Latest Appeal Order - NCTE

143 Pages·2011·0.54 MB·English

F.No.89 - 309/2010 - Appeal
NATIONAL COUNCIL FOR TEACHER EDUCATION
Hans Bhawan, Wing II, 1, Bahadurshah Zafar Marg, New Delhi - 110 002
04/11/2011

O R D E R

WHEREAS the appeal of DPS Institute of Higher Education (The Delhi Public School
Society), Delhi, Delhi dated 26/04/2010 is against the Order No. F.NRC/NCTE/F-
7/NRCAPP239/157th Meeting/2010/20363 dated 16/04/2010 of the Northern Regional
Committee, rejecting its application for recognition for conducting B.Ed. course on the
grounds “ 1) The land was allotted to run school and not for the proposed college for
B.Ed 2) Building plan for the proposed course has not been submitted”.

AND WHEREAS the Correspondent, DPS Institute of Higher Education (The Delhi
Public School Society) (hereinafter referred to as the appellant), preferred an appeal
dated 26/04/2010 to the National Council for Teacher Education, New Delhi
(hereinafter referred to as the Council) under Section 18 of the NCTE Act, 1993 against
the said Order.

AND WHEREAS Mrs. Renu Mittal, Director and Mr. M.S. Nanda, Director, DPS
Institute of Higher Education (The Delhi Public School Society, Delhi) Delhi presented the
case of the appellant institution on 20.05.2010. In the appeal and during personal
presentation, it was submitted that as indicated in the institution’s letter No.
DPSS/EDU/103 dated 10.02.2010 enclosed with the application, the Directorate of
Higher Education, NCT Delhi had permitted the institution to run the B.Ed. course in a
separate building on the land allotted for the school and necessary building plan was
also submitted vide Annexure 5 with the application.

AND WHEREAS the Council noted that the Delhi Development Authority allotted
land on lease basis, to the Delhi Public School Society for construction of building only
for running integrated school at Sector-3, Dwarka and the lease deed specifically
prohibited use of the land for any purpose other than that of integrated school. The
lease deed also provided that if the Society was desirous of using the said land and
building for any purpose other than that of integrated school, the lesser (DDA) might
allow use of the same for other purpose on such terms and conditions including
payment of additional premium and additional yearly rent as the DDA might
determine. The Council also noted that no such permission from the DDA for use of the
land and building for the proposed B.Ed. course was submitted by the applicant society
and, therefore, the Council decided to defer its decision on that day for legal
examination of the matter.

AND WHEREAS the NCTE vide their letter dated 10-03-2011 asked the institution to
submit NOC from DDA for conducting B.Ed. programme on the premises allotted for
school by the DDA, within two months. The institution vide its letter dated 03-05-2011
requested NCTE for some more time saying that it has already taken up the issue of
‘NOC’ matter with Vice Chairman DDA. Acceding to his request the NCTE vide their
letter dated 14-06-2011 gave another 30 days more time, for producing the ‘NOC’ from
DDA. Further NCTE also informed the institution that if it does not submit ‘NOC’
document issued by DDA, a decision on the appeal of the institution, shall be taken on
the basis of the documents that are available with NCTE. The institution vide their letter
dated 11-07-2011 sought some more time for submission of NOC. The Council
considered the case on 07-10-2011 and noted that the institution was given sufficient
time for furnishing ‘NOC’ from DDA. The institution time and again asking for giving
extension of time limit, for producing NOC, which cannot be acceded to. The Council
further noted that as per the lease deed, using of land allotted by the DDA for an
integrated school cannot be used for teacher training programme (B.Ed.) without the
permission of the DDA. In view of the above, the Council came to the conclusion that
the appeal deserved to be rejected and the order of NRC confirmed.

