5.2015, petitioner­college was granted recognition for

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two­year B.Ed. course for Academic Session 2015­2016 with an

annual intake capacity of 100 seats. Petitioner­college was also

granted recognition for D.El.Ed. course vide order dated

2.5.2016 with an annual intake of 50 seats for two years

duration from Academic Session 2016­2017 to 2017­2018.

9. On 3.6.2016, after receiving NOC, the petitioner­college

submitted its online application to NCTE seeking recognition for

additional two units (100 seats) for D.El.Ed. and B.Ed. courses

along with relevant documents.

10. Vide order dated 26.9.2017, respondent No.3 – Bihar

School Examination Board granted affiliation to the petitioner­

college for conducting D.El.Ed. course with one unit (50 seats)

from Academic Session 2017­2019.

11. In the 280th meeting of NCTE, held on 29.2.2020 and

1.3.2020, a visiting team was constituted under the provisions

of Section 15 of the said Act so as to inspect the infrastructure

and instructional facilities for additional intake in B.Ed. and

D.El.Ed. courses. However, on account of Covid­19 pandemic,

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inspection could not take place as scheduled. Subsequently,

inspection in the petitioner­college came to be conducted on

8.3.2021 and a letter of intent was issued in favour of the

petitioner­college by NCTE for additional intake in B.Ed. and

D.El.Ed. courses as to the proposal submitted by the petitioner­

college on 10.6.20216. In the 290 th meeting held on 3.3.2021,

NCTE found that the petitioner­college has adequate facility

required for conducting teachers’ courses. Petitioner­college

was therefore asked to intimate its willingness on an affidavit

about the number of units sought for the purpose of granting of

the formal recognition. Petitioner­college replied thereto stating

that the petitioner­college has the necessary infrastructure for

additional intake of two units for B.Ed. course and two units for

D.El.Ed. course. Recognition was granted to the petitioner­

college for additional intake of two units in B.Ed. course and

two units in D.El.Ed. course in the 291 st meeting of NCTE, held

on 12.4.2021. However, by the said resolution, the recognition

has been granted for Academic Year 2022­2023 and not for

Academic Year 2021­2022.

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12. In this background, the petitioner­college has

approached this Court seeking a direction to the respondents to

grant recognition for Academic Year 2021­2022.

WRIT PETITION (CIVIL) NO. 532 OF 2021

13. In the present case, the petitioner­college had applied

in pursuance to the public notice issued by NCTE in the year

2015 thereby inviting applications for running D.El.Ed. course

from Academic Session 2016­2017. Though the petitioner’s

application was pending since 2015, the Eastern Regional

Committee of NCTE (hereinafter referred to as ‘ERC’) in its 292 nd

meeting, held on 20.4.2021, decided to grant recognition to the

petitioner­college from Academic Session 2022­2023. The

petitioner has, therefore, approached this Court seeking similar

relief for a direction to grant recognition from the Academic

Year 2021­2022.

WRIT PETITION (CIVIL) NO. 793 OF 2021

14. In the present case also, the petitioner, in pursuance to

the public notice issued by the NCTE in the year 2015, made

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an application for running B.Ed. and D.El.Ed. courses. The

Department of School Education and Literacy Department

(Primary Education Secretariat), State of Jharkhand has also

granted ‘No Objection Certificate’ (NOC) for running D.El.Ed.

course on 26.2.2016. The application of the petitioner was

rejected by ERC vide order dated 14.4.2016 insofar as D.El.Ed.

course is concerned. The reason given was that the NOC had

not been received from the Directorate of Primary Education,

Government of Jharkhand. ERC also rejected the application

of the petitioner for B.Ed. vide order dated 14.4.2016 on the

ground that the institution has not submitted the NOC for the

D.El.Ed. programme and as such, recognition for B.Ed. course

cannot be granted.

15. There was a series of litigation between the petitioner

and the NCTE. The Division Bench of the Jharkhand High

Court vide order dated 2.4.2019 allowed LPA no.148 of 2018

and directed ERC and NCTE to revive the application of the

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petitioner and to process the same for Academic Session 2020­

2022.

