M C M Educational & Training Institute v. National Council for Teacher Education & Anr

RAJIV SAHAI ENDLAW, J.

NOVEMBER 23, 2015 bs/pp

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 23rd November, 2015. + W.P.(C) 6044/2015 & CM No.10984/2015 (for interim direction) SHIVOM COLLEGE OF EDUCATION ..... Petitioner Versus NATIONAL COUNCIL FOR TEACHER EDUCATION & ANR ..... Respondents + W.P.(C) 6045/2015 & CM No.10986/2015 (for interim direction) RAM NARAYAN INSTITUTE OF EDUCATION ..... Petitioner Versus NATIONAL COUNCIL FOR TEACHER EDUCATION & ANR ..... Respondents + W.P.(C) 6047/2015 & CM No.10987/2015 (for interim direction) JANKIJI COLLEGE OF EDUCATION ..... Petitioner Versus NATIONAL COUNCIL FOR TEACHER EDUCATION & ANR ..... Respondents + W.P.(C) 6048/2015 & CM No.10988/2015 (for interim direction) M.C.M. EDUCATIONAL AND TRAINING INSTITUTE ......Petitioner Versus NATIONAL COUNCIL FOR TEACHER EDUCATION & ANR ..... Respondents + W.P.(C) 6079/2015 HARYANA COLLEGE OF EDUCATION FOR WOMEN .....Petitioner Versus NATIONAL COUNCIL FOR TEACHER EDUCATION & ANR ..... Respondents + W.P.(C) 6104/2015 RAO SULTAN SINGH COLLEGE OF EDUCATION ..Petitioner Versus NATIONAL COUNCIL FOR TEACHER EDUCATION & ANR ..... Respondents + W.P.(C) 6125/2015 R.N. COLLEGE OF EDUCATION ..... Petitioner Versus NATIONAL COUNCIL FOR TEACHER EDUCATION & ANR ..... Respondents + W.P.(C) 6405/2015 PARMANAND COLLEGE OF EDUCATION ..... Petitioner Versus NATIONAL COUNCIL FOR TEACHER EDUCATION & ANR ..... Respondents Counsel for the petitioners: Mr. Sanjay Sharawat, Adv. Counsel for the respondents: Mr. Arjun Harkauli and Mr. Satyawan Shekhawat, Advs. for NCTE. Mr. Anil Soni and Mr. Naginder Benipal, Advs. for NCTE. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW 1. The petitioner in each of the petitions claims to be an unaided and self-financed institution in the State of Haryana, established for imparting education in teacher training. It is the case of all the petitioners, that: (i) the respondent No.1 National Council for Teacher Education (NCTE), constituted by the National Council for Teacher Education Act, 1993 (NCTE Act) to regulate and maintain norms and standards in teacher education system and being the final authority for granting recognition for conducting teacher training course, invites applications every year from institutions desirous of seeking permission to start various teacher training courses; (ii) however, the applications are invited from particular States only, on the ground of the Governments of other States having advised against grant of recognition for more institutions in their respective States; (iii) as far as the State of Haryana, to which the petitioner Institutions and all these petitions belong, no application for grant of recognition for imparting education in Diploma in Elementary Education (D.El.Ed.) course was invited from the year 2008 till the year 2012; (iv) on 26th November, 2012, the respondent No.1 NCTE issued public notice inviting fresh applications for academic session 2013, again for some of the States and for some of the courses only; however this time, applications were invited from the State of Haryana also for grant of recognition for D.El.Ed. course; (v) the petitioner in each of the petitions, on 31st December, 2012, 20th December, 2012, 27th December, 2012, 31st December, 2012, 24th December, 2012, 15th December, 2012, 30th December, 2012 and 25th December, 2012 respectively applied, seeking recognition for imparting education in the D.El.Ed. course with effect from the academic session 2013-2014; (vi) however, the respondent No.2 Northern Regional Committee (NRC) of the NCTE, though required to process the applications and to point out the deficiencies if any within 45 days, did not even commence processing the applications; (vii) that the respondent No.1 NCTE, on receipt of letter dated 1st January, 2013 from the Government of Haryana imposing a ban on opening of new colleges in the State and treating this general instruction as a general negative recommendation to be applicable to all the applications, vide letter dated 20th March, 20