DEVENDRA PATHAK SARVODAYA COLLEGE OF EDUCATION versus NATIONAL COUNCIL FOR TEACHER EDUCATION AND ORS.

Citation: [2021] 8 S.C.R. 439 · Decided: 11-08-2021 · Supreme Court of India · Bench: R.F. NARIMAN

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Judgment (excerpt)

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DEVENDRA PATHAK SARVODAYA COLLEGE OF
EDUCATION
v.
NATIONAL COUNCIL FOR TEACHER EDUCATION
AND ORS.
(Writ Petition (C) No. 518 of 2021)
AUGUST 11, 2021
[R. F. NARIMAN and B. R. GAVAI, JJ.]
Education/Educational Institutions:
National Council for Teacher Education Act, 1993: s. 14(1)
– Recognition of institutions offering course or training in teacher
education – B Ed. and D.El.Ed. courses – Petitioner-Colleges sought
grant of recognition from National Council for Teacher Education-
NCTE for conducting either B.Ed. course or D.El.Ed. course or for
both – Grant of recognition by NCTE for conducting B.Ed./
D.El.Ed. course for Academic Session 2022-2023, on consideration
of all necessary requirements – However, recognition not granted
for Academic year 2021-2022 – Held: Order granting recognition
for Academic Session 2022-2023 recorded its satisfaction with
regard to the provisions of the Act and Rules and also with regard
to Norms and Standards for the teacher education programme – In
view thereof, there can be no rationale for NCTE or its Regional
Committee to deny the recognition from the Academic Year 2021-
2022 – Furthermore, counselling for admission is yet to commence
– Thus, the cut-off date fiXed by this Court in Maa Vaishno Devi
Mahila Mahavidyalaya’s case is eXtended in the facts of these cases -
Petitioners entitled to grant of recognition from the Academic Session
2021-2022 instead of Academic Session 2022-2023 – National
Council for Teacher Education (Recognition, Norms and Procedure)
Regulations, 2014.
Allowing and disposing of the writ petitions, the Court
HELD: 1.1 Proposal of the petitioners for grant of
recognition for conducting either B.Ed. course or D.El.Ed. course
or for both have been pending for considerable periods. However,
the NCTE or its Regional Committees, after considering all the
[2021] 8 S.C.R. 439
439
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SUPREME COURT REPORTS
[2021] 8 S.C.R.
necessary requirements, have granted recognition for
conducting B.Ed./D.El.Ed. course for Academic Session 2022-
2023. Perusal of the other petitions would reveal that either
identical or similar reasons have been given while granting
recognition. It could thus be seen that recognition has been
granted by NCTE or its Regional Committees on scrutiny of the
applications submitted by the institutions, the documents attached
therewith, the affidavits submitted and the reports received from
Visiting Teams and videography. It also mentions that the
Committee was satisfied that the applicant(s) fulfills the
requirement under the provisions of NCTE Act, rules and
relevant Regulations, after considering the certificates issued
from the affiliating bodies. The order also records its satisfaction
with regard to Norms and Standards for the teacher education
programme such as instructional facilities, infrastructural
facilities, financial resources, etc. for running the programme.
[Paras 30, 31, 33][448-E, F; 449-B-D]
1.2 After arriving at such a satisfaction, there can be no
rational for NCTE or its Regional Committee to deny the
recognition from the Academic Year 2021-2022 and insist on
recognition for Academic Session 2022-2023. The counselling
for admission is yet to commence. Insofar as the time-line
prescribed in the judgment of this Court in the case of Maa Vaishno
Devi Mahila Mahavidyalaya’s case is concerned, this Court itself
in catena of orders placed on record has modified the time-line
fiXed therein. The same course needs to be followed in the instant
matter, particularly, when the delay is not attributable to the
petitioners, but, on the contrary to NCTE or its Regional
Committees. [Para 34][449-D-F]
1.3 The cut-off date fiXed by this Court in Maa Vaishno Devi
Mahila Mahavidyalaya’s case is eXtended in the facts of these
cases; it is held that the petitioners would be entitled to the
recognition granted by respective orders passed by NCTE or its
Regional Committees from the Academic Session 2021-2022
instead of Academic Session 2022-2023; the Respondent NCTE
and its Regional Committees are directed to issue formal orders/
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notifications in that regard within the stipulated period; the State
and other Authorities would consider grant of affiliation and/or
other requisite permissions within the stipulated period; the
petitioners would be entitled to admit the students for Academic
Session 2021-2022 as per the sanction granted by NCTE for the
Academic Session 2022-2023; and the name of the petition

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