B.R.T.T. College v. National Council for Teacher Education

16. There has to be distinction between issuing letter seeking information from the institution simpliciter and notice under Section 17 of the NCTE Act of 1993. All communications or letters cannot, therefore, be made invoking Section 17 of the Act of 1993, unless invocation of Section 17 is inevitable.

17. Any SCN without any application of mind or material will not serve any fruitful purpose. On the other hand, it causes unnecessary harassment for the institution and the credibility of the institution becomes at stake, therefore, the “satisfaction” test may not be strictly applicable at the stage of SCN, but at least some material must exist apropos to the institution so that the same can be replied to by the institution.

18. If the decisions taken by the RCs in the instant case are perused, the same would indicate that with respect to 362 institutions, a decision had been taken that these institutions did not submit the affidavit undertaking the compliance of Regulations, 2014. With respect to 1469 institutions, a decision was taken on the basis of the findings recorded with respect to one D.S.M. Academy that the said institution (Jyotiba Phule Nagar, Uttar Pradesh) did not fulfill the conditions of LOI/other mandatory requirements as per 2015-2016 order.

19. Decision taken by NRC with respect to 362 (325th meeting) institutions is reproduced as under:- "107. Consideration of the matter of Revised Recognition Orders (RRO) Regional Director placed before the Committee, a list of 362 such institutions to whom RRO has not been issued till today due to not submission of required affidavit stating that institution will be comply with the conditions prescribed under Regulations, 2014, for consideration and decission of Committee. The Committee discussed the matter in depth and decided to issue Show Cause Notice under Section 17 to institutions as per List put up before Committee for not making compliance to Regulations, 2014. Annexure- A= 238 Annexure- B=40 Annexure- C=43 Annexure- D=08 Annexure- E=04 Annexure- F23 Annexure- G01 Annexure- H=03 'Total =362"

20. The decision relating to 1469 institutions taken by NRC in its 325th meeting dated 08.01.2021 to 09.01.2021 with regard to DSM Academy, Plot No.4, Khasara No. 4, Street Number- Dhanora RD, Village/Town- Afzalpur Loot, Post Office- Kaurala, Tehsil/Taluka- Dhanura, Town/City- Gajraula, State- UP, District- Jyotiba Phule Nagar (UP), Pin Code- 244231 for B.Ed course is also reproduced as under:- "The original file of the Institution along with other related documents NCTE Act, 1993, Regulations and Guidelines issued by NCTE from time to time, were carefully considered by NRC and the Committee made following observations:

1. In compliance the decision of the 318th meeting, the Committee observed that no documents in compliance of LOI are available in the file of the institution. Hence, Show Cause Notice under section 17 of the NCTE Act, 1993 be issued to the institution on following grounds. The institution is required to submit to NRC. Original Photocopy of documents duly certified by the management of the institution submitted to NRC in compliance of LOI. (a) Copies of Fixed Deposits Receipt of Endowment Fund & Reserve Fund in the joint account of RD, NRC, NCTE & Society authority alongwith Bank Form ‘A’ verified by the manager of the bank, submitted to the NRC in compliance of LOI. (b) Downloaded copies of the website of the institution with hyperlinks of the same as per provisions of 7(14) of the NCTE Regulations, 2014, submitted to NRC in compliance of LOI.

(c) List of faculty duly approved by the affiliating body/university alongwith related documents, submitted to NRC in compliance of LOI.

2. The Institution is required to submit proof/evidence to prove that it is acomposite institution as per clause 2(b) of NCTE Regulations,

2014.

3. Proof regarding submission of compliance of LOI in NRC."

21. The decision of WRC in its 316th meeting held on 27.08.2022 with regard to consideration of cases wherein revised recognition orders were issued to the institutions for B.Ed, B.P.Ed and M.Ed course in the state of Rajasthan, reads as under:- "The WRC considered the entire issue in detail and noted that the State of Rajasthan has come under the purview of WRC vide Gazette Notification dated 28th January 2020. The Revised recognition orders were issued to the institutions for B.Ed, B.P.Ed and M.Ed course(s) by NRC after promulgations of NCTE regulations 2014 but not submitted compliance as on date to the conditions mentioned/stipulated in the Revised Recognition order issued by NRC-NCTE. The WRC decided that Show Cause Notice u/s 17 of the NCTE Act, 1993 be issued to all such Institutions of Rajasthan which were issued Revised Recognition orders with a direction to submit compliance to the conditions mentioned/stipulated in the Revised Recognition order issued by NRC-NCTE."

22. So far as the 316th meeting and its decision is concerned, the same had been taken on the basis of few observations recorded in the case of institutions situated in the State of Rajasthan where revised recognition orders were issued to the institutions for B.Ed, B.P.Ed. and M.Ed courses. What is noted therein is that the institutions concerned did not submit their compliance as on that date with respect to the conditions mentioned in the revised recognition orders issued by NRC/NCTE.