16. Thereafter, there were certain correspondences between

ERC of NCTE and the petitioner with regard to certain

compliances. Finally, ERC in its 293 rd meeting, held on

9.6.2021, decided to grant recognition to the petitioner for

conducting D.El.Ed. and B.Ed. courses from Academic Session

2022­2023 with an annual intake of 100 seats (two units) in

each course.

17. In this background, the petitioner has approached this

Court seeking a similar relief.

WRIT PETITION (CIVIL) NO. 778 OF 2021

18. The petitioner applied for grant of

permission/recognition to run D.El.Ed. course on 5.7.2016 for

two units of 50 students each. NCTE granted permission to the

petitioner on 14.2.2018 to run one unit i.e. 50 students in

respect of D.El.Ed. course. There were certain litigations with

regard to non­grant of second unit to the petitioner. Finally, in

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its 291st meeting, held on 12.4.2021, ERC decided to issue one

additional unit of intake to the petitioner for running D.El.Ed.

course from Academic Session 2022­2023. Petitioner also

seeks similar relief as sought by the other petitioners.

WRIT PETITION (CIVIL) NO. 789 OF 2021

19. The petitioner had applied on 20.10.2008 for

conducting B.Ed. course with intake of 100 students (two

units). There were series of litigations between the petitioner

and the North Regional Committee of the NCTE (hereinafter

referred to as ‘NRC’). On 13.1.2021, the Western Regional

Committee of the NCTE (hereinafter referred to as ‘WRC’), which

now has the jurisdiction to process the applications pertaining

to institutions in Rajasthan, issued letter of intent after finding

no deficiency in the petitioner­institution. WRC in its 337 th

meeting (virtual) held on 7th­9th July, 2021, decided to grant

recognition to the petitioner­institution for conducting B.Ed.

with intake of two units (100 seats) from the Academic Session

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2022­2023. In this background, the petitioners approached

this Court seeking similar relief.

WRIT PETITION (CIVIL) NO. 794 OF 2021

20. In the present case also, the petitioner­college in

response to the public notice issued in the year 2015 by the

NCTE applied on 30.6.2015 for grant of recognition for B.Ed.

course from Academic Session 2016­2017. Vide order dated

10.11.2016, the application of the petitioner­college came to be

rejected by the WRC in its 262 nd meeting. The petitioner

preferred statutory appeal, which was allowed and WRC was

directed to reconsider the issue. After series of

correspondences and some litigation, WRC in its 337 th meeting

decided to grant recognition to the petitioner for conducting

B.Ed. course from the Academic Session 2022­2023. The

petitioner has therefore approached this Court seeking similar

relief.

WRIT PETITION (CIVIL) NO. 608 OF 2021

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21. The petitioner in pursuance to the public notice issued

by NCTE in the year 2015 applied for grant of recognition for

conducting B.Ed. course from the Academic Session 2016­2017

with an annual intake of 100 students. The said application

was made on 2.6.2015. After a long period of six years, ERC in

its 292nd meeting, held on 20.4.2021, decided to grant

recognition to the petitioner­institution for conducting B.Ed.

course of two years duration with an annual intake of 100

students (two basic units) from the Academic Session 2022­

2023. As such, petitioner has approached this Court seeking

similar relief.

WRIT PETITION (CIVIL) NO. 602 OF 2021

22. In the present case also, the petitioner, in response to

the public notice issued by the NCTE, submitted its application

in the year 2016 for grant of recognition for conducting B.Ed.

and D.El.Ed. courses. The application of the petitioner­college

came to be rejected in the year 2018. Being aggrieved thereby,

the petitioner had approached the Delhi High Court by filing

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Writ Petition (Civil) No. 5888 of 2018. The Delhi High Court by

order dated 28.5.2018 directed ERC to consider the application

of the petitioner de hors the requirement of NOC. Accordingly,

ERC in its 291st meeting, held on 12.4.2021, granted

recognition to the petitioner for conducting B.Ed. and D.El.Ed.

courses for two units (100 students) from the Academic Session

2022­2023. The petitioner therefore approached this Court

seeking similar relief.

