NCTE Cannot Deny Recognition For B.Ed. Or D.El.Ed. Course From AY 2021-2022 And Grant Only For AY 2022-2023: Supreme Court
The batch of Writ Petitions before the Supreme Court was filed by Colleges being aggrieved by the fact that the National Council for Teacher Education (NCTE) or its Regional Committees, after considering all the necessary requirements, have granted recognition for conducting B.Ed./D.El.Ed. course for Academic Year 2022-2023 and not for Academic Year 2021-2022.
The Colleges approached the Apex Court seeking a direction to the NCTE to grant recognition for Academic Year 2021-2022.
Counsel for the Petitioners contended that NCTE or its Regional Committees after having satisfied, granted recognition to the petitioner colleges for the Academic Year 2022-2023 but for no valid reason, the recognition is not granted for the Academic Year 2021-2022 even though, they have fully complied with all the infrastructural requirements of the NCTE. Whereas the counsel for Respondents sought the dismissal of the Writ Petitions by referring to the case of Maa Vaishno Devi Mahila Mahavidyalaya v. State of Uttar Pradesh and others, where recognition was granted only from the Academic Year 2022-2023 and not from the Academic Year 2021-2022.
After noting the facts and circumstances of each case, the Bench comprising of Justice R. F. Nariman and Justice B. R. Gavai held 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."
The Bench noted that, "And it is not in dispute that the counselling for admission is yet to commence. Insofar as the timeline 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 timeline 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."
The batch of Writ Petitions was disposed of with the following directions:-
(i) The cutoff date fixed by this Court in Maa Vaishno Devi Mahila Mahavidyalaya (supra) is extended in the facts of these cases;
(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.
(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 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 included in the counselling programme for admissions.