Aruneshwar Verma vs The State of Jharkhand & ors.

Heard counsel for the petitioner and the Respondents.

Petitioner, a self financed Institution, is running a B.Ed Course since 2012

after getting recognition from NCTE vide letter dated 29.06.2012 with annual intake

prescribed therein. In terms of NCTE (Recognition, Norms and Procedures)

Regulations, 2014 dated 01.12.2014, petitioner also made an application before the

deadline on 30.06.2016 i.e. the cut-off date for recognition to D.El.Ed Course for the

academic session 2017-19 (Annexure7 series). Government of Jharkhand granted

NOC to the petitioner college on 31.05.2016 (Annexure-5).

Petitioner contends on the basis of the information furnished under the RTI

by Jharkhand Academic Council dated 03.02.2017 (part of Annexure-6 series) that

Jharkhand Academic Council is not an affiliating body to grant NOC to an

Institution seeking recognition from NCTE. Counsel for the petitioner submits that

communication dated 03.02.2017 clearly states that NOC can be obtained from

Directorate of Primary Education. Counsel for the petitioner submits that despite

application made on-line with hard copy by the extended deadline prescribed dated

30.06.2016 in terms of orders passed in Maa Vaishno Devi Mahavidyalaya versus

State of Uttar Pradesh and others [(2013) 2 SCC 617] by the Hon''ble Supreme

Court, NCTE has not yet communicated any decision in relation thereto, though 3 rd

of March, 2017 is the last date before which such a decision is required to be taken.

Petitioner has therefore been compelled to approach this Court for redress. It is

submitted that the Respondent NCTE may be directed to take a decision within the

shortest possible time before the cut-off date 03.03.2017 on the application for grant

of recognition of Diploma in Elementary Education for the academic session 2017-

19.

Learned counsel for the Respondent Jharkhand Academic Council submits on

the basis of letter dated 03.02.2017, enclosed as part of Annexure-6 series also, that

Jharkhand Academic Council is not an affiliating body, so far as grant of no

objection certificate to an Institution seeking recognition from NCTE is concerned,

unless and until a separate request is made by NCTE. The power to issue NOC lies

with the Directorate of Primary Education.

Learned counsel for the NCTE submits that since the matter has been filed

two days back, instructions have not been received as yet. In case petitioner has

applied as per the prescribed format within the cut-off date for seeking recognition

to such a course before the NCTE, the same would be considered in accordance with

law keeping into mind the deadline of 3rd March 2017, as laid down in the case of

Maa Vaishno Devi Mahavidyalaya (Supra).

Having taken note of the relevant material facts noticed above and upon

consideration of the submissions of the counsel for the parties, this Court at this

stage, without making any comments on the merits of the contention of the

petitioner, considers it proper to dispose of the writ petition with a direction to the

Respondent NCTE to take a decision on or before 03.03.2017 on the application of

the petitioner, if made as per the prescribed format and the Regulations in the matter

of recognition to D.El.Ed Course for the academic session 2017-19 keeping into

mind the deadline of 03.03.2017 stipulated for the said purpose.

Writ petition stands disposed of.