High CourtsDivision Bench(2018) 09 UK CK 0038

State of Uttarakhand and others vs Nalanda College of Education and others

Uttarakhand High Court · Decided on 10 September 2018

HON’BLE JUDGES
Rajiv Sharma, ACJ · Manoj Kumar Tiwari, J
RESULT
Dismissed
CASE NUMBER
SPECIAL APPEAL No. 144 of 2014

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Judgment

13 paragraphs · 266 words

Rajiv Sharma, ACJ.

1.

This Appeal is instituted against the judgment dated 04.04.2014 rendered by the learned Single Judge in Writ Petition (MS) No. 2464 of 2013.

2.

Key facts necessary for adjudication of this Appeal area that Nalanda College of Education, Dehradun was granted recognition for B.Ed. course of

one year duration with an annual intake of 100 students by the National Council for Teachers Education. Respondent Institution was affiliated with

H.N.B. Garhwal University under Section 37(2) of the U.P. State Universities Act. For the Academic Session 2013-14, respondent College submitted

a representation to the Northern Regional Committee of NCTE to increase the intake seats of students. The opinion of the State Government was also

sought. The State Government vide order dated 16.07.2013 informed the Northern Regional Committee of NCTE that about 13 thousand students are

passing B.Ed. course per annum, therefore, most of them are unemployed. In the impugned order, there was no specific complaint against the

respondent Institution. It was not the case of the appellant that the teachers were not duly qualified. The Institution could not be refused to increase

the intake capacity for the reason that the State Government shall not be in a position to give employment to all the students, who have obtained B.Ed.

Degree. The State Government may not be in a position to give employments to thousands of students, who have obtained B.Ed. Degree. They could

be employed by the private Institutions.

3.

There is no illegality or perversity in the judgment rendered by the learned Single Judge. Accordingly, the Appeal fails and the same is dismissed.