Uttarakhand High Court
Through: Shri Navneet Kaushik vs Hemwati Nandan Bahuguna on 8 September, 2022
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
Writ Petition (MS) No. 642 of 2022
Shakuntala Devi Lok Kalyan Samiti
and another. ................Petitioners.
Through: Shri Navneet Kaushik, learned
counsel for the petitioner.
-Versus-
Hemwati Nandan Bahuguna
University and another. .........Respondents.
Through: Shri Dr. K.H. Gupta, learned counsel
the respondent no. 1 - University.
Shri Yogesh Pacholia, learned counsel for the
respondent no. 2 - NCTE.
Date of hearing and judgment : 08.09.2022
Shri Sanjaya Kumar Mishra, J.
1. By filing this writ petition, the petitioners have prayed for
the following reliefs:
"i. To issue a writ, order or direction in the nature of
certiorari quashing the letter dated 25.03.2022 and
07.02.2022 passed by respondent no. 1 by which affiliation
/ permission for intake of students has been granted to the
petitioner's institute in respect of B.Ed Course for the
academic year 2021-22 (academic session 2021 - 23) for 50
seats although NCTE i.e. respondent no. 2 has permitted
the petitioner's institute to have an intake of 100 seats for
B. Ed. Course.
ii. To issue a writ, order or direction in the nature of
Mandamus directing the respondent no. 1 to permit the
petitioner's institute to take 100 students as intake for
academic session 2021 -23 which is to be completed by 08th
April, 2022."
2. There is no dispute that petitioners are imparting education
for "Bachelor of Education Programme" and at present, students
are studying in the petitioners' institute. The said petitioners
were granted permission to conduct B.Ed. Programme for two
years on 29.05.2015, vide Annexure No. 3 to the writ petition by
the National Council for Teacher Education. For proper
appreciation, relevant paragraph no. 5 of order dated 29.05.2015
is quoted below:
"5. Now, therefore, in the light of the above, the
Northern Regional Committee, NCTE hereby issues the
revised recognition order to Shakuntla Devi Educational
Institute, Raipur Road, District Dehradun, State
Uttarakhand for conducting B.Ed. programme of two years
duration with annual intake of 100 for two basic units of 50
students each from the academic session 2015-16 subject to
fulfillment of the condition mentioned herein before
31.10.2015."
3. However, respondent no. 1 - the University did not allow
the petitioners to impart education to 100 students annually and
has reduced the number of students to 50. Hence, this writ
petition.
4. Learned counsel appearing for respondent no. 2 - NCTE
would submit that permission, granted as per Annexure No. 3 to
the writ petition, has not been revoked by the NCTE and as yet, it
is a binding permission. Moreover, if the Apex Body has granted
permission for two years and there is no subsequent order for
revoking the same, then there is presumption of continuation of
such permission, otherwise the future of the students would be
adversely affected.
5. It is brought to the notice of this Court that sub-Section 6 of
Section 14 of the National Council for Teacher Education Act,
1993 provides for grant of affiliation to educational institutions by
examining body on receipt of order under sub-Section 4 either for
granting or refusing recognition to Institution by the Apex Body.
Therefore, it is further held that once, the Apex Body has granted
permission, then it is not within the competence or jurisdiction of
the University to change the terms and conditions of such
permission.
6. In that view of the matter, the writ petition is allowed. A
writ of Certiorari is issued. Impugned orders dated 25.03.2022
and 07.02.2022 passed by respondent no. 1 are hereby quashed.
Respondent no. 1 is directed to allow the petitioners institute to
take 100 students in B.Ed course for the academic year 2021-22
(academic session 2021 -2023) and also allow the students to
appear in the examination scheduled to be held on 15.09.2022.
(Sanjaya Kumar Mishra, J.)
SKS
