LexABHYUDYA SANSTHA versus UNION OF INDIA & ORS.
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[2011] 7 S.C.R. 611 ABHYUDYA SANSTHA v. UNION OF INDIA & ORS. (Civil Appeal Nos. 4305-06 of 2011) MAY 12, 2011 [G.S. SINGHVI AND K.S. RADHAKRISHNAN, JJ.] Education/Educational Institutions .,... Illegal admissions A B - Appellant-Educational Institutions filed SLP and made misleading statements before this Court that they were granted C recognition by the Regional Committee of the National Council for Teacher Education (NCTE) and thereafter, obtained interim orders directing the State Government to allot students to the appellant institutions for the D.Ed course - During pendency of SLP, the Regional Committee of the D NCTE refused recognition to the appellant institutions - Held: Appellants are not entitled to the relief under Article 136 - They deserve to be non-suited because they did not approach the Court with clean hands - Though the students were not party to the patently wrong and misleading E statements made by the appellants, butnone of the appellant 1 institutions were granted recognition by the Regional Committee and as such the appellants could not have admitted any students - Thus, there is no valid ground much less justification to confer legitimacy upon the admission F made by the appellants in a clandestine manner - Students who may have taken admission and completed the course from an institution, which had not been granted recognition, would not be able to impart value based education to the future generations of the country - Thus it is not proper to issue direction for regularising the admissions made by the G appellants - The students are not eligible for the award of degree by the affiliating body- Appellants directed to pay Rs. 1 lakh each to the said students by way of compensation - 611 H 612 SUPREME COURT REPORTS (2011] 7 S.C.R. A A/so cost of Rs. 2 lakh imposed on each of the appellants - Costs - Compensation - National Council for Teacher Education Act, 1993 - s. 14 - National Council for Teacher Education (Recognition, Norms and Procedure) Regulations, 2007 - Regulations 7 and 8 - Constitution of India, 1950 - B Article 136. Constitution of India, 1950 - Article 136 - Relief under - Entitlement for- Appellant Institutions made false statement of facts for seeking relief under Article 136 and obtained interim orders on the basis of misstatements made - Held: C Appellants not entitled to relief under Article 136 - Costs of Rs 2 /akhs imposed - Costs - Administration of justice - Abuse of process of court . . National Council for Teacher Education Act, 1993 - D Object of enactment - Explained. Appellant-Educational institutions applied for grant of recognition for starting D.Ed. course but in view of the recommendations made by the State Government that E there was no requirement of trained teachers in the State, the Regional Committee informed the appellants that their cases would not be processed. However, other educational institutions were issued letter of intent though final recognition was not granted. The Appellate Authority dismissed the appeal filed by one of the F educational institution. Meanwf'lile, respondent Nos. 6 and 7. filed a writ petition challenging the exercise undertaken by the Regional Committee for grant of recognition to over 290 institutions since it was granted in total disregard of the views of the State Government. G The Division Bench of the High Court quashed the said recognition granted by the Regional Committee. The appellant-educational institutions filed Special Leave Petitions praying for setting aside the orders passed by the Division Bench of the High Court as also filed H applications seeking permission to file Special Leave ABHYUDYA SANSTHA v. UNION OF INDIA & ORS. 613 Petitions by stating that the orders passed by the High A Court would adversely affect their right to continue the D.Ed. course. 'In the synopsis and list of dates, the appellants made categorical statement that after following the procedure prescribed under the National Council for Teacher ·Education Act, 1993 and the National Council for B Teacher Education (Recognition, Norms and Procedure) Regulations, 2007, the National Council for Teacher Education (NCTE) granted permission/recognition to them for starting D.Ed. course. The Supreme Court passed interim orders directing the State Government to· c allot students to the appellant institutions for D. Ed course. During the pendency of the Special
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