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Supreme Court of India

DEVENDRA PATHAK SARVODAYA COLLEGE OF EDUCATIONversusNATIONAL COUNCIL FOR TEACHER EDUCATION AND ORS.

Citation
2021 INSC 396
Decided
11 August 2021

Holding

The petitioners are entitled to NCTE recognition for the Academic Session 2021‑2022, and NCTE must issue the requisite orders accordingly.

Summary

The petitioners, a group of teacher‑training colleges, applied to the National Council for Teacher Education (NCTE) for recognition to run B.Ed. and D.El.Ed. programmes for the Academic Session 2021‑2022. Although the NCTE, after inspecting infrastructure and satisfying all statutory norms, granted recognition only for the Academic Session 2022‑2023, the colleges sought a direction under Article 32 to obtain recognition for the earlier session. The Supreme Court examined the NCTE’s satisfaction of the requirements under the NCTE Act and its 2014 Regulations and found no rational basis for denying the 2021‑2022 recognition. Relying on the timeline set in Maa Vaishno Devi Mahila Mahavidyalaya’s case, the Court extended the cut‑off date and held that the petitioners are entitled to the recognition for 2021‑2022. Accordingly, the Court directed NCTE and its regional committees to issue formal orders within three days, the State to grant affiliation within fifteen days, and the colleges to admit students and be included in the counselling programme for 2021‑2022.

Issues considered

  • Whether the NCTE can lawfully deny recognition for the Academic Session 2021‑2022 when it has satisfied all statutory requirements and granted recognition for 2022‑2023.
  • Whether the timeline prescribed in Maa Vaishno Devi Mahila Mahavidyalaya’s judgment applies to the present petitions.

Legislation cited

Subjects

Teacher educationNCTE recognitionB.Ed.D.El.Ed.Academic sessionWrit petitionArticle 32Regulatory complianceInstitutional recognition

Judgment

                        [2021] 8 S.C.R. 439                              439


      DEVENDRA PATHAK SARVODAYA COLLEGE OF                               A
                   EDUCATION
                                  v.
      NATIONAL COUNCIL FOR TEACHER EDUCATION
                     AND ORS.
                                                                         B
                 (Writ Petition (C) No. 518 of 2021)
                         AUGUST 11, 2021
            [R. F. NARIMAN and B. R. GAVAI, JJ.]
      Education/Educational Institutions:
                                                                         C
       National Council for Teacher Education Act, 1993: s. 14(1)
– Recognition of institutions offering course or training in teacher
education – B Ed. and D.El.Ed. courses – Petitioner-Colleges sought
grant of recognition from National Council for Teacher Education-
NCTE for conducting either B.Ed. course or D.El.Ed. course or for
                                                                         D
both – Grant of recognition by NCTE for conducting B.Ed./
D.El.Ed. course for Academic Session 2022-2023, on consideration
of all necessary requirements – However, recognition not granted
for Academic year 2021-2022 – Held: Order granting recognition
for Academic Session 2022-2023 recorded its satisfaction with
regard to the provisions of the Act and Rules and also with regard       E
to Norms and Standards for the teacher education programme – In
view thereof, there can be no rationale for NCTE or its Regional
Committee to deny the recognition from the Academic Year 2021-
2022 – Furthermore, counselling for admission is yet to commence
– Thus, the cut-off date fiXed by this Court in Maa Vaishno Devi
                                                                         F
Mahila Mahavidyalaya’s case is eXtended in the facts of these cases -
Petitioners entitled to grant of recognition from the Academic Session
2021-2022 instead of Academic Session 2022-2023 – National
Council for Teacher Education (Recognition, Norms and Procedure)
Regulations, 2014.
      Allowing and disposing of the writ petitions, the Court            G

      HELD: 1.1 Proposal of the petitioners for grant of
recognition for conducting either B.Ed. course or D.El.Ed. course
or for both have been pending for considerable periods. However,
the NCTE or its Regional Committees, after considering all the
                                                                         H
                                 439
440            SUPREME COURT REPORTS                      [2021] 8 S.C.R.


