9911796707
TMI Blog2011 (5) TMI 302X X X X Extracts X X X X X X X X Extracts X X X X ..... d not granted recognition to them - The students who may have taken admission and completed the course from an institution, which had not been granted recognition, will not be able to impart value based education to the future generation of the country - Therefore, we do not consider it proper to issue direction for regularising the admissions made by the appellants on the strength of the interim orders passed by this Court - Appeal is dismissed X X X X Extracts X X X X X X X X Extracts X X X X ..... ecognition under Section 14 or permission under Section 15. Section 29 declares that the NCTE shall, in the discharge of its functions and duties under the Act be bound by such directions on questions of policy as the Central Government may give in writing from time to time and the decision of the Central Government as to whether a question is one of policy or not shall be final. Section 31(1) empowers the Central Government to make rules for carrying out the provisions of the Act. Section 31(2) specifies the matters in respect of which the Central Government can make rules. Under Section 32(1) the Council can make regulations for implementation of the provisions of the Act subject to the rider that the regulations shall not be inconsistent with the provisions of the Act and the rules made thereunder. Section 32(2) specifies the matters on which the Council can frame regulations. Sections 12, 14 to 16 and 17-A of the Act, which have bearing on the decision of these appeals read as under: "12. Functions of the Council.- It shall be the duty of the Council to take all such steps as it may think fit for ensuring planned and coordinated development of teacher education and for the de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n receipt of an application by the Regional Committee from any institution under sub-section (1), and after obtaining from the institution concerned such other particulars as it may consider necessary, it shall,- (a) if it is satisfied that such institution has adequate financial resources, accommodation, library, qualified staff, laboratory and that if fulfils such other conditions required for proper functioning of the institution for a course or training in teacher education, as may be determined by regulations, pass an order granting recognition to such institution, subject to such conditions as may be determined by regulations; or (b) if it is of the opinion that such institution does not fulfil the requirements laid down in sub-clause (a), pass an order refusing recognition to such institution for reasons to be recorded in writing:Provided that before passing an order under sub-clause (b), the Regional Committee shall provide a reasonable opportunity to the concerned institution for making a written representation. (4) xxx xxx xxx (5) Every institution, in respect of which recognition has been refused shall discontinue the course or training in teacher education from t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gional Committee concerned, under section 14 or permission for a course or training under section 15. 17-A. No admission without recognition.- No institution shall admit any student to a course or training in teacher education, unless the institution concerned has obtained recognition under section 14 or permission under section 15, as the case may be." 4. In exercise of the power vested in it under Section 32, the Council has framed regulations in 1995, 2002, 2005 and 2007. Since we are concerned with the 2007 Regulations, the relevant provisions thereof are reproduced below:- "5. Manner of making application and Time Limit (1) An institution eligible under Regulation 4, desirous of running a teacher education programme may apply to the concerned Regional Committee of NCTE for recognition in the prescribed form in triplicate along with processing fee and requisite documents. (2) xxx xxx xxx (3) xxx xxx xxx (4) xxx xxx xxx (5) xxx xxx xxx 7. Processing of Applications (1) The applicant institutions shall ensure submission of applications complete in all respects. However, in order to cover the inadvertent omissions or deficiencies in documents, the office of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f qualified faculty members before the commencement of the academic session. The letter issued under this clause shall not be notified in the Gazette. The faculty shall be appointed on the recommendations of the Selection Committee duly constituted as per the policy of the State Govt/Central Govt/University/UGC or the concerned affiliating body, as the case may be. The applicant institution shall submit an affidavit in the prescribed form that the Selection Committee has been constituted as stated above. A separate staff list with the details would be submitted in the prescribed form. The Regional Committee would rely on the above affidavit and the staff list before processing the case for grant of formal recognition. (10) xxx xxx xxx (11) The institution concerned, after appointing the requisite faculty/staff as per Regulation 7(9) above and fulfilling the conditions under Regulation 7(10) 1 above shall formally inform the Regional Committee concerned alongwith the requisite affidavit and staff list. The Regional Committee concerned shall then issue a formal recognition order that shall be notified as per provision of the NCTE Act. (12) xxx xxx xxx (13) xxx xxx xxx 8. Con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itutions are established keeping in view the requirement of trained teachers in different States and U.T. These guidelines read as under: "1. The establishment of teacher training institutions by the Government, private managements or any other agencies should largely be determined by assessed need for trained teachers. This need should take into consideration the supply of trained teachers from existing institutions, the requirement of such teachers in relation to enrolment projections at various stages, the attrition rates among trained teachers due to superannuation, change of occupation, death, etc. and the number of trained teachers on the live register of the employment exchanges seeking employment and the possibility of their deployment. The States having more than the required number of trained teachers may not encourage opening of new institutions for teacher education or to increase the intake. 