WRIT PETITION (CIVIL) NO. 601 OF 2021

23. In the present case also, the petitioner, in response to

the public notice issued in the year 2015 by the NCTE, sought

recognition for conducting B.Ed. course from the Academic

Session 2016­2017 with an annual intake of 100 students vide

application dated 15.6.2015. The said application was pending

for a period of six years and finally ERC in its 292 nd meeting

held on 20.4.2021 granted recognition to the petitioner for

conducting B.Ed. course of two­year duration with an annual

intake of 100 students (two basic units) from Academic Session

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2022­2023. The petitioner thus approached this Court seeking

similar relief.

WRIT PETITION (CIVIL) NO. 538 OF 2021

24. In the present case also, the petitioner, in response to

the public notice issued in the year 2015 by the NCTE, sought

recognition for conducting D.El.Ed. course from the Academic

Session 2016­2017 with an annual intake of 100 students vide

application dated 15.6.2015. The said application was pending

for a period of six years and finally ERC in its 292 nd meeting

held on 20.4.2021 granted recognition to the petitioner for

conducting D.El.Ed. course of two­year duration with an

annual intake of 100 students (two basic units) from Academic

Session 2022­2023. The petitioner thus approached this Court

seeking similar relief.

WRIT PETITION (CIVIL) NO. 711 OF 2021

25. In the present case, the petitioner had applied for grant

of recognition for conducting B.Ed. course with intake of 100

students (two units) on 24.12.2012. The said application was

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returned on ban imposed by the Government of Haryana. The

petitioner therefore approached the Delhi High Court by filing

Writ Petition (Civil) No.2383 of 2018. The said petition was

allowed on 14.3.2018 thereby directing the respondents to

reconsider the petitioner’s application. NRC in its 295 th

meeting issued show cause notice to the petitioner to which

reply was submitted by the petitioner on 29.3.2019. The

petitioner again approached the Delhi High Court by way of

filing Writ Petition (Civil) No.2835 of 2019 and the Delhi High

Court remanded the matter to NRC for reconsideration by order

dated 6.11.2019. NRC, in its 335 th (virtual) meeting, decided to

grant recognition to the petitioner­institution for conducting

B.Ed. course of two­year duration with an intake of 100 seats

(two basic units) from the Academic Session 2022­2023. Thus,

the petitioner approached this Court seeking similar relief.

WRIT PETITION (CIVIL) NO. 823 OF 2021

26. The petitioner had submitted its application in the year

2015 for conducting B.Ed. course. A letter of intent also came

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to be issued to the petitioner. There were exchange of

communications between NRC and the petitioner leading to no

result. As such, the petitioner filed a writ petition being Writ

Petition (Civil) No.1522 of 2021 before the Delhi High Court.

The said petition came to be disposed of by order dated

5.2.2021 directing the respondents to consider the petitioner’s

application within 10 weeks. In term of the decision taken by

NRC in its 336th meeting, by order dated 28.6.2021, it granted

recognition to the petitioner for conducting B.Ed. course from

the Academic Session 2022­2023 with annual intake of 50

students. Hence, the petitioner approached this Court seeking

similar relief as sought by the other petitioners.

27. We have heard Shri Amitesh Kumar, Shri Shreeyash

Uday Lalit and Shri Mayank Manish, learned counsel for the

petitioners, Ms. Manisha T. Karia, learned counsel for NCTE,

Dr. Manish Singhvi, learned Senior Counsel appearing for the

State of Rajasthan and Shri Kunal Chatterji, learned counsel

for West Bengal Board of Primary Education.

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28. It is contended on behalf of the petitioners that though

NCTE or its Regional Committees after having satisfied granted

recognition to the petitioners­colleges/institutions for the

Academic Year 2022­2023, for no reason, the recognition is not

granted for the Academic Year 2021­2022. It is submitted that

the petitioners have fully complied with all the infrastructural

requirements of the NCTE and there is no reason as to why

recognition should not be granted for the Academic Year 2021­

2022.