A     necessary requirements, have granted recognit ion for
      conducting B.Ed./D.El.Ed. course for Academic Session 2022-
      2023. Perusal of the other petitions would reveal that either
      identical or similar reasons have been given while granting
      recognition. It could thus be seen that recognition has been
      granted by NCTE or its Regional Committees on scrutiny of the
B
      applications submitted by the institutions, the documents attached
      therewith, the affidavits submitted and the reports received from
      Visiting Teams and videography. It also mentions that the
      Committee was satisfied that the applicant(s) fulfills the
      requirement under the provisions of NCTE Act, rules and
C     relevant Regulations, after considering the certificates issued
      from the affiliating bodies. The order also records its satisfaction
      with regard to Norms and Standards for the teacher education
      programme such as instructional facilities, infrastructural
      facilities, financial resources, etc. for running the programme.
      [Paras 30, 31, 33][448-E, F; 449-B-D]
D
             1.2 After arriving at such a satisfaction, there can be no
      rational for NCTE or its Regional Committee to deny the
      recognition from the Academic Year 2021-2022 and insist on
      recognition for Academic Session 2022-2023. The counselling
E     for admission is yet to commence. Insofar as the time-line
      prescribed in the judgment of this Court in the case of Maa Vaishno
      Devi Mahila Mahavidyalaya’s case is concerned, this Court itself
      in catena of orders placed on record has modified the time-line
      fiXed therein. The same course needs to be followed in the instant
      matter, particularly, when the delay is not attributable to the
F     petitioners, but, on the contrary to NCTE or its Regional
      Committees. [Para 34][449-D-F]

            1.3 The cut-off date fiXed by this Court in Maa Vaishno Devi
      Mahila Mahavidyalaya’s case is eXtended in the facts of these
G     cases; it is held that the petitioners would be entitled to the
      recognition granted by respective orders passed by NCTE or its
      Regional Committees from the Academic Session 2021-2022
      instead of Academic Session 2022-2023; the Respondent NCTE
      and its Regional Committees are directed to issue formal orders/

H
     DEVENDRA PATHAK SARVODAYA COLLEGE OF EDUCATION v.                    441
         NATIONAL COUNCIL FOR TEACHER EDUCATION


notifications in that regard within the stipulated period; the State      A
and other Authorities would consider grant of affiliation and/or
other requisite permissions within the stipulated period; the
petitioners would be entitled to admit the students for Academic
Session 2021-2022 as per the sanction granted by NCTE for the
Academic Session 2022-2023; and the name of the petitioner-
                                                                          B
colleges/institutions would be included in the counselling
programme for admissions. [Para 35][449-F-H; 450-A-C]

      Maa Vaishno Devi Mahila Mahavidyalaya v. State of
      Uttar Pradesh and Others (2013) 2 SCC 617 : [2012]
      13 SCR 810 – relied on.                                             C

                           Case Law Reference

[2012] 13 SCR 810                   relied on            Paras 34, 35

      CIVIL ORIGINAL JURISDICTION: Writ Petition (C) No.518               D
of 2021.

      Under Article 32 of The Constitution of India

      With
                                                                          E
      Writ Petition (Civil) Nos.532, 793, 778, 789, 794, 608, 602, 601,
538, 711, 823 of 2021.

      Amitesh Kumar, Ms. Binisa Mohanty, Ms. Priti Kumari, Mritunjay
Kumar Sinha, Animesh Kumar, Neeraj Shekhar, Nishant Kumar,
Ms. Utkarsha Sharma, Ms. Shweta Singh, Shreeyash Uday Lalit, Mukesh       F
Kumar Singh, Ikshit Singhal, Maneesh Saxena, Anbarasan Nathar Paul
for M/s. Mukesh Kumar Singh and Co., Mayank Manish, Ravi Kant,
Vivek Singh, C. P. Rajwar, Chandra Prakash, Advs. for the Petitioner.

      S. Wasim A Qadri, Dr. Manish Singhvi, Sr. Advs., Ms. Manisha        G
T. Karia, Ms. Sukhda Kalra, Adarsh Kumar, Ms. Nidhi Nagpal, Saeed
Qadri, Ms. Udita Singh, Gopal Singh, Manish Kumar, Sandeep Kumar
Jha, Kunal Chatterjii, Ms. Maitrayee Banerjee, Siddhartha Chowdhury,
Advs. for the Respondents.

                                                                          H
442             SUPREME COURT REPORTS                            [2021] 8 S.C.R.


A           The Judgment of the Court was delivered by
            B. R. GAVAI, J.
            1. The facts in all these bunch of petitions are almost similar and
      as such, are decided by this common judgment.
B            2. We will refer to the facts in the lead matter i.e. Writ Petition
      (Civil) No.518 of 2021 in some detail and would refer to the bare
      necessary facts in all other matters.
            Writ Petition (Civil) No.518 of 2021
            3. The petitioner college was established as unaided training college
C     to impart Bachelor in Teacher Education (B.Ed.) and Diploma in
      Elementary Education (D.El.Ed.) courses in the year 2011.
             4. The petitioner college submitted an application to respondent
      No.1 – National Council for Teacher Education (hereinafter referred to
      as ‘NCTE’) for grant of recognition under Section 14(1) of the National
D     Council for Teacher Education Act, 1993 (hereinafter referred to as
      ‘the said Act’) for conducting B.Ed. course with an annual intake of 100
      students.
            5. Vide order dated 25.2.2014, NCTE granted recognition for
      B.Ed. course under one year programme for Academic Year 2014-2015
E     with an annual intake of 100 students.
             6. Respondent No. 2 – Magadh University, Bodh Gaya, Bihar,
      vide letter dated 2.8.2014 granted affiliation to the petitioner college to
      conduct admission with 100 seats of one year B.Ed. course from
      Academic Year 2014-2015 till continuation of accreditation of NCTE.
F           7. By the National Council for Teacher Education (Recognition,
      Norms and Procedure) Regulations, 2014 (hereinafter referred to as
      ‘2014 Regulations’), notified on 28.11.2014, a two-year B.Ed. course
      was introduced instead of one-year B.Ed. course from Academic Session
      2015-2016 onwards.
G            8. Petitioner-college by an affidavit agreed to come under 2014
      Regulations and sought for two basic units (100 seats) in B.Ed. course,
      which requires additional facilities. Vide order dated 23.5.2015, petitioner-
      college was granted recognition for two-year B.Ed. course for Academic
      Session 2015-2016 with an annual intake capacity of 100 seats.
H     Petitioner-college was also granted recognition for D.El.Ed. course vide
    DEVENDRA PATHAK SARVODAYA COLLEGE OF EDUCATION v.                           443
   NATIONAL COUNCIL FOR TEACHER EDUCATION [B. R. GAVAI, J.]


order dated 2.5.2016 with an annual intake of 50 seats for two years            A
duration from Academic Session 2016-2017 to 2017-2018.
      9. On 3.6.2016, after receiving NOC, the petitioner-college
submitted its online application to NCTE seeking recognition for additional
two units (100 seats) for D.El.Ed. and B.Ed. courses along with relevant
documents.                                                                      B
      10. Vide order dated 26.9.2017, respondent No.3 – Bihar School
Examination Board granted affiliation to the petitioner-college for
conducting D.El.Ed. course with one unit (50 seats) from Academic
Session 2017-2019.
        11. In the 280th meeting of NCTE, held on 29.2.2020 and 1.3.2020,       C
a visiting team was constituted under the provisions of Section 15 of the
said Act so as to inspect the infrastructure and instructional facilities for
additional intake in B.Ed. and D.El.Ed. courses. However, on account
of Covid-19 pandemic, inspection could not take place as scheduled.
Subsequently, inspection in the petitioner-college came to be conducted         D
on 8.3.2021 and a letter of intent was issued in favour of the petitioner-
college by NCTE for additional intake in B.Ed. and D.El.Ed. courses as
to the proposal submitted by the petitioner-college on 10.6.20216. In the
290th meeting held on 3.3.2021, NCTE found that the petitioner-college
has adequate facility required for conducting teachers’ courses.
Petitioner-college was therefore asked to intimate its willingness on an        E
affidavit about the number of units sought for the purpose of granting of
the formal recognition. Petitioner-college replied thereto stating that the
petitioner-college has the necessary infrastructure for additional intake
of two units for B.Ed. course and two units for D.El.Ed. course.
Recognition was granted to the petitioner-college for additional intake of      F
two units in B.Ed. course and two units in D.El.Ed. course in the 291 st
meeting of NCTE, held on 12.4.2021. However, by the said resolution,
the recognition has been granted for Academic Year 2022-2023 and not
for Academic Year 2021-2022.
      12. In this background, the petitioner-college has approached this        G
Court seeking a direction to the respondents to grant recognition for
Academic Year 2021-2022.
      WRIT PETITION (CIVIL) NO. 532 OF 2021
      13. In the present case, the petitioner-college had applied in
pursuance to the public notice issued by NCTE in the year 2015 thereby          H
444            SUPREME COURT REPORTS                           [2021] 8 S.C.R.


A     inviting applications for running D.El.Ed. course from Academic Session
      2016-2017. Though the petitioner’s application was pending since 2015,
      the Eastern Regional Committee of NCTE (hereinafter referred to as
      ‘ERC’) in its 292 nd meeting, held on 20.4.2021, decided to grant
      recognition to the petitioner-college from Academic Session 2022-2023.
      The petitioner has, therefore, approached this Court seeking similar relief
B
      for a direction to grant recognition from the Academic Year 2021-2022.
            WRIT PETITION (CIVIL) NO. 793 OF 2021
             14. In the present case also, the petitioner, in pursuance to the
      public notice issued by the NCTE in the year 2015, made an application
C     for running B.Ed. and D.El.Ed. courses. The Department of School
      Education and Literacy Department (Primary Education Secretariat),
      State of Jharkhand has also granted ‘No Objection Certificate’ (NOC)
      for running D.El.Ed. course on 26.2.2016. The application of the petitioner
      was rejected by ERC vide order dated 14.4.2016 insofar as D.El.Ed.
      course is concerned. The reason given was that the NOC had not been
D     received from the Directorate of Primary Education, Government of
      Jharkhand. ERC also rejected the application of the petitioner for B.Ed.
      vide order dated 14.4.2016 on the ground that the institution has not
      submitted the NOC for the D.El.Ed. programme and as such, recognition
      for B.Ed. course cannot be granted.
E            15. There was a series of litigation between the petitioner and the
      NCTE. The Division Bench of the Jharkhand High Court vide order
      dated 2.4.2019 allowed LPA no.148 of 2018 and directed ERC and NCTE
      to revive the application of the petitioner and to process the same for
      Academic Session 2020-2022.
F            16. Thereafter, there were certain correspondences between ERC
      of NCTE and the petitioner with regard to certain compliances. Finally,
      ERC in its 293rd meeting, held on 9.6.2021, decided to grant recognition
      to the petitioner for conducting D.El.Ed. and B.Ed. courses from
      Academic Session 2022-2023 with an annual intake of 100 seats (two
G     units) in each course.
            17. In this background, the petitioner has approached this Court
      seeking a similar relief.
            WRIT PETITION (CIVIL) NO. 778 OF 2021

H
    DEVENDRA PATHAK SARVODAYA COLLEGE OF EDUCATION v.                            445
   NATIONAL COUNCIL FOR TEACHER EDUCATION [B. R. GAVAI, J.]


