NDLI: Chairman, Bhartia Education Society & Anr. Vs. State of Himachal Pradesh & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	National Council for Teacher Education Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	National Council for Teacher Education Act, 1993 (73 of 1993)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Education/Educational Institutions: National Council for Teacher Education Act, 1933:s. 14 - Recognition of Institutions offering course or training in teacher education Teacher Training Institute run by appellant society - Recognition of Institute by National Council for Teacher Education (NCTE) for conducting two year Junior Basic Training (JBT) from the academic session 2000 - 2001 - Grant of affiliation to the lnsitute for the JBT course (2001-2003) by State Board of School Education. Admission of 160 students to the two year JBT course in year · 1999 - Grant of one-time relaxation in respect of students admitted by the Institute for the academic session 1999 - 2001 and direction to the Board to conduct examination 68 students found eligible out of 160 and permitted to take examination and their result was announced . Remaining 92 students were found ineligible but were permitted to take the first year examination - However, their results were not announced· nor were permitted to take 'second year examination - Writ Petition by the 92 students seeking direction to the Board to declare their first year results and conduct the second year examination - Dismissed by the High Court - On appeal, held: Practice of admitting students by unrecognised institutions and then seeking permission for the students to appear for the examinations cannot be accepted .- Having regard to the provisions of the NCTE Act, could not offer the JBT course nor admit any students to suchcourse . There was no recognition in the year 1999 .Therefore, the admissions made by the Institute in the year 1999 for the academic session 1999-2001 are illegal and irregular and could not be approved, recognised or regularised .The fact that the admissions of 68 students of 1999-2001 batch had been regularised cannot be a ground to perpetuate an illegality by requiring the Board to conduct the examinations for the remaining 92 students admitted in the year 1999 or declare their results - Thus, order of the High Court does not call for interference.s. 14(6) - Grant of affiliation to the Institution, where recognition has been granted - Recognition of Institute for conducting two years Junior Basic Training (JBT) course in the year 2000 - Grant of affiliation to the Institute for the JBT course (2001-2003), however, affiliation for subsequent JBT course not granted - Affiliation granted to the institute only for the year 2009 - Admission of student to the JBT course in the year 2002 and 2003 - Writ petitions seeking a direction to the Board to conduct the examinations for the academic session 2002-2004, and to grant affiliation to the Institute and permit students of 2003-2005 batch to appear for examination respectively - Disposed of, by the High Court - Direction issued to refund the fees paid by the students and pay Rs 50, 0001- as damages - On appeal, held: An institution requires the recognition of NCTE as well as affiliation with the examining body, before it can offer a course or training in teacher education or admit students-to such course or training. Sub-section (6) of Section 14 mandates every examining body to grant affiliation to the institution on receipt of the order of NCTE granting recognition to such institution - Recognition is a condition precedent for affiliation - Further, sub-section (6) of section 14 cannot be interpreted in a manner so as to make the process bf affiliation, an automatic rubber-stamping consequent upon recognition, without any kind of discretion in the examining body to examine whether the institution deserves affiliation or not, independent of the recognition .On facts, the Institute apparently proceeded under the mistaken impression that the recognition by NCTE on 17. 7. 2000, which was granted after the State Government issued a NOC, resulted in automatic affiliation with the examining body - ·The Board had granted affiliation to the Institute for an earlier period and also granted affiliations for the subsequent period - The students admitted in 2002 and 2003 have already completed the course and have also been permitted by the Board - In the interest of justice, the admissions of students to the Institute in the years 2002 and 2003 should be regularised subject to fulfilling the eligibility criteria prescribed by the Board and their results should be declared - Direction of the High Court to pay damages of Rs · 50, 0001- to students admitted in 2002 and 2003, set aside.'Recognition' and affiliation' - Purpose of - Held: are different - 'Affiliation' enables and permits an institution to send its students to participate in the public examinations conducted by the Examining Body and secure qualification in the nature of degrees, diplomas, certificates - 'Recognition' is licence to the institution to offer a course or training in teacher education.s. 14(6) - Grant of affiliation to the institution, where recognition has been granted - Recognition of institute for conducting two years Junior Basic Training (JBT) course in the year 2000 - Affiliation to the institute for two years JBT course (2001-2003), however, affiliation for subsequent JBT course not granted - Affiliation to the Institute granted only for the year 2009 - Writ petition seeking affiliation to the Institute for academic session 2004-2006 and 2005-2007 and direction to the Government to sponsor students for admission for the said academic session - Dismissed by the High Court - On appeal held: No candidates were allotted by the State Government to the Institute, nor did the Institute independently admit any candidate for the academic sessions 2004-2006 and 2005-2007 - The prayer seeking a direction to the Board to allot candidates for 2004-2006 and 2005-2007 does not survive - The question of granting affiliation for those years is academic and does not arise for consideration .Notifications related to constitution of a committee to examine whether the Institute had committed any irregularities in making admission in the past before the recognition by NCTE, not erroneous - After recognition by NCTE and affiliation with the Board in 2009, the issue is academic.Thus, the appeals are dismissed as having become infructuous.
Judge	Hon'ble Mr. Justice R.V. Raveendran
Neutral Citation	2011 INSC 93
Petitioner	Chairman, Bhartia Education Society & Anr.
Respondent	State Of Himachal Pradesh & Ors.
SCR	[2011] 2 S.C.R. 461
Judgement Date	2011-02-02
Case Number	1227

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