29. Ms. Manisha T. Karia, learned Advocate­on­Record for

the NCTE submitted that taking into consideration the time

frame as is prescribed by this Court in the case of Maa

Vaishno Devi Mahila Mahavidyalaya v. State of Uttar

Pradesh and others1, the recognition has been granted only

from the Academic Year 2022­2023 and not from the Academic

Year 2021­2022. Learned counsel for the respondent – States

also submit that the petitions deserve to be dismissed.

1 (2013) 2 SCC 617

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30. As could be seen from the facts narrated herein above,

proposal of the petitioners for grant of recognition for

conducting either B.Ed. course or D.El.Ed. course or for both

have been pending for considerable periods. In some cases,

they have been pending as long as for a period of six years. In

some cases, there has been series of litigations.

31. However, the factor that is common in all the matters is

that NCTE or its Regional Committees, after considering all the

necessary requirements, have granted recognition for

conducting B.Ed./D.El.Ed. course for Academic Session 2022­

2023.

32. It will be relevant to refer to paragraph 2 of the order

dated 19th April, 2021 passed by the NCTE in the lead matter

i.e. Writ Petition (Civil) No.518 of 2021, which read thus:

“2. AND WHEREAS, on scrutiny of the
application submitted by the institution, the
documents attached therewith the affidavit
submitted and the report received from VT and
videography, and the certificates received from
the affiliating body, the Committee is satisfied
that the applicant fulfils the requirements

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 under the provisions of NCTE Act, Rules and
relevant Regulations including the Norms and
Standards for the said teacher education
programme such as instructional facilities,
infrastructural facilities, financial resources,
etc., for running the programme.”

33. Perusal of the other petitions would reveal that either

identical or similar reasons have been given while granting

recognition. It could thus be seen that recognition has been

granted by NCTE or its Regional Committees on scrutiny of the

applications submitted by the institutions, the documents

attached therewith, the affidavits submitted and the reports

received from Visiting Teams and videography. It also mentions

that the Committee was satisfied that the applicant(s) fulfills

the requirement under the provisions of NCTE Act, rules and

relevant Regulations, after considering the certificates issued

from the affiliating bodies. The order also records its

satisfaction with regard to Norms and Standards for the teacher

education programme such as instructional facilities,

infrastructural facilities, financial resources, etc. for running

the programme.

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34. After arriving at such a satisfaction, we are of the view

that there can be no rational for NCTE or its Regional

Committee to deny the recognition from the Academic Year

2021­2022 and insist on recognition for Academic Session

2022­2023. It is not in dispute that the counselling for

admission is yet to commence. Insofar as the time­line

prescribed in the judgment of this Court in the case of Maa

Vaishno Devi Mahila Mahavidyalaya (supra) is concerned,

this Court itself in catena of orders placed on record has

modified the time­line fixed therein. We find that same course

needs to be followed in the present matter, particularly, when

the delay is not attributable to the petitioners, but, on the

contrary to NCTE or its Regional Committees.

35. We therefore allow the petitions in the following terms:

(i) The cut­off date fixed by this Court in Maa

Vaishno Devi Mahila Mahavidyalaya (supra) is

extended in the facts of these cases;

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(ii) It is held and declared that the petitioners would

be entitled to the recognition granted by

respective orders passed by NCTE or its Regional

Committees from the Academic Session 2021­

2022 instead of Academic Session 2022­2023.(iii) The Respondent – NCTE and its Regional

Committees are directed to issue formal

orders/notifications in that regard within a period

of three days from today.

(iv) The State and other Authorities would consider

grant of affiliation and/or other requisite

permissions within a period of 15 days from

today;

(v) The petitioners would be entitled to admit the

students for Academic Session 2021­2022 as per

the sanction granted by NCTE for the Academic

Session 2022­2023.

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 (vi) The name of the petitioner­colleges/institutions

shall be included in the counselling programme

for admissions.

36. The writ petitions are allowed and disposed of in the

above terms. Consequently, all pending applications shall

stand disposed of.

…..……………………..J.
[R.F. NARIMAN]

………………………….J.
[B.R. GAVAI]

NEW DELHI;
AUGUST 11, 2021.

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