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TMI Blog2011 (2) TMI 1623X X X X Extracts X X X X X X X X Extracts X X X X ..... andhi Nagar, Kullu, Himachal Pradesh. The Institute was recognized by National Council for Teacher Education (for short, `NCTE') by order dated 17.7.2000 for conducting Two-year Junior Basic Training (JBT) course with an intake of 50, from the academic session 2000- 2001. NCTE increased the intake to 100 from the academic session 2002-2004. After getting recognition, the Institute applied for affiliation to the Examining Body - Himachal Pradesh Board of School Education (`Board' for short) on 31.8.2001. The Board granted affiliation to the Institute for the two-year JBT course (2001-2003) by two orders that is order dated 31.12.2001 for the first year of the two-year course (2001-2002) and order dated 27.12.2002 for the second year of the two-year course (2002-2003). The Board however did not grant affiliation for the subsequent JBT courses and in fact refused affiliation by order dated 20.1.2004. Ultimately it is stated that affiliation to the Institute was granted by the Board only in the year 2009. The State Government by letter dated 17.10.2002, however granted one time relaxation in regard to students admitted by the Institute for the academic sessions 1999-2001 and 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he students admitted in 1999, against the judgment dated 13.1.2006 in CWP No. 819/2003, 1178, 1188, 1194, 1204 of 2004 and 50/2005, relating to the 1999-2001 batch. CA Nos. 1230- 1231/2011 are filed by the Society/Institute against the judgment dated 12.7.2007 in CWP No. 170/2005 and 1231/2005 relating to 2003-2005 batch. CA Nos. 1232-1233/2011 are filed by the society/Institute against the judgment dated 12.7.2007 in CWP Nos. 251 and 252 of 2005 relating to academic sessions 2004-2006 and 2005-2007. CA Nos. 1228 1229 of 2011 (Admissions made in 1999) 6. The Institute admitted 160 students to the two-year JBT course, in the year 1999. The state government by letter dated 17.10.2002 addressed to the Board, communicated its decision to grant one-time relaxation in respect of admission of students made by the Institute for the academic session 1999-2001 and directed the Board to conduct the examination for them. In pursuance of such one-time relaxation by the State Government, the Board considered the eligibility of the 160 students admitted for the 1999-2001 academic session and found 68 students to be eligible and permitted them to take examination and announced their resu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 17.7.2000. 9. Section 14 of the National Council for Teacher Education Act, 1993 ('NCTE Act' for short) relates to recognition of institutions offering course or training in teacher education. Sub-section (1) thereof provides that every institution offering or intending to offer a course or training in teacher education on or after the appointed day, may, for grant of recognition under the Act, make an application to the Regional Committee concerned in such form and in such manner as may be determined by regulations. NCTE Act came into force on 1.7.1995 and the appointed day under the said Act is stated to be 17.8.1995. A combined reading of Sections 14 and (5), 15 , 16 , and 17 and (4) of NCTE Act make it clear that after the appointed day, no institution can commence or offer a course or training in teacher education without recognition by the NCTE and consequently, no student could be admitted to such course or training nor could be permitted to appear in any examination relating to such course or training. The Society established and started the Institute after the appointed day. The Society applied to NCTE for recognition on 11.4.1997. NCTE required the Society to o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s persuaded to issue directions on humanitarian grounds which were in effect destructive of its own findings, and the law laid down by it. The Full Bench issued directions permitting the students to appear at the examination and directing the Appellant authorities to make a special provision for supplementary examination. These directions in our opinion were unauthorized and wholly unjustified.... Courts cannot grant relief to a party on humanitarian grounds contrary to law. Since the students of unrecognized institutions were legally not entitled to appear at the examination held by the Education Department of the government, the High Court acted in violation of law in granting permission to such students for appearing at the public examination. 11. The practice of admitting students by unrecognized institutions and then seeking permission for the students to appear for the examinations have been repeatedly disapproved by this Court (See: N. M. Nageshwaramma v. State of AP (1986) Supp. SCC 166, A.P. Christian Medical Education Society v. Government of AP (1986) 2 SCC 667, and State of Maharashtra v. Vikas Sahelrao Roundale (1992) 4 SCC 435 ). We, therefore, find no reason t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bmitted that where an institution is granted recognition by NCTE, the affiliation with the examining body should automatically follow and in view of such deemed affiliation, the Examining Body had no discretion to deny affiliation. He submitted that when NCTE granted recognition on 17.7.2000, the institute bona fide proceeded on the assumption that the affiliation with the Examining Body was automatic and therefore it had proceeded to make admissions without awaiting any specific order of affiliation. 15. The purpose of `recognition' and `affiliation' are different. In the context of NCTE Act, `affiliation' enables and permits an institution to send its students to participate in the public examinations conducted by the Examining Body and secure the qualification in the nature of degrees, diplomas, certificates. On the other hand, `recognition' is the licence to the institution to offer a course or training in teacher education. Prior to NCTE Act, in the absence of an apex body to plan and co-ordinate development of teacher education system, respective regulation and proper maintenance of the norms and standards in the teacher education system, including grant of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on is granted by NCTE, it is implied that NCTE has satisfied itself on those aspects. Consequently, the examining body may not refuse affiliation on the ground that the institution does not have adequate financial resources, accommodation, library, qualified staff, or laboratory required for proper functioning of the institution. But this does not mean that the examining body cannot require compliance with its own requirements in regard to eligibility of candidates for admissions to courses or manner of admission of students or other areas falling within the sphere of the State government and/or the examining body. Even the order of recognition dated 17.7.2000 issued by NCTE specifically contemplates the need for the institution to comply with and fulfill the requirement of the affiliating body and state government, in addition to the conditions of NCTE. We extract below conditions 4, 5 6 of the order of recognition issued by NCTE in this behalf: 4. The admission to the approved course shall be given only to those candidates who are eligible as per the regulations governing the course and in the manner laid down by the affiliating University/State Government. 5. Tuition fee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y criteria prescribed by the Board and their results should be declared. To this limited extent, the appeals relating to 2002 and 2003 admissions succeed. CA No. 1227/2011 and 1230-1231/2011 are disposed of accordingly. 19. The High Court has directed that the Society and Institute having violated the statutory provisions and norms, should refund the fees taken from all students who were writ Petitioners and also pay to each of them Rs. 50,000/- as damages. The said direction of the High Court to pay damages of Rs. 50,000/- to each student, is set aside insofar as students admitted in the years 2002 and 2003. Civil Appeal Nos. 1232-1233/2011 (re : 2004-2006 and 2005- 2007) 20. These appeals arise from the dismissal of the writ petitions (WP No. 251-252/2005) filed by the society and the institute for the following reliefs: (a) for grant of affiliation to the Institute for 2004-2006 and 2005-2007; (b) for quashing the Notifications dated 20.6.2002 and 25.6.2002; and (c) for a direction to the State Government and the Board to sponsor students for the academic sessions 2004-2006 and 2005-2007. 21. Admittedly no candidates were allotted by the state government to the Ins ..... X X X X Extracts X X X X X X X X Extracts X X X X
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