Punjab & Haryana High Court Imposes Rs 10 Lakh Cost On NCTE For Granting Conditional Recognition To College Despite Prohibition By SC

The Punjab & Haryana High Court has imposed an exemplary cost of Rs. 10 lakh on the National Council for Teachers Education (NCTE) for issuance of conditional recognition to a college, despite prohibition by the Supreme Court in 2012.

The Court found that a B.Ed college run by Syon Educational & Welfare Society was allowed to conclude its course, but the college did not meet the conditions under which the conditional recognition was granted by NCTE.

Chief Justice Sheel Nagu and Justice Anil Kshetarpal said, "The NCTE is creature of a statute which is obliged to stay away from arbitrariness, favoritism or discrimination. In the present case, the NCTE has left no stone unturned to demonstrate that it was hand in glove with the petitioner college not only by grant of conditional recognition which was prohibited at the relevant point of time but also by not taking any steps to apprise this Court of the deficiencies which the petitioner college continued to be plagued with. The conditions subject to which recognition was granted were also not fulfilled by the petitioner college."

The Court noted that the Panjab University had never granted any affiliation to the said college. "The career of the students has been put to peril by conjoint act of the NCTE and the petitioner-college who appear to be hand in glove," it said.

The college had sought direction to the Panjab University to grant affiliation and permit their college to make admissions for B.Ed. course for the academic session 2022-23.

After hearing the submissions, the Court noted that in Adarsh Shiksha Mahavidyalaya and others vs. Subhash Rahangdale and others (2012) the Apex Court had categorically held that no conditional recognition shall be granted by the NCTE.

"The NCTE being well aware of the said law laid down by the Apex Court granted conditional recognition to the petitioner college as late as on 03.03.2015," observed the Court. The cost imposed on the body shall be recovered from the erring officers after conducting enquiries.

"Since the facts and circumstances clearly reveal that the petitioner college was hand in glove with the NCTE, the same costs of Rs. 10 lacs is also imposed on the petitioner college which shall also be deposited in favour of the PGI Poor Patients Fund within the same period," added the bench.

Nonetheless, in the interest of justice, the Court directed that admission of the students be regularized and appropriate degrees be issued by the University.

Mr. R.Kartikeya, Advocate, for the petitioners.

Mr. Karan Singh Gill, Standing Counsel for respondent-NCTE respondents No.1 and 2.

Mr. Akshay Kumar Goel, Advocate, for respondent-No.3 Panjab University.

Mr. Salil Sabhlok, Sr. Deputy Advocate General, Punjab for respondent No.4.

Mr. Ekjot Sandhu, Advocate, for respondent No.5-GNDU.

Title: Syon Educational & Welfare Society and others v. The National Council for Teachers Education and others

Citation: 2024 LiveLaw (PH) 201

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