Nabam Taya vs State of Arunachal Pradesh

Dr.(Mrs.) Indira Shah, J. - Heard Mr. T. Poto and Mr. K. Saxena, learned counsel appearing on behalf of the petitioner and Mr. T. Gadi, learned standing counsel for Rajiv Gandhi University (respondent No.3). Also heard Mr. J. Jini, learned counsel appearing for respondent No.4 and Mr. R. Millo, learned counsel appearing on behalf of the private respondent No.5. None has appeared on behalf of the respondent Nos. 1 and 2.

This is an application under article 226 of the Constitution of India, whereby illegality and validity of the appointment of Ms. Millo Mamung to the post of Trained Graduate Teacher (Economics) in the Department of Directorate of School Education vide order dated 29.8.2013, has been challenged.

The petitioner, herein, is qualified graduate having degree of Bachelor of Arts (Economics) from a recognised University and also a degree of Bachelor of Education (B.Ed.) from Indira Gandhi National Open University (IGNOU). In response to the advertisement of the Director of School Education, Arunachal Pradesh, Itanagar, the petitioner submitted his application for the post of Trained Graduate Teacher (TGT) (Economics). He appeared in the written examination held on 2.5.2013 and on being qualified in the written examination he was invited to c appear viva voice scheduled on 12.8.2013. Out of 28 number of candidates selected for viva voice examination, only 23 candidates appeared and out of 23 candidates, 11 number of candidates were directly selected for the posts of TGT (Economics) and other 11 number of candidates were kept in the waiting list. Subsequently, other 11 number of candidates, who were placed in the waiting list were also given appointment by increasing the total number of post to 22.

The petitioner obtained the documents through the R71 and found that one of the candidates, namely, Ms. Millo Mamung (respondent No.5) had submitted documents of Bachelor of Education of Puri Symbiosis College, Naharlagun which did not have the grant of recognition for B.Ed. Course from the National Council for Teacher Education. The Puri Symbiosis College, Naharlagun, did not have the affiliation from any recognised-University for approval of Bachelor of Education programme. Any institution intending to provide the course of Bachelor of Education degree has to obtain permission or grant from the concerned Regional Committee under the National Council for Teacher Education Act, 1993 (''NCTE Act, 1993''). The National Council for Teacher Education, Eastern Regional Committee had decided to refuse the recognition of the said institution for imparting course of B.Ed under section 14(3) NCTE Act, 1993 vide order dated 13.6.2013 issued by the Regional Director. Further allegation of the petitioner is that even the Government of Arunachal Pradesh had rejected to give ''No Objection Certificate'' (NOC) to Puri Symbiosis College, Naharlagun, vide letter dated 24.6.2013.

It is submitted by the learned counsel for the petitioner that as per the NCTE Act, 1993, no University shall grant affiliation, provisional or permanent, to hold examination unless the institution concerned has obtained recognition from the Regional Committee concerned under sections 14 and 15 of the Act. It is alleged that the Rajiv Gandhi University (RGU) had temporarily granted affiliation in violation of section 16 of the NCTE Act, 1993 whereas Puri Symbiosis College, Naharlagun is never been in the list affiliated in respect of B.Ed degree college under RGU. Moreover, the RGU itself vide letter dated 19.8.2013 had de-affiliated and de-recognised the Puri Symbiosis College, Naharlagun.

Further case of the petition is that the last date of submission of application was 30.11.2012. All the applicants had to submit their required documents on or before 30.11.2012. The provisional certificate of B.Ed. submitted by the private respondent No.5 was attested by the Deputy Director of Higher and Technical Education only on 3.12.2012, i.e., 3 days after the last date of submission of applications. The petitioner submitted his representation to the Vice-Canceller of RGU for cancellation of B.Ed. degree certificate and marks sheet of private respondent No.5. He submitted another application to the Director of School Education for cancellation of appointment of the private respondent No.5. Another application was submitted by him on 20.1.2015 to the Director of School Education to cancel appoint of private respondent No.5.

It is submitted that out of 22 selected candidates, 11 were appointed and other 11 candidates were kept in the waiting list. Subsequently, all the waiting list candidates were also appointed to the posts of TGT (Economics). Had the candidature of private respondent would have been rejected on the ground of invalid B.Ed. degree, the petitioner certainly would have fallen under the waiting list category and in such situation, he would have also been appointed.

