Bangalore City College vs State of Karnataka and Others

B.V. Nagarathna, J.—Petitioner has filed an application (I.A.1/15) seeking a direction to second respondent - University to constitute a local inspection committee (LIC) for the purpose of conducting inspection of petitioner''s institution on the application filed before the second respondent- University for seeking renewal of affiliation for the M.Ed Course, with regard to the academic year 2015-16.

While considering aforesaid application, I have heard learned counsel for the parties at length and hence these writ petitions are finally disposed.

Petitioner is an Institution engaged in imparting education in B.Ed as well as M.Ed Courses. Petitioner has assailed Annexure-R, which is communication dated 26.7.2014, issued by second respondent - University. Petitioner has also sought a direction to the respondent -University to consider its applications for renewal of affiliation for the academic years 2012-13, 2013-14 and 2014-15 for M.Ed Courses.

Petitioner-College has been conducting courses at Diploma, Graduation and Post Graduation levels and it has been recognized to conduct B.Ed Course by National Council for Teacher Education(NCTE) for the academic year 2004-05 onwards. On completion of five years, petitioner- Institution having had the eligibility to conduct M.Ed Course sought recognition from NCTE for conducting M.Ed Course for the academic year 2009-10 onwards. Annexure-A is the copy of the recognition granted by the NCTE for conducting M.Ed Course for the academic year 2009-10. The second respondent has also granted affiliation for the said academic year and subsequently renewed the affiliation for academic years 2010-11 and 2011-12. Thereafter, petitioner sought renewal of affiliation for the academic year 2012-13. As per the resolution passed by the Syndicate of the respondent - University on 17.5.2013, by order dated 30.8.2013, respondent- University withdrew affiliation for the academic year 2012-13.

When the matter stood thus, academic year 2013-14 commenced, order dated 30.8.2013 was assailed by the petitioner in W.P. Nos. 43649-43650/2013. This Court on 10.12.2013, quashed order dated 30.8.2013 and directed the respondent-University to consider the application for renewal of affiliation filed by the petitioner-Institution for B.Ed and M.Ed Courses for the academic year 2013-14. A copy of the order of this Court dated 10.12.2013 passed in W.P. Nos. 43649-43650/2013 is produced at Annexure-E to the writ petition. However, while considering the applications for renewal made by the petitioner-Institution, respondent-University issued endorsement dated 24.1.2014. That endorsement was challenged by the petitioner in W.P. No. 7964/2014. This Court by order dated 8.4.2014 disposed the writ petition with certain direction with regard to considering the case of the petitioner for renewal of affiliation for the academic years 2013-14 and 2014-15. Subsequently, communication at Annexure - R dated 26.7.2014 has been issued, which is assailed in these writ petitions.

I have heard learned counsel for parties, learned Additional Government Advocate for respondent No. 1 and learned counsel for second respondent- University and perused the material on record.

During the course of submission, petitioner''s counsel drew my attention to the orders passed by this Court as well as communication issued by the respondent-University on 11.6.2014 and submitted that the reason stated in the impugned communication is not in accordance with law. He contended that having regard to Clause -5 of the National Council for Teacher Education (Recognition Norms and Procedure) Regulations 2007, the petitioner- Institution is entitled to consideration for affiliation. Having regard to order passed by the NCTE on 1.7.2014, he contended that the respondent-University is not right in stating that the NCTE had withdrawn recognition and therefore no affiliation could be granted. According to him, unless affiliation is granted, recognition of NCTE is of no avail. He contended that in view of order dated 1.7.2014, a copy of which is made available to respondent-University, latter had to consider the application filed by the petitioner and pass orders particularly, in view of the directions issued by this Court. He therefore contended that Annexure-R may be quashed and a direction may be issued to the respondent-University to consider the applications made by the petitioner for renewal of affiliation.

Per contra, learned counsel for respondent-University contended that the University was justified in quoting the aforesaid regulation, as no affiliation can be granted in the absence of recognition granted by NCTE. He therefore contended that the impugned communication at Annexure-R does not call for any interference and that once the petitioner is able to obtain recognition from NCTE, respondent - University would consider the application filed by the petitioner for renewal of affiliation. He contended that there is no merit in the writ petitions.

The grievance of the petitioner is with regard to non-consideration of its application for renewal of affiliation for the academic years 2012-13 onwards despite orders passed by this Court in the aforesaid two sets of writ petitions. The impugned communication dated 26.7.2014 is apparently correct, but it does not take into consideration the peculiar facts insofar as the petitioner-Institution is concerned.

Though NCTE had withdrawn recognition of the petitioner-Institution, by order dated 1.7.2014, NCTE has categorically held that, the withdrawal order shall remain in abeyance and the matter was remanded to the Southern Regional Council for Teacher Education for disposal of the application filed by the petitioner for renewal of affiliation and for considering the correctness of the withdrawal order.

On a reading of the entire order, it becomes clear that the intention of the NCTE to keep the order of withdrawal of recognition in abeyance so as to ensure that the case of the petitioner-College with regard to renewal of affiliation would be considered, having regard to the approval given by the respondent- University with regard to teaching staff of the College for M.Ed and such other relevant considerations to be made by the Southern Regional Council for Teacher Education. Subsequent to the remand of the matter to the latter authority, it is stated that the case of the petitioner- College would be considered after notification of new regulations. That may be so, but in the interregnum, there cannot be a vacuum with regard to affiliation of the petitioner- College to be granted by respondent-University inasmuch as NCTE has only kept in abeyance the order withdrawing recognition. That must be interpreted to mean that the affiliation of the petitioner-College has to be considered by respondent-University. It is in this context that the orders of this court passed in the aforesaid writ petitions become more meaningful and significant and therefore directions were issued to the respondent-University to consider the case of the petitioner for renewal of affiliation for the academic years 2012-13 to 2014-15. By merely quoting the regulations, respondent - University cannot escape consideration of the applications filed by the petitioner-College with regard to renewal of affiliation for the aforesaid three academic years.

In the circumstances, communication dated 26.7.2014 (Annexure-R) is quashed. The second respondent- University is directed to consider the applications filed by the petitioner- College for renewal of affiliation for the academic years 2012-13, 2013-14, 2014-15 and 2015-16, on the premise that the renewal of affiliation of the petitioner-College is continued by NCTE. The said consideration shall be made within a period of four weeks from the date of receipt of certified copy of this order.

It is also made clear that in case, respondent-University renews affiliation for the aforesaid years, the same would be until the Southern Regional Council of NCTE takes a decision in the matter. It is further made clear that if the Southern Regional Council for Teacher Education NCTE decides to continue the recognition of the petitioner -College, then no further orders are called for from the respondent- University with regard to renewal of affiliation for the aforesaid academic years.

Writ Petitions are disposed in the aforesaid terms.