AND WHEREAS after perusal of documents, memorandum of appeal, affidavit
and after considering all the documents and evidences available on record, the
Council reached the conclusion that there was no ground to accept the appeal and
hence it should be rejected. Accordingly, the appeal is rejected and NRC’s order
dated 16-04-2010 is confirmed.

NOW THEREFORE, the Council hereby confirms the Order appealed against.

(Vikram Sahay)
Convenor

1. The Secretary, DPS Institute of Higher Education (The Delhi Public School Society),
Sector - 3, Village - Matiala, Post - Dwarka, Tehsil - Dwarka, District - South West Delhi,
Delhi - , Delhi
2. The Secretary, Ministry of Human Resource Development, Department of School
Education & Literacy, Shastri Bhawan, New Delhi.
3. Regional Director, Northern Regional Committee, A-46, Shantipath, Tilak Nagar,
Jaipur - 302004, Rajasthan.
4. PS to Chairperson
5. The Secretary, Education (looking after Teacher Education) Government of Delhi,
New Delhi.
F.No.89-264/2010-Appeal
NATIONAL COUNCIL FOR TEACHER EDUCATION
Hans Bhawan, Wing II, 1, Bahadurshah Zafar Marg, New Delhi - 110 002
04/11/2011

O R D E R

WHEREAS the appeal of Jain Bharti Institute of Higher Education, Rohini, Delhi
dated 14/04/2010 is against the Order No. F.NRC/NCTE/F-7/HP-198/141
Meeting/2010/16833 dated 15/02/2010 of the Northern Regional Committee,
withdrawing recognition for conducting B.Ed. course on the ground ”The permission to
run B.Ed. course in the building meant for school has not been obtained from
competent authority.”

AND WHEREAS the Correspondent, Jain Bharti Institute of Higher Education
(hereinafter referred to as the appellant), preferred an appeal dated 15/04/2010 to the
National Council for Teacher Education, New Delhi (hereinafter referred to as the
Council) under Section 18 of the NCTE Act, 1993 against the said Order.

AND WHEREAS Shri. Sanjeev Kumar Jain, Gen. Secretary, Jain Bharti Institute of
Higher Education, Rohini, Delhi presented the case of the appellant institution on
30.04.10. In the appeal and during personal presentation it was submitted that there
were two classrooms of 783.31 sq. ft. each, with furniture and fixtures to accommodate
50 students; that, the appellant was allotted by DDA 4805 sq. mtrs. Of land; that, out of
total built up area of 4000 sq. mtrs., 1500 sq. mtrs block is exclusively meant for B.Ed; and
there is a big library room with 4000 books. The appellant informed the NRC that even
though recognition was granted on 12/11/2003, the I.P. University, Delhi has not yet
given affiliation.

AND WHEREAS the Council noted that on the directions of the Hon’ble High court
of Delhi, NRC caused an inspection of the institution on 17/18-10-2008 and on the basis
of this inspection report NRC issued show cause notice for making a representation by
the institution. NRC after considering the representation of the institution and all other
facts issued the withdrawal order. From the letters of the DDA dated 30/3/2000 and
22/06/2000, the Council observed that the land was leased to Sky Land Educational
Society for construction of a middle school only and for no other purpose. The Council
deferred the decision on the appeal for legal examination of the matter.

AND WHEREAS the NCTE vide letter dated 10-03-2011 asked the institution to
furnish ‘NOC’ from DDA within two months, for running B.Ed. programme on the
land/premises allotted for school. When the institution did not respond, NCTE again vide
letter dated 29-06-2011 reminded the institution for submission of ‘NOC’ within 15 days,
failing which a decision shall be taken on the basis of available documents. Even to this
letter, the institution did not respond and submit any ‘NOC’ from DDA. The Council
again considered the case on 07-10-2011 and noted that the lease deed executed
between the appellant society and the DDA is for construction of a middle school
purpose. Hence the institution was asked to produce ‘NOC’ from DDA for running B.Ed.
programme in the premises of school. Till date the institution did not submit ‘NOC’ from
DDA and also not responded to NCTE’s letters dated 10-03-2011 and 29-06-2011. In view
of the above, the Council came to the conclusion that the appeal deserved to be
rejected and the order of NRC confirmed.