       18. The petitioner applied for grant of permission/recognition to         A
run D.El.Ed. course on 5.7.2016 for two units of 50 students each. NCTE
granted permission to the petitioner on 14.2.2018 to run one unit i.e. 50
students in respect of D.El.Ed. course. There were certain litigations
with regard to non-grant of second unit to the petitioner. Finally, in its
291st meeting, held on 12.4.2021, ERC decided to issue one additional
                                                                                 B
unit of intake to the petitioner for running D.El.Ed. course from Academic
Session 2022-2023. Petitioner also seeks similar relief as sought by the
other petitioners.
       WRIT PETITION (CIVIL) NO. 789 OF 2021
         19. The petitioner had applied on 20.10.2008 for conducting B.Ed.       C
course with intake of 100 students (two units). There were series of
litigations between the petitioner and the North Regional Committee of
the NCTE (hereinafter referred to as ‘NRC’). On 13.1.2021, the Western
Regional Committee of the NCTE (hereinafter referred to as ‘WRC’),
which now has the jurisdiction to process the applications pertaining to
institutions in Rajasthan, issued letter of intent after finding no deficiency   D
in the petitioner-institution. WRC in its 337th meeting (virtual) held on
7th-9th July, 2021, decided to grant recognition to the petitioner-institution
for conducting B.Ed. with intake of two units (100 seats) from the
Academic Session 2022-2023. In this background, the petitioners
approached this Court seeking similar relief.                                    E
       WRIT PETITION (CIVIL) NO. 794 OF 2021
        20. In the present case also, the petitioner-college in response to
the public notice issued in the year 2015 by the NCTE applied on 30.6.2015
for grant of recognition for B.Ed. course from Academic Session 2016-
2017. Vide order dated 10.11.2016, the application of the petitioner-college     F
came to be rejected by the WRC in its 262nd meeting. The petitioner
preferred statutory appeal, which was allowed and WRC was directed
to reconsider the issue. After series of correspondences and some
litigation, WRC in its 337th meeting decided to grant recognition to the
petitioner for conducting B.Ed. course from the Academic Session 2022-           G
2023. The petitioner has therefore approached this Court seeking similar
relief.
       WRIT PETITION (CIVIL) NO. 608 OF 2021
       21. The petitioner in pursuance to the public notice issued by NCTE
in the year 2015 applied for grant of recognition for conducting B.Ed.           H
446             SUPREME COURT REPORTS                            [2021] 8 S.C.R.


A     course from the Academic Session 2016-2017 with an annual intake of
      100 students. The said application was made on 2.6.2015. After a long
      period of six years, ERC in its 292nd meeting, held on 20.4.2021, decided
      to grant recognition to the petitioner-institution for conducting B.Ed. course
      of two years duration with an annual intake of 100 students (two basic
      units) from the Academic Session 2022-2023. As such, petitioner has
B
      approached this Court seeking similar relief.
             WRIT PETITION (CIVIL) NO. 602 OF 2021
            22. In the present case also, the petitioner, in response to the
      public notice issued by the NCTE, submitted its application in the year
C     2016 for grant of recognition for conducting B.Ed. and D.El.Ed. courses.
      The application of the petitioner-college came to be rejected in the year
      2018. Being aggrieved thereby, the petitioner had approached the Delhi
      High Court by filing Writ Petition (Civil) No. 5888 of 2018. The Delhi
      High Court by order dated 28.5.2018 directed ERC to consider the
      application of the petitioner de hors the requirement of NOC.
D     Accordingly, ERC in its 291st meeting, held on 12.4.2021, granted
      recognition to the petitioner for conducting B.Ed. and D.El.Ed. courses
      for two units (100 students) from the Academic Session 2022-2023.
      The petitioner therefore approached this Court seeking similar relief.
             WRIT PETITION (CIVIL) NO. 601 OF 2021
E
             23. In the present case also, the petitioner, in response to the
      public notice issued in the year 2015 by the NCTE, sought recognition
      for conducting B.Ed. course from the Academic Session 2016-2017 with
      an annual intake of 100 students vide application dated 15.6.2015. The
      said application was pending for a period of six years and finally ERC in
F     its 292nd meeting held on 20.4.2021 granted recognition to the petitioner
      for conducting B.Ed. course of two-year duration with an annual intake
      of 100 students (two basic units) from Academic Session 2022-2023.
      The petitioner thus approached this Court seeking similar relief.
             WRIT PETITION (CIVIL) NO. 538 OF 2021
G
            24. In the present case also, the petitioner, in response to the
      public notice issued in the year 2015 by the NCTE, sought recognition
      for conducting D.El.Ed. course from the Academic Session 2016-2017
      with an annual intake of 100 students vide application dated 15.6.2015.
      The said application was pending for a period of six years and finally
H     ERC in its 292nd meeting held on 20.4.2021 granted recognition to the
    DEVENDRA PATHAK SARVODAYA COLLEGE OF EDUCATION v.                           447
   NATIONAL COUNCIL FOR TEACHER EDUCATION [B. R. GAVAI, J.]


