In a recent legal case, the court delved into the discrepancies surrounding the recognition of teacher education programs for the academic session 2021-2022. The focus was on the court’s in-depth legal analysis and its implications on the parties involved. Stay tuned to unravel the intricacies of this complex legal scenario.
Facts
- The petitioner-college filed a writ petition seeking recognition for additional units for B.Ed. and D.El.Ed. courses.
- Multiple litigations and applications were made by the petitioner-college over the years seeking recognition for various courses.
- Recognition was granted for different courses with specific annual intake capacities in different meetings held by NCTE and its committees.
- The petitioner approached the Court seeking similar relief granted to other petitioners in terms of recognition and annual intake capacities.
- Correspondences, inspections, and show cause notices were exchanged between the petitioner-college and NCTE/NRC/WRC for the grant of recognition.
- Various orders were passed by NCTE and its committees granting recognition for different courses with specific annual intake capacities for different academic sessions.
- The petitioner was granted recognition for B.Ed. and D.El.Ed. courses with specific annual intake capacities after facing multiple litigations and rejections initially.
- Delhi High Court directed ERC to consider petitioner’s application without NOC
- Jharkhand High Court directed ERC and NCTE to revive and process petitioner’s application for Academic Session 2020-2022
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Arguments
- Petitioners argue that recognition was granted for the Academic Year 2022-2023 but not for 2021-2022, despite fulfilling all NCTE infrastructural requirements.
- NCTE’s representative explains that recognition was granted only for 2022-2023 due to the time frame specified by the court in a previous case.
- Learned counsel for the respondent states support the dismissal of the petitions.
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Analysis
- Acknowledgement of satisfaction with Norms and Standards for teacher education programme
- Recognition granted after scrutiny of applications, documents, affidavits, reports, and videography
- No rational for denying recognition for Academic Year 2021-2022
- Recognition granted for B.Ed./D.El.Ed. courses for Academic Session 2022-2023 after considering requirements
- Pending proposals for considerable periods up to six years
- Consistency in granting recognition after fulfilling NCTE Act, rules, and Regulations
- Mention of satisfaction with applicant fulfilling requirements as per NCTE regulations
- The time-line prescribed in the judgment of the Court in the case of Maa Vaishno Devi Mahila Mahavidyalaya has been modified in various orders.
- The same course of modification needs to be followed in the present matter.
- The delay in the matter is not attributable to the petitioners but to NCTE or its Regional Committees.
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Decision
- The cut-off date set by the Court in Maa Vaishno Devi Mahila Mahavidyalaya is extended for the cases at hand.
- Petitioners are entitled to recognition from NCTE for the Academic Session 2021-2022 instead of 2022-2023.
- NCTE and its Regional Committees must issue formal orders in this regard within three days.
- State and other authorities should consider granting affiliation and permissions within 15 days.
- Petitioners are allowed to admit students for Academic Session 2021-2022 based on NCTE sanction for 2022-2023.
Case Title: DEVENDRA PATHAK SARVODAYA COLLEGE OF EDUCATION Vs. NATIONAL COUNCIL FOR TEACHER EDUCATION (2021 INSC 396)
Case Number: W.P.(C) No.-000518 / 2021
