CHAIRMAN, BHARTIA EDUCATION SOCIETY & ANR. versus STATE OF HIMACHAL PRADESH & ORS.

Citation: [2011] 2 S.C.R. 461 · Decided: 02-02-2011 · Supreme Court of India · Bench: R.V. RAVEENDRAN · Disposal: Disposed off

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Judgment (excerpt)

[2011] 2 S.C.R. 461 
CHAIRMAN, BHARTIA EDUCATION SOCIE_TY & ANR. 
v. 
STATE OF HIMACHAL PRADESH & ORS. 
(Civil Appeal No. 1227 of 2011) 
FEBRUARY 02, 2011 
[R.V. RAVEENDRAN AND A.K. PATNAIK, JJ.] 
. Education/Educational Institutions: 
A 
B 
National Council for Teacher Education Act, 1933: 
c 
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 
D 
2000 - 2001 - Grant of affiliation to the lns(itute 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 
E 
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 permitte(i to take the 
first year examination - However, their results were not 
F 
announced· nor were permitted to take 'second year 
examination - Writ Petition by the 92 students seeking 
direction to the Board to decfare their first year results and 
conduct the second year examination -
Di~missed by the 
High Court - On appeal, held: Practice of admitting students G 
by unrecognized institutions and then seeking permission for 
the students to appear for the examinations cannot be 
accepted .- Having regard to the plovisions o~ the NCTE Act, 
bef9._re NCTE granted recognition on 17. 7.20<)0, the Institute 
461 
H 
i 
462 
SUPREME COURT REPORTS 
[2011] 2 S.C.R. 
A could not offer the JBT course nor admit any students to such 
course -
Tfiere 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 · 
B regularised - The fact that the admissions of 68 students of 
1999-2001 batch had been regularized 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 
c Court does not call for interference. 
D 
N. M. Nageshwaramma vs. State of AP (1986) Supp. 
SCC 166; A.P. Christian Medical Education Society vs. 
Government of AP (1986) 2 SCC 667; State of Maharashtra 
vs. Vikas Sahelrao Roundale (1992) 4 SCC 435 - relied on . . 
State of Tamil Nadu vs. St. Joseph Teachers Training 
Institute (1991) 3 SCC 87 - referred to. 
s. 14(6) - Grant of affiliation to the Institution, where 
E 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 
F 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 
·G 
r 
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 
H - Sub-section (6) of Section 14 mandates evety examining 
' 
CHAIRMAN, BHARTIA EDUCATION SOC. v. STATE 463 
OF HIMACHAL PRADESH 
body to grant affiliation to the institution on receipt of the orqer A 
of NCTE granting recognition to such institution - Recognifion 
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 · B 
in the examining body to examine whether the institution 
deserves affiliation or not, independent of the recognition -
· On facts, the Institute apparentl

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