petitioner for conducting D.El.Ed. course of two-year duration with an          A
annual intake of 100 students (two basic units) from Academic Session
2022-2023. The petitioner thus approached this Court seeking similar
relief.
      WRIT PETITION (CIVIL) NO. 711 OF 2021
       25. In the present case, the petitioner had applied for grant of         B
recognition for conducting B.Ed. course with intake of 100 students (two
units) on 24.12.2012. The said application was returned on ban imposed
by the Government of Haryana. The petitioner therefore approached
the Delhi High Court by filing Writ Petition (Civil) No.2383 of 2018.
The said petition was allowed on 14.3.2018 thereby directing the                C
respondents to reconsider the petitioner’s application. NRC in its 295th
meeting issued show cause notice to the petitioner to which reply was
submitted by the petitioner on 29.3.2019. The petitioner again approached
the Delhi High Court by way of filing Writ Petition (Civil) No.2835 of
2019 and the Delhi High Court remanded the matter to NRC for
reconsideration by order dated 6.11.2019. NRC, in its 335th (virtual)           D
meeting, decided to grant recognition to the petitioner-institution for
conducting B.Ed. course of two-year duration with an intake of 100
seats (two basic units) from the Academic Session 2022-2023. Thus,
the petitioner approached this Court seeking similar relief.
      WRIT PETITION (CIVIL) NO. 823 OF 2021                                     E

       26. The petitioner had submitted its application in the year 2015
for conducting B.Ed. course. A letter of intent also came to be issued to
the petitioner. There were exchange of communications between NRC
and the petitioner leading to no result. As such, the petitioner filed a writ
petition being Writ Petition (Civil) No.1522 of 2021 before the Delhi           F
High Court. The said petition came to be disposed of by order dated
5.2.2021 directing the respondents to consider the petitioner’s application
within 10 weeks. In term of the decision taken by NRC in its 336th
meeting, by order dated 28.6.2021, it granted recognition to the petitioner
for conducting B.Ed. course from the Academic Session 2022-2023 with            G
annual intake of 50 students. Hence, the petitioner approached this Court
seeking similar relief as sought by the other petitioners.
       27. We have heard Shri Amitesh Kumar, Shri Shreeyash Uday
Lalit and Shri Mayank Manish, learned counsel for the petitioners,
Ms. Manisha T. Karia, learned counsel for NCTE, Dr. Manish Singhvi,
                                                                                H
448                SUPREME COURT REPORTS                        [2021] 8 S.C.R.


