Society For Revolution Against Corruption vs Union of India (UOI) and Others

J.S. Khehar, C.J.—Through the instant Writ Petition, the petitioner has highlighted the fact, that 407 candidates were granted admission to institutions out of the management quota, inspite of the fact, that they had obtained marks below the cut-off merit, prescribed by the National Council for Teachers Education (hereinafter referred to as NCTE). The pleadings of the writ petition disclosed initiation of action against about 30 such colleges/institutions, which had granted admission under the management quota to candidates below the minimum cut-off merit. The process of initiation envisaged, bringing to the notice of the NCTE details of such colleges/institutions and a further prayer that such colleges/institutions should be derecognized for purposes of the admission to the B.Ed. course by the NCTE. In the first instance, a counter affidavit was filed at the hands of the NCTE on 31.5.2010. Since this Court was of the view that complete details were not disclosed in the aforesaid affidavit, a further affidavit was sought, which was filed on 7.6.2010. Unfortunately, neither the first nor the second affidavit addresses the issue canvassed in the Writ Petition. The affidavits did not disclose the action taken by the NCTE against any of the colleges/institutions, which had granted admissions below the prescribed norms.

The predicament of this Court in arriving at a conclusion on the factual aspect of the matter came to be noticed in the Motion Bench Order dated 31.5.2010, wherein the Regional Director, Northern Regional Committee of the NCTE was required to be present in Court along with the entire record so as to explain the factual position to this Court. Sri K.S. Yadav, Regional Director of the Northern Regional Committee of the NCTE has accordingly appeared before us. During the course of hearing, emphatic reliance was placed by Sri K.S. Yadav on the second affidavit dated 7.6.2010, which had been filed subsequent to the Motion Bench Order dated 31.5.2010. While doing so, emphatic reliance was placed on Annexure - 6, as also, Annexure-7 appended to the aforesaid Counter Affidavit. With the assistance of Sri K.S. Yadav and Sri Sudhir Singh, learned Counsel representing the NCTE, we have repeatedly perused Annexure-6, as also, Annexure-7. However, during the course of hearing, neither Sri K.S. Yadav nor Sri Sudhir Singh could invite our attention to any Agenda item, wherein the Northern Regional Committee was required to consider the aspect of de-affiliation of colleges/institutions, which had admitted students below the prescribed cut-off marks. During the course of hearing today, Mr. K.S. Yadav has handed over to us the note-sheet pertaining to the 139th meeting of the Northern Regional Committee held on 10th and 12th April, 2009. Agenda Item No. 5 pertains to the pointed issue under reference, namely, complaint received from the Registrar, H.N.B. Garhwal University, Srinagar against B.Ed. Colleges, which had admitted students below the cut-off merit. The note-sheet depicts 32 such institutions. Insofar as the determination of the Northern Regional Committee is concerned, the note-sheet notices as under:

The original file of the institution, complaint received against the institutions from Registrar, H.N.B. Garhwal University, Srinagar, Uttarakhand regarding violation of Norms of NCTE and other related documents, Act of NCTE, 1993 Regulations and Guidelines of NCTE published from time to time were considered by the committee and the Committee decided to conduct the inspection u/s 17 of NCTE Act 1993 of all the institution for which complaint has been made by the University.

A perusal of the aforesaid determination by the Northern Regional Committee reveals that the original record of the institution was available with the aforesaid Committee. Additionally, the guidelines of the NCTE published from time to time were also available. Based on the aforesaid material, the Northern Regional Committee could have arrived at the conclusion without any further inputs, whether or not the colleges/institutions, referred to in Agenda Item No. 5, had factually admitted students below the cut-off merit. Yet, it would be interesting to note that the Committee decided to conduct inspection u/s 17 of the NCTE Act, 1993 of all the institutions, for which complaint had been made by the University. We are satisfied that no physical inspection of any of the institutions was necessary and that the record available with the Northern Regional Committee was sufficient to take a decision without physical inspection of the colleges/institutions. The same has not been done till date, even though the aforesaid meeting is stated to have been held on 10th and 12th April, 2009. We are informed that the Northern Regional Committee comprises of the following:

(i) Professor D.N. Sansanwal - Chairman

(ii) Professor M.P. Sharma - Member

(iii) Professor U.C. Vashisth - Member

(iv) Professor Bharti Baweja - Member

Before taking any further action on the matter, we would consider it just and appropriate to afford the aforesaid members of the Northern Regional Committee four weeks'' time to finalise its decision in respect of the complaint dated 25.3.2009 received from the Registrar, H.N.B. Garhwal University, Srinagar. Within one week from today notices, if required, shall be issued to the colleges/institutions. Their response shall be obtained within a further period of three weeks and a decision thereon shall be taken within ten days thereafter. Learned Counsel for the NCTE having obtained instructions from Sri K.S. Yadav, Regional Director, Northern Regional Committee of the NCTE affirms that the aforestated directions do not violate any rules, regulations or norms of the NCTE. The decision shall be placed on the record of this case before the next date of hearing. The Chairman of the Northern Regional Committee Professor D.N. Sansanwal shall also file an affidavit within four weeks from today depicting the action taken by the Northern Regional Committee after holding of its 139th meeting on 10th and 12th April, 2009.

The note-sheet handed over to us in Court today relating to Agenda Item No. 5 of the 139th meeting held on 10th and 12th April, 2009 is marked as Annexure-A and is taken on record of the main file.

List again on 16.8.2010.