23. With respect to 1469 institutions, i.e. the decision taken in 325th meeting by NRC on 08.01.2021 to 09.01.2021 is concerned, it is seen that the NRC, while scrutinising the file with respect to D.S.M. Academy situated at Jyotiba Phule Nagar, Uttar Pradesh, observed that there are number of institutions which were granted recognition for different courses in academic session 2015-2016 without fulfilling the requirement of LOI/other mandatory obligations required to be completed as per Regulations, 2014 by various orders. It is for that reason, the concerned RC decided to issue SCN under Section 17 of the Act of 1993 to all 1469 institutions on the ground mentioned with respect to D.S.M. Academy.

24. It is also seen that decisions in WRC’s 316th meeting and NRC’s 325th meeting) have been taken without referring to individual facts and specific violations of the institutions concerned. This court is conscious of the fact that the similar deficiency may exist in more than one institution, therefore, the recording of the same reason for all the institutions may not be required. However, the aforesaid fact must be reflected in the decision so taken, which can only be done once an inquisitorial exercise is done requiring the institution to furnish relevant information. No inference can be drawn that the institutions have not complied with the terms of recognition orders.

25. In some of the petitions, interim orders are operating for more than 2 years and at this stage, this court finds it appropriate to direct the treating of all decisions taken by the concerned RC in its 316th and 325th meeting to be the communications calling upon the institutions to submit their responses rather than a SCN. If the RCs after perusal of the reply so submitted by the concerned institutions finds that the individual institution or all institutions are in violation of any of the provisions of the Act, Regulations or grant of recognition order, the NCTE would be free to take appropriate decision in accordance with Section 17 of the Act of 1993. However, if such a decision is proposed to be taken, a fresh SCN shall be issued to each institution.

26. In view of the aforesaid discussion, the decision with respect to 316th and 325th meeting of RC are directed to be treated as communications to each institution, calling upon them to submit their responses instead of the same being notices under Section 17 of the Act of 1993.

27. The institutions concerned are directed to submit their reply within 30 days from today.

28. The petitions being W.P.(C) 8635/2020, 8636/2020, 2299/2021, 2366/2021, 2409/2021, 3350/2021 and 2938/2021 are disposed of in the aforesaid terms.

29. The decision with respect to 336th meeting held on 18.06.2021 and 21.06.2021 with regard to M.D. College of Education, Mahavir Park, Village- Sarai Aurangabad, Tehsil- Bahadurgarh, District- Jhajjar, Haryana for B.Ed & B.Ed. (Addl) course is reproduced as under:- "The original file of the Institution along with other related documents NCTE Act, 1993, Regulations and Guidelines issued by NCTE from time to time, were carefully considered by NRC and the Committee made following observations:

1. Certified registered land documents issued by the Registering Authority or concerned authority has not been submitted.

2. Blue print of approved Building plan signed by the Competent Govt. Authority indicating the name of the course, name of the institution, Khasra No./Plot No., total land area, total built up area with measurements of the Multi Purpose Hall as well other infrastructural facilities such as class rooms etc. has not been submitted.

3. Land Use Certificate issued by the Competent Government Authority to use the land for educational purpose has not been submitted.

4. Non- all encumbrances has not been submitted.

5. Certified Copy of site plan with demarcated land area for running different courses has not been submitted.

6. Building safety certificate from the Competent Government Authority has not been submitted.

7. Fire safety certificate issued by the Competent Government Authority has not been submitted.

8. Certificate to the effect that the building is differently abled friendly from the Competent Government Authority has not been submitted.

9. Building Completion Certificate signed by the Competent Government Authority has not been submitted.

10. The latest/current faculty lost approved & signed each page by concerned affiliating body in original with the details of their teaching submit, date of birth, date of selection, date of joining, academic qualifications, teaching experience, NET/Ph.D (NCTE’s GOI dated 09.06.2017), salary structure and related documents duly attested by authorised management representative not submitted. And, notarised original affidavit of Rs. 100/- on non-judicial stamp paper by the management and Rs. 10/- non-judicial stamp paper by each selected/appointed faculty in the NCTE prescribed proforma are required to be submitted.

11. Details of salary disbursed to the faculty along with six months Bank statement and account number of each faculty member has not been submitted.

12. Copies of valid Fixed Deposit Receipts Nationalised /Scheduled Bank towards Endowment & Reserve Fund in the joint operation mode with RD, NRC, NCTE& Management alongwith duly field/filled Bank Form ‘A’ in the original, verified/signed by the Manager of the Bank as per NCTE Regulations, 2014 not been submitted

13. Downloaded copies of documents from the website of the institution with hyperlinks of the same as per provisions of 7(14) of the NCTE Regulations,2014 has not been submitted.

