Case Note & Summary
The petitioners, approximately 50 students, filed a writ petition before the Bombay High Court seeking permission to appear for the final (second year) examination of the Diploma in Teachers Education (D.Ed.) course conducted by Respondent No.6 - Teachers Training College, managed by Respondent No.5. The students had taken admission in the academic year 2004-05, but the institution did not have recognition from the National Council for Teacher Education (NCTE) at that time. However, under an interim order dated 4th November 2005 passed by a Vacation Judge, the students were permitted to appear for the first year examination. The students now sought a similar direction for the final examination, contending that they had the requisite attendance and that the institution had necessary infrastructure and teaching facilities. The institution supported the petition, stating that it had obtained recognition for the subsequent academic year 2005-06. The court, after hearing all parties, allowed the petition and directed the respondents to accept the examination forms and permit the students to appear for the final examination, subject to the condition that the students would not claim any equity or right based on the interim order and that the institution would not admit students without proper recognition in future.
Headnote
A) Education Law - Teacher Training - Recognition - Students admitted to D.Ed. course without NCTE recognition sought permission to appear for final examination - Court held that students who took admission under bona fide belief and were allowed to take first year examination under interim orders should not be penalized for institution's lack of recognition - Directed respondents to accept examination forms and permit students to appear for final examination subject to conditions (Paras 1-3)
Issue of Consideration
Whether students admitted to a teacher training course without NCTE recognition should be permitted to appear for the final examination
Final Decision
The court allowed the petition and directed Respondents No.1, 3, and 4 to accept the examination forms of the petitioners and permit them to appear for the final (second year) examination, subject to the condition that the petitioners would not claim any equity or right based on the interim order and that the institution would not admit students without proper recognition in future.
Law Points
- Students cannot be penalized for institutional deficiencies
- interim orders protecting examination rights
- recognition for subsequent year does not cure past defect
Case Details
2006 LawText (BOM) (07) 88
WRIT PETITION NO. 7853 OF 2005
H.L. Gokhale, J.H. Bhatia
Mr.N.V. Gangal with Mr.Manoj Bhatt for the Petitioners, Mr.C.R. Sonawane, A.G.P. for Respondents No.1 and 4, Mrs.Deepali Bhalerao with Mr.U.P. Warunjikar for Respondent No.2, Mrs.Deepa Chavan i/b Little & Co. for Respondent No.3, Mr.S.H. Joshi for Respondents No.5 and 6
Miss Priyanka Prabhakar Jage & Ors.
State of Maharashtra & Ors.
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Nature of Litigation
Writ petition seeking direction to permit students to appear for final examination of D.Ed. course
Remedy Sought
Direction to respondents to accept examination forms and permit petitioners to appear for final (second year) examination
Filing Reason
Institution lacked NCTE recognition at the time of admission in 2004-05, but students were allowed to take first year examination under interim order; now they seek similar relief for final examination
Previous Decisions
Vacation Judge on 4th November 2005 permitted students to appear for first year examination
Issues
Whether students admitted to an unrecognized teacher training course should be allowed to appear for the final examination
Submissions/Arguments
Petitioners: They took admission under bona fide belief that course was recognized; they have requisite attendance and infrastructure; they should be permitted to appear for final examination
Respondents No.5 and 6 (institution): Supported petition; institution has recognition for subsequent year 2005-06; facilities were available
Ratio Decidendi
Students who took admission under a bona fide belief and were allowed to take the first year examination under interim orders should not be penalized for the institution's lack of recognition; they should be permitted to complete the course and appear for the final examination.
Judgment Excerpts
Heard Mr.Gangal in support of this petition which is filed by some 50 students who took admission to the Diploma in Teachers Education (D.Ed.) Course run by Respondent No.6 - Teachers Training College under the management of Respondent No.5.
Their forms for the examinations for the first year were permitted to be received under the orders passed by a Vacation Judge on 4th November 2005 and they were permitted to give examinations.
Now their prayer is that they be permitted to give the second year examination which is the final examination and that the Respondents No.1, 3 and 4 be directed to receive the forms and they may be permitted to give the final examination.
Procedural History
The petition was filed by 50 students seeking permission to appear for the final D.Ed. examination. An interim order dated 4th November 2005 by a Vacation Judge allowed them to appear for the first year examination. The present petition seeks similar relief for the final examination. After hearing all parties, the court allowed the petition on 13th July 2006.
Acts & Sections
- National Council for Teacher Education Act, 1993:
