Committee of Management, P.G. Sri Gandhi Degree College and Others vs State of U.P. and Others

Hon''ble Bala Krishna Narayana, J.—Heard Sri Ashok Khare, learned Senior Advocate assisted by Sri V.D. Shukla, learned counsel for the petitioners, Sri Anil Tiwari, learned counsel for the respondent No. 3 and Km. Rashmi Tripathi, learned counsel for the respondent Nos. 4 and 5.

This writ petition has been filed by the petitioners Committee of Management, Post Graduate Sri Gandhi Degree College, Maltari, Azamgarh and others before this Court for issuing a writ, order or direction in the nature of mandamus commanding the respondents to treat the Post Graduate Diploma in Nursery Education posts run by the petitioners college during the academic session 1993-94 to 1997-98 as valid teachers training qualification for purposes of admission to different courses as also for employment in the absence of approval from National Council for Teachers Education or alternatively quash the order dated 4.12.2007 issued by the Regional Director, National Council for Teachers Education, Jaipur (Annexure 18 to the writ petition) and to accord recognition to the Post Graduate Diploma in Nursery Education run by the petitioners'' college during the academic session 1993-94 to 1997-98.

It appears from the material brought on record that the Executive Council of Veer Bahadur Singh Purvanchal University, Jaunpur (hereinafter referred to as the University) in exercise of power u/s of the U.P. State Universities Act, 1973 (hereinafter referred to as the Act) issued an ordinance and resolved to start a new course of Teachers Training Education in the name and style of Post Graduate Diploma in Nursery Education (hereinafter referred to as the Course) from the session 1993-94. The aforesaid decision of the University was communicated to the affiliated degree colleges where B.Ed degree course was already running including the petitioners college which is one of the constituent and affiliated degree college to the University running the B.Ed. Course. The petitioners applied and were granted permission by the University to run the course upto 1997-98. In the year 1993 the Parliament enacted National Council for Teachers Education, Act (Parliamentary Act No. 73 of 1993) provisions whereof were actually enforced by means of the notification, notifying 1.7.1995 as the date of enforcement of the Act. In the year 1995 the Union of India established a body, namely, National Council for Teachers Education (NCTE) u/s 3 of the Act with the object and intention to improve the teachers'' education. The NCTE was also given authority for providing recognition to the teachers training courses run by the institutions throughout India.

The Registrar of the University by his communication dated 17.2.1999 intimated to the petitioners the decision of the Executive Council for discontinuing all Diploma courses including the course from academic session 1998-99. Thereafter the petitioners did not run any training course subsequent to 1997-98 session.

Section 14(1) of the Act of 1993 alongwith the proviso envisaged submission of application forms before the Regional Committee within a period of six months from the appointed date with regard to the recognition of such teachers training courses which were already underway and in which instructions of studies were being imparted.

The said section further visualized that upon submitting of an application form, within a period of six months from the appointed date the institution concerned could continue to run the course till such point of time till final decision was taken by the Regional Level Committee on the application for recognition of such training course envisaged u/s 14(1) of 1993 Act. Time for submission of application forms for grant of recognition with regard to on going courses was extended twice, firstly till August 1997 and again till 31.3.1997. It transpires that the University submitted an application before the Northern Regional Committee,