AND WHEREAS after perusal of documents, memorandum of appeal, affidavit
and after considering all the documents and evidences available on record, the
Council reached the conclusion that there was no ground to accept the appeal and
hence it should be rejected. Accordingly, the appeal is rejected and NRC’s order
dated 15-02-2010 is confirmed.

NOW THEREFORE, the Council hereby confirms the Order appealed against.

(Vikram Sahay)
Convenor

1. The Secretary, Jain Bharti Institute of Higher Education, E-Block, Sector-16, Rohini - ,
Delhi
2. The Secretary, Ministry of Human Resource Development, Department of School
Education & Literacy, Shastri Bhawan, New Delhi.
3. Regional Director, Northern Regional Committee, A-46, Shantipath, Tilak Nagar,
Jaipur - 302004, Rajasthan.
4. PS to Chairperson
5. The Secretary, Education (looking after Teacher Education) Government of Delhi,
New Delhi.
F.No.89-75/2011 Appeal/ 6th Meeting-2011
NATIONAL COUNCIL FOR TEACHER EDUCATION
Hans Bhawan, Wing II, 1, Bahadurshah Zafar Marg, New Delhi - 110 002
04/11/2011

O R D E R

WHEREAS the appeal of Al-Ameen-E-Hind Educational & Cultural Society,
Kolhapur, Maharashtra dated 28/02/2011 is against the Order No. F.NO.
MISC/D&D/2011-2012/M.S./73871 dated 17/01/2011 of the Western Regional
Committee, refusing recognition for conducting D.El.Ed course on the grounds “Your
application is rejected on the ground that it has not been electronically submitted
online as essentially required in the said NCTE Regulations, therefore, the application
submitted by you returned herewith in original with all attached documents”.

AND WHEREAS the Correspondent, Al-Ameen-E-Hind Educational & Cultural
Society (hereinafter referred to as the appellant), preferred an appeal dated
03/03/2011 to the National Council for Teacher Education, New Delhi (hereinafter
referred to as the Council) under Section 18 of the NCTE Act, 1993 against the said
Order.

AND WHEREAS Al-Ameen-E-Hind Educational & Cultural Society, Kolhapur,
Maharashtra was asked to present the case of the appellant institution on 31-03-
2011,07-06-2011,18-07-2011 and also on 08-10-2011 by giving a special opportunity. But
nobody appeared before the Council on all the occasions. The Council therefore
decided to dispose the appeal of the institution on the basis of the written
representation made in the appeal alongwith the documents annexed therewith.

AND WHEREAS the appellant in his appeal memorandum submitted that in Clause
5 of the prescribed form of application for conducting new courses in the teacher
education programme (as provided under Section 15 & 15 of the NCTE Act) it is clearly
stated that all the applications which are submitted in hard-copy is to be
accompanied with a fee of Rs. 1,000/- which is not applicable in the cases of
applications which are submitted online. As such the mode of submission of Application
in hard-copy is also recognized as a valid mode for submission by the NCTE; that due to
the unavoidable circumstances the Appellant could not submit the application through
online mode that even otherwise as per Regulation 7(1) of the Regulation of 2009 the
WRC has ample power to permit an institution to cure any omission or deficiency in the
document submitted by the institution within sixty days from the date of communication
of the deficiencies. As such if the WRC was of the opinion that the application of the
Appellant is deficient then it should have exercised the said power but, instead of the
same the WRC rejected the said Application on a technical point causing grave
prejudice to the right of the Appellant Society to start a new course in the College run
by the Society. Therefore, in this circumstance the impugned order so passed by the
WRC is liable to be set aside and the application of the Appellant Society is to be
considered on merits.
AND WHEREAS the Council noted that Clause 5(3) of the NCTE Regulations 2009,
which are applicable, in this case, stipulates that ‘the application may be essentially
submitted electronically through online mode available on the website of NCTE
alongwith the processing fee’. Since the institution did not comply with this mandatory
requirement, the Council was of the view that the application of the institution was
rejected by the WRC for valid reasons and hence there was no ground to accept the
appeal.

