Case Note & Summary
The petitioner, Shri Shahu Chhatrapati Shikshan Sanstha, a non-minority educational institution, applied for recognition to start a B.Ed. College on 21st December 2005. The National Council for Teacher Education (NCTE), after due enquiry, issued a Recognition Order dated 23rd/30th October 2008 permitting the petitioner to start a B.Ed. (M) (Co-Ed) Course with an annual intake of 100 students from academic session 2009-2010 under clause 7(11) of NCTE (Recognition Norms & Procedure) Regulation 2007. Despite this recognition, the University did not grant affiliation to start the new B.Ed. College. The petitioner approached the Bombay High Court seeking directions for affiliation. The State Government opposed, citing a subsequent policy decision that no further B.Ed. College should be allowed in the State except minority institutions. The court, relying on the Supreme Court decision in State of Maharashtra v. Sant Dnyaneshwar Shikshan Shastra Mahavidyalaya & Ors., 2006 (4) Bom.C.R. 773, held that once NCTE, being the competent authority, grants recognition, neither the State Government nor the University can refuse affiliation. The court allowed the writ petition and directed the University to grant affiliation for the academic year 2011-2012.
Headnote
A) Education Law - Recognition of B.Ed College - Supersession of Recognition Order - National Council for Teacher Education (NCTE) Recognition Order dated 23rd/30th October, 2008 - Whether subsequent State Government policy banning new B.Ed colleges (except minority institutions) can override NCTE recognition - Held that once NCTE grants recognition, neither State Government nor University can refuse affiliation (Paras 3-4).
Issue of Consideration
Whether the Recognition Order issued by NCTE in favour of the institute would automatically stand superseded because of the subsequent policy decision taken by the State Government that no further B.Ed. College should be allowed in the State, except minority institutions?
Final Decision
Writ petition allowed. Direction issued to University to grant affiliation to start B.Ed College from academic year 2011-2012.
Law Points
- NCTE recognition supersedes state policy
- University must grant affiliation
- Recognition Order cannot be overridden by subsequent government policy
Case Details
WRIT PETITION NO. 4409 OF 2010
A.M. Khanwilkar, Mrs. Mridula Bhatkar
Mr. Chetan Patil for the Petitioner, Mrs. S.S. Bhende, A.G.P., for Respondent No. 1, Mr. Uday Warunjikar for Respondent No. 2, Mr. Rajdeep Khadapkar for Respondent No. 3
Shri Shahu Chhatrapati Shikshan Sanstha through its Hon. Secretary Chandrakant @ Subash S. Bondre
1. State of Maharashtra through its Department of Technical & Higher Education, 2. National Council for Teacher Education Western Regional Committee, 3. Not mentioned
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Nature of Litigation
Writ petition seeking direction for affiliation of B.Ed College despite state policy change
Remedy Sought
Direction to University to grant affiliation to start B.Ed College based on NCTE recognition
Filing Reason
University refused affiliation despite NCTE recognition order
Previous Decisions
NCTE granted recognition on 23rd/30th October 2008; University did not grant affiliation
Issues
Whether NCTE recognition order can be superseded by subsequent state government policy
Submissions/Arguments
Petitioner argued that NCTE recognition is binding and affiliation must be granted
State argued that policy decision prohibits new B.Ed colleges except minority institutions
Ratio Decidendi
Once NCTE, being the competent authority, grants recognition to start a new college, neither the State Government nor the University can refuse affiliation.
Judgment Excerpts
The principal question involved in this petition is: Whether the Recognition Order issued in favour of the institute, by the National Council for Teacher Education (NCTE), dated 23rd / 30th October, 2008, would automatically stand superseded because of the subsequent policy decision taken by the State Government that no further B.Ed. College should be allowed in the State, except minority institutions?
The Apex Court, in the case of State of Maharashtra v. Sant Dnyaneshwar Shikshan Shastra Mahavidyalaya & Ors., reported in 2006 (4) Bom.C.R. 773, has held that, once NCTE, being the Competent Authority, grants recognition in favour of the institution to start a new college, such as for B.Ed. Course, neither the State Government nor the University can refuse affiliation to that college.
Procedural History
Petitioner applied for recognition on 21st December 2005; NCTE granted recognition on 23rd/30th October 2008; University refused affiliation; Petitioner filed writ petition in Bombay High Court in 2010; Heard on 29th March 2011 and allowed.
Acts & Sections
- National Council for Teacher Education (Recognition Norms & Procedure) Regulation, 2007: Clause 7(11)