Respondent No.4 i.e. Principal/Chairman/Director of Puri Symbiosis College, Naharlagun, in his affidavit-in-opposition, has raised preliminary objection as under :

"Preliminary Objection

(i) That the deponent begs to state that the instant writ petition is not maintainable in the eye of law. The petitioner before approaching this Hon''ble court by way of writ petition under article 226 of the Constitution of India has to establish that, his right has been violated. Admittedly the petitioner in the instant case could not show reasonable grounds as to how his rights have been violated for which he can invoke articles 14, 16 and 21 of the Constitution of India, meaning thereby the petitioner is not aggrieved by the action of the authorities; hence, the instant writ petition is liable to be dismissed on this ground only by this Hon''ble court.

(ii) That, it is to state that the petitioner has not made necessary parties as respondent in the instant writ petition and, hence, liable to be dismissed.

(iii) That the deponent begs to state that the prayer made by the petitioner for quashing and setting aside the B.Ed. degree No. 323 dated 30.11.2012 bearing Roll No. 11BED831 is not maintainable in the eye of law.

(iv) That the deponent begs to state that the prayer made by the petitioner for issuance of directing upon the State Government for appointing of the petitioner in the post of Trained Graduate Teacher (Economics) in place of the private respondent No.5 in pursuant of the advertisement No. ED.2/DSE/110/APT/2012 dated 3.10.2012 is not maintainable in the eye of law, as the certificate issued to the private respondent No. 5 was issued after allowed of Rajiv Gandhi University to conduct examination of deponent institution.

(v) That the deponent begs to state that the petitioner has approached this Hon''ble court after a gap of 2 years and no proper reasons have been explained for delay in approaching this Hon''ble court by way of writ petition. It is well settled principle of law by the Apex Court that settled propositions of law cannot be unsettled."

It is further averred that the marks sheet of Ms. Millo Mamung (private respondent No.5) has been issued by the RGU, the lone Central University of the State of Arunachal Pradesh and all colleges of the State of Arunachal Pradesh are being affiliated and governing by the RGU as RGU is a Central University, Autonomous body and competent authority to have a right to issue any degree to persons who are pursuing course under their University affiliation. Puri Symbiosis College, Naharlagun, was one of the temporary affiliated colleges of RGU and in view of that the private respondent joined the institution and passed out from Puri Symbiosis College, Naharlagun, during temporary affiliation of RGU and pendency of application before the NCTE for recognition of said college, as such, there was no illegality on the part of the institution in conducting examination and it was done as per the approval of RGU.

One application in the year 2010 was submitted to the Commissioner and Secretary (Education), Government of Arunachal Pradesh, Itanagar for granting of NOC to run B.Ed. course in the name and style of Puri Symbiosis College, Naharlagun. Accordingly, the Government of Arunachal Pradesh was pleased to issue NOC to run B.Ed. Course and subsequently, Puri Symbiosis College, Naharlagun, had applied on-line form in the prescribed format for affiliation to run B.Ed. Course on 29.9.2011 to the Regional Committee, NCTE Orissa. The RGU in consonance with the NCTE Act, 1993, accorded temporary affiliation to Puri Symbiosis College, Naharlagun. On the good faith, Puri Symbiosis College, Naharlagun, started academic session and as several assurances from the NCTE Orissa to recognize the college. Not only the private respondent, there are also other students, who have passed out from the said institution and some are holding and serving as teachers in education department of the Government of Arunachal Pradesh in different parts of the State. The Puri Symbiosis College, Naharlagun, started their academic session of 2012 and completed the B.Ed. Course. The RGU, refused to conduct the examination of the students of Puri Symbiosis College, Naharlagun on the pretext that the application for recognition of B.Ed. Course was pending before the NCTE Orissa. In such a difficult situation, the Puri Symbiosis College, Naharlagun, requested the RGU to conduct examination of innocent students who were pursuing B.Ed. Course as they did not know the problems faced by the institution. On several requests made by the authorities of Puri Symbiosis College, Naharlagun, the RGU allowed the students to sit in the examination. The RGU conducted the examination of Puri Symbiosis College, Naharlagun, on conditions that there will be recommendation from Regional Committee of NCTE Orissa.

On conditions agreed between the RGU and Puri Symbiosis College, Naharlagun, RGU was unable to declare the result of the students of Puri Symbiosis College, Naharlagun. The application for recognition was not processed before the Regional Committee of NCTE Orissa. The Regional Committee of NCTE Orissa took 2 long years to dispose of the application of the institution. In the meantime, the RGU conducted examination of the students of Puri Symbiosis College, Naharlagun and awarded passed certificate after due consultation and communication with the Principle of the Regional Committee of NCTE, Orissa wherein it was informed that the process for recognition of Puri Symbiosis College, Naharlagun was under active consideration. On the strength of the assurance issued by the NCTE Orissa and in consonance with the NCTE Act, 1993, the RGU conferred certificate of B.Ed. on 30.11.2012 to all the students along with the private respondent No.5 who had successfully passed B.Ed. Course from the Puri Symbiosis College, Naharlagun. Hence, there is no illegality on the part of the respondent No.3 in awarding B.Ed. degree to the private respondent No.5.