14. The Institution is required to submit present status of affiliation.

15. The institution is required to submit the present status of composite institution. Hence, First Show cause notice under section 17 of the NCTE Act, 1993 be issued to the institution to submit reply within 30 days from the date of issue of the notice."

30. The decision with respect to 337th meeting held on 08.07.2021 to 09.07.2021 with regard to Baghpat Institute of Education and Technology, Plot/Khasra No.- 412, Street No.- 0, Village- Plan, Post Office- Plan, Tehsil/Taluka- Baghpat, Town/City- Baghpat, District- Bagpat- 250616, Uttar Pradesh for B.Ed course is reproduced as under:- "The original file of the Institution along with other related documents NCTE Act, 1993, Regulations and Guidelines issued by NCTE from time to time, were carefully considered by NRC and the Committee made following observations:

1. An opportunity was given to the institution for submission of the reply of Revised Recognition Order as well as Show Cause Notice by published a Public Notice dated 30.03.2021. Reply has not been received from the institution.

2. Certified registered land documents issued by the Registering Authority or concerned authority has not been submitted. Blue print of approved Building plan signed by the Competent Govt. Authority indicating the name of the course, name of the institution, Khasra No./Plot No., total land area, total built up area with measurements of the Multi Purpose Hall as well other infrastructural facilities such as class rooms etc. has not been submitted.

4. Land Use Certificate issued by the Competent Government Authority to use the land for educational purpose has not been submitted.

5. Non-Encumbrance Certificate issued by the Competent Government Authority indicating that the land is free from all encumbrances has not been submitted.

6. Certified Copy of site plan with demarcated land area for running different courses has not been submitted.

7. Building safety certificate from the Competent Government Authority has not been submitted.

8. Fire safety certificate issued by the Competent Government Authority has not been submitted.

9. Certificate to the effect that the building is differently abled friendly from the Competent Government Authority has not been submitted.

10. Building Completion Certificate signed by the Competent Government Authority has not been submitted.

11. The latest/current faculty lost approved & signed each page by concerned affiliating body in original with the details of their teaching submit, date of birth, date of selection, date of joining, academic qualifications, teaching experience, NET/Ph.D (NCTE’s GOI dated 09.06.2017), salary structure and related documents duly attested by authorised management representative not submitted. And, notarised original affidavit of Rs. 100/- on non-judicial stamp paper by the management and Rs. 10/- non-judicial stamp paper by each selected/appointed faculty in the NCTE prescribed proforma are required to be submitted.

12. Details of salary disbursed to the faculty along with six months Bank statement and account number of each faculty member has not been submitted.

13. Copies of valid Fixed Deposit Receipts Nationalised /Scheduled Bank towards Endowment & Reserve Fund in the joint operation mode with RD, NRC, NCTE & Management alongwith duly field/filled Bank Form ‘A’ in the original, verified/signed by the Manager of the Bank as per NCTE Regulations, 2014 has not been submitted.

14. Downloaded copies of documents from the website of the institution with hyperlinks of the same as per provisions of 7(14) of the NCTE Regulations, 2014 has not been submitted.

15. The Institution is required to submit present status of affiliation.

16. The institution is required to submit the present status of composite institution. Hence, First Show cause notice under section 17 of the NCTE Act, 1993 be issued to the institution to submit reply within 30 days."

31. As many as 15 deficiencies were noted with respect to M.D. College of Education in 336th meeting of NRC. Accordingly, SCN was decided to be issued to submit the reply with 30 days from the date of issuance of the notice.

32. Almost similar approach has been adopted in 337th meeting held on 08.01.2021 to 09.01.2021 by NRC with respect to 2 institutions and while observing, as many as 16 deficiencies, the SCN was decided to be issued to the institutions therein. A perusal of the decision taken by the NRC clearly reveals that the individual deficiencies have been noted with respect to these institutions.

33. In all these cases being W.P.(C) 7161/2021, W.P.(C) 8096/2021, W.P.(C) 8098/2021, W.P.(C) 7703/2021 and W.P.(C) 8716/2021 there have been various interim orders passed by this court, directing not to take any precipitative action. It is an admitted position that after issuance of SCN, the institutions concerned are in operation and no action has been taken by the concerned RC against any of the institutions.

34. Having perused the nature of the exercise which has been conducted by the concerned RC and the reasons recorded for issuance of the SCN, it is found that the concerned institutions are under an obligation to submit their reply to such SCN(s) issued to them. There is no reason to interfere with the SCN(s), depending upon the reply to be submitted by the concerned institutions, the NRC will consider the same in accordance with law and pass appropriate orders.

35. With the aforesaid directions, the petitions mentioned in paragraph No.33 along with pending application(s) stand disposed of.

PURUSHAINDRA KUMAR KAURAV, J MARCH 27, 2023