2. The States having shortage of trained teachers may encourage establishment of new institutions for teacher education and to increase intake capacity for various levels of teacher education institutions keeping in view the requirements of teachers estimated for the next 10-15 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... titution for fulfilling norms prepared by NCTE may be kept in view. 9. In the establishment of an institution preference needs to be given to locations which have a large catchment area in terms of schools of different levels where student teachers can be exposed to demonstration lessons and undertake practice teaching. A training institution which has a demonstration school where innovative and experimental approaches can be demonstrated could be given preference." 6. For facilitating grant of recognition for establishment of teacher training institutions in different parts of the country, four Regional Committees including the Western Regional Committee at Bhopal (for short, `WRC, Bhopal') were set up by the NCTE. In 2006-2007, WRC, Bhopal granted recognition/permission to large number of colleges/institutions to start B.Ed./D.Ed. courses in the four States falling within its jurisdiction, i.e. Gujarat, Madhya Pradesh, Maharashtra and Goa. On receipt of complaints that grave irregularities were committed by WRC, Bhopal in granting recognition/permission, the Central Government (Ministry of Human Resource Development) in exercise of the power vested in it under Section 29 of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... NCTE headquarters. (e) If the WRC differs with the negative reasons/opinion of the State Government, cases will be forwarded to the NCTE headquarters." 8. The appellant institutions submitted applications in 2006 and 2007 for grant of recognition for starting D.Ed course. The establishments of the appellants were inspected in March, May, June and July 2008. After considering the inspection reports, WRC, Bhopal issued letters to the appellants requiring them to give clarification on some issues. The matter was again considered in the meetings of WRC, Bhopal held in September/October 2008 in the light of the directives issued by the Central Government and the appellants were informed that their cases will not be processed. This was done in the back-drop of the recommendations made by the State Government that there was no requirement of trained teachers in the State. In the cases of Rajarshi Sahoo Chatrapati Education Society, Jagruti Shikshan Sanstha and Navyuvak Shikshan Mandal, letters of intent were issued, but final recognition was not granted under Section 14 of the Act read with Regulation 8(12) of 2007 Regulations. The appeal filed by Navyuvak Sikshan Mandal under Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petition. By an order dated 26.4.2009/3.5.2010, WRC, Bhopal refused recognition to the appellant. The Writ Petition filed by the institute was allowed by the Division Bench of the High Court and WRC, Bhopal was directed to reconsider the appellant's plea for recognition. After remand, WRC, Bhopal reconsidered the appellant's application and rejected the same vide order dated 3.5.2010. The appeal preferred against that order was dismissed by the competent authority. This time, the appellant did not approach the Bombay High Court. Instead, it filed Writ Petition No. 6784 of 2010 in the Delhi High Court. By an order dated 17.1.2011, the learned Single Judge allowed the writ petition and remitted the matter to WRC, Bhopal for processing the applications of the appellant afresh. These additional facts clearly demonstrate that on the date of filing the special leave petition, appellant Abhyudya Sanstha did not have recognition in terms of Section 14 read with Regulation 7(11). The position of the other appellants is no better. Three of them got letters of intent but none was granted recognition. We have no doubt that if the appellants had not misrepresented the facts and made wrong stat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th Regulations 7 and 8 of the 2007 Regulations. Those managing the affairs of the appellants do not belong to the category of innocent, illiterate/uneducated persons, who are not conversant with the relevant statutory provisions and the court process. The very fact that each of the appellants had submitted application in terms of Regulation 7 and made itself available for inspection by the team constituted by WRC, Bhopal shows that they were fully aware of the fact that they can get recognition only after fulfilling the conditions specified in the Act and the Regulations and that WRC, Bhopal had not granted recognition to them. Notwithstanding this, they made bold statement that they had been granted recognition by the competent authority and thereby succeeded in persuading this Court to entertain the special leave petitions and pass interim orders. The minimum, which can be said about the appellants is that they have not approached the Court with clean hands and succeeded in polluting the stream of justice by making patently false statement. Therefore, they are not entitled to relief under Article 136 of the Constitution. This view finds support from plethora of precedents. In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch relief must come with frank and full disclosure of facts. If he fails to do so and suppresses material facts, his application is liable to be dismissed. We accordingly dismiss the special leave petitions." In Dalip Singh v. State of U.P. (2010) 2 SCC 114, this Court noticed the progressive decline in the values of life and observed: "For many centuries Indian society cherished two basic values of life i.e. "satya" (truth) and "ahimsa" (non-violence). Mahavir, Gautam Buddha and Mahatma Gandhi guided the people to ingrain these values in their daily life. Truth constituted an integral part of the justice-delivery system which was in vogue in the pre-Independence era and the people used to feel proud to tell truth in the courts irrespective of the consequences. However, post-Independence period has seen drastic changes in our value system. The materialism has overshadowed the old ethos and the quest for personal gain has become so intense that those involved in litigation do not hesitate to take shelter of falsehood, misrepresentation and suppression of facts in the court proceedings. In the last 40 years, a new creed of litigants has cropped up. Those who belong to this cree ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