In the year 2013, the Regional Committee of NCTE, Orissa, while disposing of the application of the institution, did not grant the affiliation and it was also informed to the Registrar of RGU and the RGU in turn immediately cancelled the temporary affiliation of the Puri Symbiosis College, Naharlagun. The RGU has de-affiliated the Puri Symbiosis College, Naharlagun from running B.Ed. Course following the refusal of Regional Committee of NCTE, Orissa. However, the refusal of Regional Committee will have no bearing on the degree awarded to the private respondent No.5 by the RGU as the same was done during the process of recognition of Puri Symbiosis College, Naharlagun and prior to de-affiliation of the institution. The RGU being a autonomous body has a right to conduct examination and award certificate to any persons, who have been successfully cleared the examination conducted by the University.

The contention of the respondent No.3 i.e. RGU s that as per the provision of the Act of 1993, amended in 2009, any institution can offer B.Ed. Course pending disposal of application by the Regional Committee of NCTE. The Regional Director of NCTE Bhubaneswar vide letters dated 5.10.2012 and 16.11.2012 informed the University that the process for recognition of Puri Symbiosis College, Naharlagun is under active consideration and on the strength of the said letter and in consonance with the NCTE Act, 1993, the RGU has conferred the certificate of B.Ed. on 30.11.2012 to all students along with the private respondent No.5, who have successfully passed B.Ed. Course from the Puri Symbiosis College, Naharlagun, which was given temporary affiliation under the Ordinance relating to affiliation of colleges and Institutions under statute 32(1) of the Rajiv Gandhi University Act, 2006. From the letters dated 5.10.2012 and 16.11.2012, issued by the Regional Director, NCTE to the Registrar of RGU, it appears that the Regional Director of NCTE assured that the colleges may get recognition by next meeting likely to be held on 29.9.2011 to 30.10.2012 and the recognition under section 7(ii) under NCTE Regulation 2009 will be issued to the institution very shortly.

The Ordinance relating to affiliation of Colleges and Institutions to RGU under the statute 32(i) of RGU Act, 2006, clauses 4, 8, 9,10 and 12 are as follows :

"4. The Principal of the college/institution/chairman of the Managing Committee then shall submit an application for the grant of temporary affiliation of the college/institution among other things; shall state the courses proposed to be started, details regarding the faculty strength and their qualification, the details regarding class rooms and other facilities provided, the library collection, financial position and resources available to the college/institution and all other relevant details as may be required by the university.

The Inspection committee shall visit the college/institution for an on-the-spot inspection of the facilities provided and may call for any information and inspect records to satisfy itself that conditions exist for according temporary affiliation to the college/institution. If the inspection committee is satisfied, then it may recommend within seven days that the college/institution may be granted temporary affixation for a period to be specified which may, at first instance, not exceed three years. The report of the Inspection committee for granting temporary affiliation shall be placed in the Academic Council. The Executive Council shall consider the recommendation of the Inspection Committee/Academic council and if satisfied may decide to grant temporary affiliation to the college.

A college/institution, which has been granted temporary affiliation, shall apply for permanent affiliation with such relevant records and information along with the prescribed fee as may be required by the university. The university may grant such affiliation after an Inspection committee visits the college/institution and recommends it and the recommendations are approved in the Academic Council and Executive Council respectively. The university will constitute an Inspection committee with the following members:

(i) One senior Professor: Chairman

(ii) Professor/Dean: Member

(iii) Director, College Dev. Council: Convener

Notwithstanding anything contained in these provisions, no college/institution shall be dissolved or abolished by its Governing authority without making prior arrangements for admission of its students in another affiliated college or colleges and without making proper arrangement for employment of permanent members of the teaching and administrative staff. In all such cases, the Governing authority of the college/institution should obtain prior approval of the State Government, the University, the University Grants Commission and settle all claims regarding property, books, equipments, etc.

Notwithstanding anything contained in the above Ordinance, the Vice-Chancellor may initiate measures to remove any anomalies or difficulties through approval of appropriate Body/Bodies."

