Presidenty College Raisen vs Registrar Board Of Secondary ...
2021 Latest Caselaw 7342 MP

                                 1                  W.P. No.22674/2021

  HIGH COURT OF MADHYA PRADESH, PRINCIPAL SEAT AT
                    JABALPUR


Case Number and                      WP No.22674/2021
Parties Name                    Presidency College, Raisen

                                              Vs.

                               Registrar, Board of Secondary
                                   Education and others
Date of Order              12/11/2021
Bench Constituted          Division Bench:

                     Justice Sheel Nagu
                     Justice Purushaindra Kumar Kaurav
Order delivered by   Justice Sheel Nagu
Whether approved for No
reporting
Name of counsels for Shri J.K. Pillai, Advocate for the
parties              petitioner.

                      Shri H.S. Ruprah, Advocate for the
                      respondent No.1 & 2.
Law laid down                        -
Significant paragraph                  -
numbers
                                ORDER

12.11.2021

Per: Sheel Nagu, J.

This petition under Article 226/227 of the Constitution has been filed praying for the following reliefs:

(i) The Hon'ble Court may be pleased to quash the impugned orders dated 25.06.2021, 20.08.2021 & 04.10.2021 (Annex. P/4), (Annexure P/5) and (Annexure P/7) being nonest, high-handed and arbitrary.

(ii) The Hon'ble Court may be pleased to issue writ of mandamus directing the respondent to regularize the affiliation by granting renewal of affiliation from the session 2021-22 as applied for D.El.Ed. Course in the same terms as directed by the Hon'ble Apex Court in W.P.(Civil)763/2021 vide order dated 21.09.2021.

(iii) Any other order or direction deemed just and proper in the fact and circumstances of the case may also be passed with costs.

2. The principal grievance of the petitioner as projected by the learned counsel for the petitioner Shri J.K. Pillai is that despite the course of D.El.Ed having been recognized by NCTE since 2016-17 and despite the affiliation for the same having been renewed up 2020-21, the application for renewal of affiliation for the next academic year 2021-22 has been rejected by order dated 25.06.2021 vide Annexure P/4 on the sole ground of late deposit of renewal fee.

3. It is not disputed that the renewal fee of Rs.30,000/- was deposited online by the petitioner on 16.03.2021 as against the last date for the same being 10.03.2021.

4. Learned counsel for the petitioner has placed reliance on the judgment of the Apex Court in the case of Badal Bhoi Mahavidyalaya and another vs. Madhya Pradesh Board of Secondary Education dated 21.09.2021 vide Annexure P/10 and also decision dated 25.10.2021 in W.P. (Civil) No.1095/2021 in the case of Narayana College and another vs. Madhya Pradesh Board of Secondary Education, to contend that in similar circumstances the Apex Court granted permission for renewal of affiliation on the basis of late deposit of renewal fees. It is further contended by the learned counsel for the petitioner that the timeline laid down by the Apex Court in the case of Maa Vaishno Devi Mahila Mahavidyalaya vs. State of U.P., (2013) 2 SCC 617 applies exclusively to applications for fresh affiliation but not for renewal.

5. Learned counsel for the respondent Board on the other hand has filed a short reply placing heavy reliance on the law laid down in the case of Maa Vaishno Devi Mahila Mahavidyalaya(supra) to contend that inviolable timeline has been prescribed governing the process of grant/renewal of recognition/affiliation by NCTE, State Government, University/Examining Body with caution that three bodies are prohibited from breaching this timeline. In this backdrop, learned counsel for the respondents seeks dismissal of this petition.

6. No doubt, the Apex court has directed for grant of relief in cases of similar nature but, in the considered opinion of this Court, the said directions were passed under the extra-ordinary jurisdiction available exclusively to the Apex Court under Article 142 of the Constitution which is not available to this Court under Article 226 of the Constitution.

7. More so, in the face of the law laid down by the Apex Court in the case of Maa Vaishno Devi Mahila Mahavidyalaya(supra), the timeline which has been fixed for applying/grant of recognition/affiliation is to be strictly adhered to, to ensure uninterrupted conduction of professional courses in Teacher Training Programme. The relevant portion of the said judgment are reproduced hereinbelow:

"87. Compelled by these circumstances and to ensure that there exists no ambiguity, uncertainty and confusion, we direct and prescribe the following Schedule upon a cumulative reading of the Regulations and judgments of this Court in relation to recognition and affiliation.

