LexNATIONAL COUNCIL FOR TEACHER EDUCATION AND ANOTHER versus VENUS PUBLIC EDUCATION SOCIETY AND OTHERS
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[2012] 10 S.C.R. 919 NATIONAL COUNCIL FOR TEACHER EDUCATION AND A ANOTHER v. VENUS PUBLIC EDUCATION SOCIETY AND OTHERS (Civil Appeal No. 7749 of 2012) NOVEMBER 1, 2012 B [K.S. RADHAKRISHNAN AND DIPAK MISRA, JJ.] Educational institution - Seeking recognition from National Council for Teacher Education (NCTE) - For C academic session 2010-11 - Council asking the institution to remove deficiencies - The institution moving the Court for direction to grant recognition - High Court directing to consider the case for grant of recognition - NCTE issuing 'letter of intent' to the institution - The institution, instead of D complying with the same, moved court for grant of recognition for academic session 2011-12 - High Court directing to consider the case - NCTE issuing order of recognition for the academic session 2012-13 with direction to comply with post- recognition conditions and directing to give admission to E students only after obtaining affiliation from the examining body - The institution giving admission to students for academic session 2011-12 and approaching the court for direction to treat the recognition granted for the academic session 2012-13 as recognition for academic Session 2011- F 12 - High Court directing to grant recognition for academic session 2011-12 with annual intake of 50 students - On appeal, held: Direction of the High Court is contrary to the provisions of law and interpretation of 1993 Act and 2009 Regulations - The recognition granted for academic session G 2012-13 could not have been directed to be retrospectively operative as certain formalities remained to be complied with - The institution could not have given admission without recognition and affiliation with examining body - NCTE a/so 919 H 920 SUPREME COURT REPORTS [2012] 10 S.C.R. A should have acted in promptitude and not to create a feeling that educational institutions are harassed - National Council for Teacher Education Act, 1993 - s. 14 - National Council for Teacher Education (Recognition, Norms and Procedure) Regulations, 2009 - Regulations 5(5), 7(9), 7(11), 8(1) and B 8(12). The respondent-Society made an application in October 2009 to the Western Regional Committee (WRC) of National Council for Teacher Education (NCTE) for grant of recognition for the purpose of conducting C D.El.Ed. course from the academic session 2010-11. WRC asked the Society to remove certain deficiencies. On the basis of the report of the inspection of the Society, WRC refused recognition. The appellate authority, directed inspection by NCTE headquarters. As per the order, D inspection was conducted. After the submission of the report, appellate authority allowed the appeal, reversing the order of WRC and directing to process the case on merits. E The society filed writ petition No. 454112011 seeking direction for NCTE to grant recognition for the academic session 2010-11. During pendency of the petition, WRC intended to conduct further inspection. High Court quashed the decision of inspection by WRC and directed F to consider the case, for grant of recognition in accordance with order passed by appellate authority. As the order passed by High Court was not complied with, the society filed another writ petition. High Court observed that the society was at liberty to file a contempt G petition. WRC then issued 'letter of intent' under Clause 7(9) of National Council for Teacher Education (Recognition, Norms and Procedure) Regulations, 2009. In the meantime the society filed contempt petition for non- H compliance of order passed in writ petition No. 454112Q.11. NATIONAL COUNCIL FOR TEACHER EDUCATION v. 921 VENUS PUBLIC EDUCATION SOCIETY The High Court directed to consider the case of the A Society. During pendency of the contempt petition, the Society filed still another writ petition for direction for grant of recognition for academic session 2011-12. WRC 8 on 27-1-2011 issued an order of recognition of the session 2012-13 and directed the Society to comply with all post-recognition conditions enumerated under clause 8(11) to 8(16) of 2009 Regulations. It was stated that the Society to make admission only after it obtained affiliation from examining body. The Society again filed writ petition C for direction to grant the recognition from academic session 2011-12 or to treat the recognition dated 27-10- 12 as the recognition for the session 2011-12. The High C
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