Section 14 of the Nation Council for Teacher Education Act, 1993, read as under :

" 14. Recognition of institutions offering course or training in teacher education. - (1) Every institution offering or intending to offer a course or training in teacher education on or after the appointed day, may, for grant of recognition under this Act, make an application to the Regional Committee concerned in such form and in such manner as may be determined by regulations:

Provided that an institution offering a course or training in teacher education immediately before the appointed day, shall be entitled to continue such course or training for a period of six months, if it has made an application for recognition within the said period and until the disposal of the application by the Regional Committee.

(2) The fee to be paid along with the application under sub-section (1) shall be such as may be prescribed.

(3) On receipt of an application by the Regional Committee from any institution under sub-section (1), and after obtaining from the institution concerned such other particulars as it may consider necessary, it shall -

(a) if it is satisfied that such institution has adequate financial resources, accommodation, library, qualified staff, laboratory and that it fulfils such other conditions required for proper functioning of the institution for a course or training in teacher education, as may be determined by regulations, pass an order granting recognition to such institution, subject to such conditions as may be determined by regulations; or

(b) if it is of the opinion that such institution does not fulfil the requirements laid down in sub-clause (a), pass an order refusing recognition to such institution for reasons to be recorded in writing:

Provided that before passing an order under sub-clause (b), the Regional Committee shall provide a reasonable opportunity to the concerned institution for making a written representation.

(4) Every order granting or refusing recognition to an institution for a course or training in teacher education under sub-section (3) shall be published in the Official Gazette and communicated in writing for appropriate action to such institution and to the concerned examining body, the local authority or the State Government and the Central Government.

(5) Every institution, in respect of which recognition has been refused shall discontinue the course or training in teacher education from the end of the academic session next following the date of receipt of the order refusing recognition passed under clause (b) of sub-section (3).

(6) Every examining body shall, on receipt of the order under sub-section (4),-

(a) grant affiliation to the institution, where recognition has been granted; or

(b) cancel the affiliation of the institution, where recognition has been refused."

The proviso to section 14 of the Act, 1993 permits the institution to offer a course or training in teacher education to apply with a period of six months from the appointed day for recognition to the Regional Committee of the NCTE. Sub-clause (5) to section 14 clearly says that every institution, in respect of which recognition has been refused, shall discontinue the course or training in teacher education from the end of the academic session next following the date of receipt of the order refusing recognition passed under clause (b) of sub-section (3).

In the case of Apollo College of Veterinary Medicine v. Rajasthan State Veterinary Council and Others, (2015) 2 SCC 291, the students were admitted in the Apollo College, after completion of their course they successfully cleared their examination, but the Apollo College was not notified in the list of notified colleges by the Central Government. The University which allowed the examination to be held was recognised University and it was held that the Division Bench of the High Court should have given a possible legal solution in respect of the students who had already passed out from the Apollo College and the Mahatma Gandhi College affiliated to Swami Keshwanand Rajasthan Agricultural University, Bikaner by directing the Central Government to make appropriate amendment in the First Schedule of the Indian Veterinary Council Act, 1984 so as to include the Apollo College and the Mahatma Gandhi College in the First Schedule for the purpose of recognition of BVSc & AH degree. The Apex Court directed the Veterinary Council of India to take steps to transfer the students to some other recognised colleges against their corresponding year to complete the BVSc & AD Course.

In the case of St. Johns Teachers Training Institute v. Regional Director, National Council for Teacher Education and Another, (2003) 3 SCC 322, NOC was not granted by the State Government for the institution seeking recognition to start a course of training and teaching education and it was observed that the State Government must take a decision on the application moved by an institution for grant of a NOC within a reasonable time and if the State Government does not take a decision within a reasonable time, it will obliviously defeat the right of an institution to have its application considered by the Regional Committee.

In the case of National Council for Teacher Education and Another v. Venus Public Education Society and Others, (2013) 1 SCC 223, it was observed f in para 33 as under :