A     learned Senior Counsel appearing for the State of Rajasthan and Shri
      Kunal Chatterji, learned counsel for West Bengal Board of Primary
      Education.
              28. It is contended on behalf of the petitioners that though NCTE
      or its Regional Committees after having satisfied granted recognition to
B     the petitioners-colleges/institutions for the Academic Year 2022-2023,
      for no reason, the recognition is not granted for the Academic Year
      2021-2022. It is submitted that the petitioners have fully complied with
      all the infrastructural requirements of the NCTE and there is no reason
      as to why recognition should not be granted for the Academic Year
      2021-2022.
C
             29. Ms. Manisha T. Karia, learned Advocate-on-Record for the
      NCTE submitted that taking into consideration the time frame as is
      prescribed by this Court in the case of Maa Vaishno Devi Mahila
      Mahavidyalaya v. State of Uttar Pradesh and others1, the recognition
      has been granted only from the Academic Year 2022-2023 and not from
D     the Academic Year 2021-2022. Learned counsel for the respondent –
      States also submit that the petitions deserve to be dismissed.
             30. As could be seen from the facts narrated herein above, proposal
      of the petitioners for grant of recognition for conducting either B.Ed.
      course or D.El.Ed. course or for both have been pending for considerable
E     periods. In some cases, they have been pending as long as for a period
      of six years. In some cases, there has been series of litigations.
            31. However, the factor that is common in all the matters is that
      NCTE or its Regional Committees, after considering all the necessary
      requirements, have granted recognition for conducting B.Ed./D.El.Ed.
F     course for Academic Session 2022-2023.
             32. It will be relevant to refer to paragraph 2 of the order dated
      19th April, 2021 passed by the NCTE in the lead matter i.e. Writ Petition
      (Civil) No.518 of 2021, which read thus:
               “2. AND WHEREAS, on scrutiny of the application submitted
G
               by the institution, the documents attached therewith the affidavit
               submitted and the report received from VT and videography, and
               the certificates received from the affiliating body, the Committee
               is satisfied that the applicant fulfils the requirements under the
      1
          (2013) 2 SCC 617
H
    DEVENDRA PATHAK SARVODAYA COLLEGE OF EDUCATION v.                           449
   NATIONAL COUNCIL FOR TEACHER EDUCATION [B. R. GAVAI, J.]


      provisions of NCTE Act, Rules and relevant Regulations including          A
      the Norms and Standards for the said teacher education programme
      such as instructional facilities, infrastructural facilities, financial
      resources, etc., for running the programme.”
       33. Perusal of the other petitions would reveal that either identical
or similar reasons have been given while granting recognition. It could         B
thus be seen that recognition has been granted by NCTE or its Regional
Committees on scrutiny of the applications submitted by the institutions,
the documents attached therewith, the affidavits submitted and the reports
received from Visiting Teams and videography. It also mentions that the
Committee was satisfied that the applicant(s) fulfills the requirement
under the provisions of NCTE Act, rules and relevant Regulations, after         C
considering the certificates issued from the affiliating bodies. The order
also records its satisfaction with regard to Norms and Standards for the
teacher education programme such as instructional facilities,
infrastructural facilities, financial resources, etc. for running the
programme.                                                                      D
       34. After arriving at such a satisfaction, we are of the view that
there can be no rational for NCTE or its Regional Committee to deny
the recognition from the Academic Year 2021-2022 and insist on
recognition for Academic Session 2022-2023. It is not in dispute that the
counselling for admission is yet to commence. Insofar as the time-line          E
prescribed in the judgment of this Court in the case of Maa Vaishno
Devi Mahila Mahavidyalaya (supra) is concerned, this Court itself in
catena of orders placed on record has modified the time-line fixed therein.
We find that same course needs to be followed in the present matter,
particularly, when the delay is not attributable to the petitioners, but, on
the contrary to NCTE or its Regional Committees.                                F

      35. We therefore allow the petitions in the following terms:
      (i)    The cut-off date fixed by this Court in Maa Vaishno Devi
             Mahila Mahavidyalaya (supra) is extended in the facts of
             these cases;                                                       G
      (ii)   It is held and declared that the petitioners would be entitled
             to the recognition granted by respective orders passed by
             NCTE or its Regional Committees from the Academic
             Session 2021-2022 instead of Academic Session 2022-2023.
                                                                                H
450                 SUPREME COURT REPORTS                         [2021] 8 S.C.R.


A             (iii) The Respondent – NCTE and its Regional Committees are
                    directed to issue formal orders/notifications in that regard
                    within a period of three days from today.
              (iv) The State and other Authorities would consider grant of
                   affiliation and/or other requisite permissions within a period
B                  of 15 days from today;
              (v)    The petitioners would be entitled to admit the students for
                     Academic Session 2021-2022 as per the sanction granted
                     by NCTE for the Academic Session 2022-2023.
              (vi) The name of the petitioner-colleges/institutions shall be
C                  included in the counselling programme for admissions.
             36. The writ petitions are allowed and disposed of in the above
      terms. Consequently, all pending applications shall stand disposed of.


D     Nidhi Jain                                Writ petitions allowed and disposed of.




E




F




G




H


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