NEHRU GRAM BHARATI UNIVERSITY versus STATE OF U.P. & ORS.

Citation: [2018] 12 S.C.R. 578 · Decided: 24-10-2018 · Supreme Court of India · Bench: A.K. SIKRI · Disposal: Leave Granted & Dismissed

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Judgment (excerpt)

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SUPREME COURT REPORTS
[2018] 12 S.C.R.
NEHRU GRAM BHARATI UNIVERSITY
v.
STATE OF U.P. & ORS.
(Civil Appeal Nos. 10677–10678 of 2018)
OCTOBER 24, 2018
[A. K. SIKRI AND ASHOK BHUSHAN, JJ.]
Education/Educational Institutions: Recognition of course –
Basic Teachers Certificate Course – Admission of students in the
Academic Session 2008-09 and 2009-10 in the Deemed University –
Said course quashed by the Director, State Council of Educational
Research and Training (SCERT) – Writ petition by students seeking
issuance of direction upon the SCERT to recognize the BTC Course
and the certificates awarded by the Deemed University as legal
and valid for selection and appointments – Dismissed by the Single
Judge – Division Bench held that the Deemed University was not
legally authorised to start the BTC Course for the Academic Session
2008-09 and 2009-10 respectively in the absence of strict
compliance of the letter of recognition and awarded compensation
of Rs. 50,000/- to each student by the Deemed University in addition
to refund of the entire fee which was paid for the two years course –
On appeal, held: BTC is a Teachers Training Course which was
regulated entirely and exclusively by National Council for Teacher
Training Act and the Regulations framed therein – Thus, the mere
conferment of Deemed University status did not entitle this University
to give BTC degrees to its students – University had to compulsorily
comply with the conditions specified by NCTE – Merely because
the college was conferred the status of Deemed University, these
conditions did not cease to apply as BTC is not one of the degrees
mentioned in the degrees specified by the UGC in the Official
Gazette – Though, the Deemed University has later on fulfilled the
conditions and got recognition from NCTE in respect of BTC Course
itself but it has happened only from the year 2012 onwards –
Admission of students in BTC Course for the Academic Sessions i.e.
2008-09 and 2009-10 was not permissible and such degrees cannot
be treated as validly recognized – Order awarding compensation is
upheld.
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[2018] 12 S.C.R. 578
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Dismissing the appeals, the Court
HELD: 1.1 The notification dated June 27, 2008 granting
status of Deemed University was subject to certain conditions.
Section 22 of UGC Act gives right upon such Deemed University
to confer degrees. It is clear that the right which was given to the
Deemed University to confer degrees pertain to those degrees
which are specified by the UGC in the Official Gazette. Admittedly,
BTC is not one of the degrees mentioned therein. The reason is
obvious. Insofar as BTC is concerned, it is a Teachers Training
Course which was regulated entirely and exclusively by NCTE
Act and the Regulations framed therein. First thing which follows,
therefore, is that mere conferment of Deemed University status
did not entitle this University to give BTC degrees to its students.
[Paras 28, 29]  [594-E-H; 595-A-B]
1.2 A University was granted permission by the NCTE to
start two years BTC Course vide letter dated 16.8.2005. However,
this was subject to fulfillment of the conditions mentioned therein.
These conditions are summarised by the High Court, in the
judgment. The High Court has concluded that many of the said
conditions were not fulfilled by the Deemed University which
position could not be disputed inasmuch as non–compliance was
admitted in the supplementary affidavit filed before the High
Court.  [Paras 30, 31]  [595-B-C; 596-D]
1.3 The gravamen of the charge is that the very conditions
which were laid down by the NCTE in giving the recognition have
not been fulfilled. Merely because the college was conferred the
status of Deemed University, these conditions did not cease to
apply as BTC is not one of the degrees mentioned in the degrees
specified by the UGC in the Official Gazette and that insofar as
BTC is concerned, it would still be governed by the NCTE Act
and regulations. It would be pertinent to mention here that the
Deemed University has later on fulfilled the conditions and got
recognition from NCTE in respect of BTC Course itself but it
has happened only from the year 2012 onwards. Insofar as issue
of non–fulfillment of conditions is concerned, the High Court has
rightly pointed out that it more or less stands admitted by the
Deemed University in its supplementary affidavit. [Para 32–34]
[597-H; 598-B-D]
NEHRU GRAM BHARATI UNIVERSITY v. STATE OF U.P.
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SUPREME COURT

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