"33. Now, to the last plank of submission of the learned counsel for the appellant. It is urged by him that the NCTE had procrastinated its decision at every stage and such delay was deliberate and, therefore, the society was compelled to admit the students and impart education, regard being had to the fact that there were really no deficiencies. As has been laid down in many a pronouncement of this court that without recognition from the NCTE and affiliation from the university/examining body, the educational institute cannot admit the students. An educational institution is expected to be aware of the law. The students who take admission are not young in age. They are graduates. They are expected to enquire whether the institution has recognition and affiliation. If we allow ourselves to say so, the institution had given admission in a nonchalant manner. Possibly, its functionaries harboured the idea that they had incomparable fertile mind. The students who had taken admission possibly immersed with the idea that ignorance is a bliss. It is also necessary to state that the institution had the anxious enthusiasm to commercialize education and earn money forgetting the factum that such an attitude leads to a disaster. The students exhibited tremendous anxiety to get a degree without bothering for a moment whether their effort, if any, had the sanctity of law. Such attitudes only bring nemesis. It would not be wrong to say that this is not a case which put the institution or the students to choose between Scylla and charybdis. On the contrary, both of them were expected to be Argus-eyed. The basic motto should have been "transparency". Unfortunately, the institution betrayed the trust of the students and the students, in a way, atrophied their intelligence. The institution decidedly exhibited characteristics of carelessness. It seems that they had forgotten that they are accountable to law. The students, while thinking "vision of hope", chose to play possum. The law does not countenance either of the ideas. Hence, the plea propounded with anxiety, vehemence and desperation on behalf of the appellant is not acceptable and, accordingly we unhesitatingly repel the same."

In the case of Adarsh Shiksha Mahavidyalaya and Others v. Subhash Rahangdale and Others, (2012) 2 SCC 425, it was observed in para 88 as under :

"88. So far as these appeals are concerned, we deem it proper to give the following directions:

(i) Within one month from today, the examining body concerned shall declare the result of the students who were admitted for the session 2007-08 keeping in view the directions contained in the impugned orders. This would mean that the result of the students admitted for the session 2007-08 by the institutions whose cases were scrutinized by NCTE pursuant to the directions given by the High Court and who were found to have been validly recognised after compliance with the mandatory conditions specified in section 14(3)(a) of the 1993 Act and regulations 7 and 8 of the Regulations shall be declared.

(ii) The result of the students admitted by an unrecognized institution or by an institution which had not been granted affiliation by the examining body shall not be declared. The result of the students who were admitted without qualifying the entrance examination shall also not be declared. In other words, the students admitted by the private institutions on their own shall not be entitled to declaration of their result. If any private institution had not complied with the requirements of completing the prescribed training, then the result of students of such institution shall also not be declared.

(iii) The directions contained in the preceding clause shall not be used for dealing with the admissions made for the sessions 2005-06,2006-07 or 2008-09. The admissions made for those years shall be dealt with by the Western Regional Committee and the examining body concerned in accordance with the relevant statutory provisions.

(iv) Any institution aggrieved by the decision of the Western Regional Committee to reject the application for recognition or for permission to start a new course or training or withdrawal of recognition under section 17 shall be free to avail the remedy of appeal under section 18 of the 1993 Act. If any such appeal is filed by the aggrieved party within 30 days from today, then the appellate shall entertain and decide the same on merits.

(v) If the Western Regional Committee has taken any action in furtherance of the directions given by the High Court, then the aggrieved person shall be entitled to challenge the same by availing the remedy of appeal under section 18 of the 1993 Act."

Here in this case, the petitioner has not challenged the examination conducted by the respondent Nos. 3 and 4. The petitioner has not sought for any relief against the students who appeared in the examination conducted by the respondent Nos. 3 and 4. The petitioner has sought for quashing and setting aside of the certificate of B.Ed. degree in respect of private respondent No.5 only and also for a direction to appoint the petitioner to the post of TGT (Economics) in place of the private respondent No.5 and that too, after expiry of 2 years of the appointment of private respondent No.5.

Admittedly, in this case, temporary affiliation was granted to the Institution by the RGU and the Ordinance relating to affiliation of colleges and institutions to RGU, provides that no college/institution shall be dissolved or abolished by its Governing authority without making prior arrangements for admission of its students in another affiliated college or colleges and without making proper arrangement for employment of permanent members of the teaching and administrative staff.

The petitioner, who has challenged the appointment of private respondent No.5, was neither selected in the select list of serial Nos. 1 to 11 nor his name appeared in the waiting list of serial Nos. 1 to 11. The results were announced on 22.8.2013. The petitioner approached this court on 19.2.2015 by filing the present application under article 226 of the Constitution of India. The waiting list remains valid only for one year and even if, the appointment of the private respondent No.5, who has at serial No.3 of the select list is canalled, the petitioner cannot claim his appointment after expiry of 2 years.

Moreover, this application without challenging the examination conducted by respondent Nos. 3 and 4 and without impleading the students who appeared in the examination, the prayer for quashing and the certificate of B.Ed. degree in respect of respondent No. 5 cannot be allowed.

In view of the aforesaid discussions and reasons stated earlier, this writ petition filed by the petitioner is liable to be dismissed and it is ordered accordingly.