AND WHEREAS after perusal of documents, memorandum of appeal, affidavit
and after considering all the documents and evidences available on record, the
Council reached the conclusion that there was no ground to accept the appeal and
hence it should be rejected. Accordingly, the appeal is rejected and WRC’s order
dated 17-01-2011 is confirmed.

NOW THEREFORE, the Council hereby confirms the Order appealed against.

(Vikram Sahay)
Convenor

1. The Secretary, Al-Ameen-E-Hind Educational & Cultural Society, Plot No. 582/7-
13(2126) Street Market Yard, Sankeshwar Road, Village - Gadhinglaj, Post Office
Gadhinglaj, Kolhapur - 416502, Maharashtra
2. The Secretary, Ministry of Human Resource Development, Department of School
Education & Literacy, Shastri Bhawan, New Delhi.
3. Regional Director, Western Regional Committee, Manas Bhawan, Shayamala Hills,
Bhopal - 462002.
4. PS to Chairperson
5. The Secretary, Education (looking after Teacher Education) Government of
Maharashtra, Mumbai.
F.No.89-254/2011 Appeal/6th Meeting-2011
NATIONAL COUNCIL FOR TEACHER EDUCATION
Hans Bhawan, Wing II, 1, Bahadurshah Zafar Marg, New Delhi - 110 002
04/11/2011

O R D E R

WHEREAS the appeal of Asmita Foundation, Jalgaon, Maharashtra dated
27/04/2011 is against the Order No. WRC/NCTE/WRCAPP901/144TH/2011/76122 dated
11/03/2011 of the Western Regional Committee, refusing recognition for conducting
M.Ed course on the ground “Hard copy in triplicate of the online application is not
dispatched within 7 days of the submission of the online application”.

AND WHEREAS the Correspondent, Asmita Foundation (hereinafter referred to as
the appellant), preferred an appeal dated 02/06/2011 to the National Council for
Teacher Education, New Delhi (hereinafter referred to as the Council) under Section 18
of the NCTE Act, 1993 against the said Order.

AND WHEREAS Shri. Durrani Raza Mohd. Khan, Administrative Officer, Asmita
Foundation, Jalgaon, Maharashtra presented the case of the appellant institution on
08-10-2011. In the appeal and during personal presentation it was submitted that their
application was dispatched on 1st October, 2010 whereas they filed online application
on 21st September, 2010. At the same time, their case was considered in 144th meeting
held on 29th - 31st January, after more than 45 days from filing of application; they
should have been given a rational chance for consideration as they submitted all the
relevant documents alongwith the application and just because they were late by 2
days in dispatching the documents, their case should not have been rejected; they are
prepared with instructional and infrastructural facilities for recognition of M.Ed. course;
and the institute has already invested Rs. 50 Lakhs (approx) in the whole process.
Closing down of file, has not only affected their morale but also put a question mark on
utilization of such huge investment.

AND WHEREAS the Council considered the submissions made by the appellant
and came to the conclusion that there was adequate justification in accepting the
appeal and directing the WRC to further process the case on merit as per regulations.

AND WHEREAS after perusal of documents, memorandum of appeal, affidavit
and after considering oral arguments advanced during the hearing, the Council
reached the conclusion that there was adequate ground to accept the appeal and
reverse the WRC’s order dated 11-03-2011 with a direction to the WRC to process the
case further on merit as per Regulations. Accordingly, the appeal is accepted and the
order of WRC dated 11-03-2011 is reversed.
NOW THEREFORE, the Council hereby reverses the Order appealed against.