87.1 Schedule for Recognition and Affiliation

87.1.1 Submission of applications for 1st September to 1st October of the recognition in terms of year immediately preceding the Regulation 5(4) relevant academic year 87.1.2 Communication of deficiencies, Within 45 days from the date of receipt shortcomings or any other of the applications discrepancy in the application submitted by the applicant to the applicant in terms of Regulation 7(1) 87.1.3 Removal of such deficiencies by Within 60 days from the date of receipt the applicant of communication 87.1.4 Forwarding of copy of the Within 90 days from the date of receipt application to the State of the application Government/UT Administration for its recommendations/ comments in terms of Regulation 7(2) 87.1.5 Recommendations/comments of Within 30 days from the date issue of the State Government/UT letter to it Administration to be submitted to the Regional Committee under Regulation 7(3) 87.1.6 If recommendations/comments Within seven days from the date of are not received within 30 days, expiry of the period of 30 days the Regional Committee shall send to the State Government/UT Administration a reminder letter for submission of the recommendations/comments 87.1.7 State Government/UT Within 15 days from the date of receipt Administration shall furnish the of such reminder letter recommendations/ comments 87.1.8 Intimation regarding inspection Within 10 days from final scrutiny of by the Regional Committee to the the application applicant under Regulation 7(4) 87.1.9 Report by the Inspection 20 days thereafter Committee under Regulation 7(5) 87.1.10 Letter of intent to the institution 10th of February of the succeeding

with respect to grant or refusal of year/relevant year recognition in terms of Regulation 7(9) 87.1.11 Time to comply with certain 20 days from the date of issuance of specified conditions, in terms of letter of intent Regulations 7(10 and 7(11) 87.1.12 Issuance of formal order of By 3rd March of each year recognition 87.1.13 Last date for submitting proposal By 10th March of each year for affiliation 87.1.14 Forwarding of proposal by the By 10th March of each year University to the State Government/UT Administration after inspection by expert team 87.1.15 Comments to be submitted by the By 10th March of each year State Government/UT Administration, if any 87.1.16 Final date for issuance/grant of By 10th March of each year affiliation for the relevant academic year

91.1.The Schedule stated in the case of College of Professional Education (supra) and in this judgment in relation to admissions, recognition, affiliation and commencement of courses shall be strictly adhered to by all concerned including the NCTE, the State Government and the University/examining body.

91.2. In the event of disobedience of schedule and/or any attempt to overreach or circumvent the judgment of this Court and the directions contained herein, the concerned person shall render himself or herself liable for proceedings under the Contempt of Courts Act, 1971 and even for departmental disciplinary action in accordance with law.

91.3. We hereby direct the NCTE/ State Government/ Examining or affiliating body to consider the applications and pass appropriate orders granting or refusing to grant recognition/affiliation to the petitioner institutions within three months from today.

91.4.If the institutions are aggrieved from the order passed by the authorities in terms of clause 'C' (supra), they will be at liberty to challenge the same in accordance with law.

91.5. The NCTE shall circulate the copy of this judgment to all Regional Committees, State Governments and all affiliating bodies concerned and also put the some on its website for information of all stakeholders and public at large.

91.6.The interim order dated 27th September, 2012 is made absolute.

92. All the writ petitions and appeals are accordingly disposed of, however, leaving the parties to bear their own costs."

8. In view of the above, in the face of the decision of the Apex Court in the case of Maa Vaishno Devi Mahila Mahavidyalaya(supra), no

relief as sought by the petitioner can be granted and the order of rejection of the application filed by the petitioner for renewal of affiliation on the ground of delay is upheld.

9. Petition stands dismissed, sans cost.

                                    (Sheel Nagu)                (Purushaindra Kumar Kaurav)
                                       Judge                                 Judge
  YS

Digitally signed by YOGESH KUMAR
SHIRVASTAVA
Date: 2021.11.12 14:43:25 +05'30'