(Vikram Sahay)
Convenor

1. The Manager, Asmita Foundation, Plot No. 87/2, Street Nanddeep, Jilla Peth, Village-
Swatantra Chowk, PO.- Jalgaon, The/Tal- Jalgaon, City- Jalgaon,, Jalgaon - 425001,
Maharashtra
2. The Secretary, Ministry of Human Resource Development, Department of School
Education & Literacy, Shastri Bhawan, New Delhi.
3. Regional Director, Western Regional Committee, Manas Bhawan, Shayamala Hills,
Bhopal - 462002.
4. PS to Chairperson
5. The Secretary, Education (looking after Teacher Education) Government of
Maharashtra, Mumbai.
F.No.89-253/2011 Appeal/6th Meeting-2011
NATIONAL COUNCIL FOR TEACHER EDUCATION
Hans Bhawan, Wing II, 1, Bahadurshah Zafar Marg, New Delhi - 110 002
04/11/2011

O R D E R

WHEREAS the appeal of Bhim Pratisthan D.M. Thool College, Yavatmal,
Maharashtra dated 02/06/2011 is against the Order No.
WRC/APW05130/1221349(Appeal)(Court case)/147th/2011/77508 dated 12/04/2011 of
the Western Regional Committee, refusing recognition for conducting D.Ed(m)(co-ed)
course on the ground “Land lease deed is not valid as per the NCTE norms”.

AND WHEREAS the Correspondent, Bhim Pratisthan D.M. Thool College (hereinafter
referred to as the appellant), preferred an appeal dated 02/06/2011 to the National
Council for Teacher Education, New Delhi (hereinafter referred to as the Council) under
Section 18 of the NCTE Act, 1993 against the said Order.

AND WHEREAS Shri. Jagdish Ramaji Shhare, Teacher, Bhim Pratisthan D.M. Thool
College, Yavatmal, Maharashtra presented the case of the appellant institution on 08-
10-2011. In the appeal and during personal presentation it was submitted that the
registered lease deed dated 07/12/2010 was filed on record of the WRC which
confirmed the position that the appellant society had taken the premises (building)
alongwith land on lease for 28 years. Hence, WRC was not justified for rejecting the
proposal on the ground as stated in para 1 above; It was further submitted that the
appellant society had informed the visiting team as well as Western Regional
Committee that the society was ready to acquire ownership rights of the land and
premises in question by way of sale deed. The said fact was specifically observed by
the visiting team in its report. Therefore the WRC could not have rejected the proposal
but at the best could have imposed the condition that the society should acquire
ownership rights of the land within stipulated period and submit compliance.

AND WHEREAS the Council noted that a) WRC vide their show cause notice dated
19-09-2008 inter-alia informed the institution that the land was not registered in the
name of the Trust. The institution did not submit any reply in this regard to the WRC. WRC
vide their order dated 14-03-2009 closed the file of the institution in the light of the
public notice issued by NCTE on 02-10-2010, imposing ban for granting recognition for
D.Ed. course in the state of Maharashtra for the session 2009-10. b) Aggrieved by the
decision of the NCTE, the appellant filed W.P. No.1008/2009 before the Hon’ble High
Court of Maharashtra and the Court vide their order dated 11-06-2010 remanded the
matter to NCTE for de-novo consideration for 2010-11. c) In compliance with the Court
directions WRC vide their clarification letter dated 16-11-2010 informed the institution
that the land is not in name of Trust but it is in the name of individual. In reply the
institution submitted a lease deed executed on 07-12-2010 in favour of the institution
and this lease was taken from a private party i.e. Dhyaneshwar Marotrao Thul, which is
not acceptable as per Regulations 2009. The Council also noted that the appellant
alongwith the application submitted a sale deed dated 19-11-2001 and this deed was
in the name of an individual ‘Dhyaneshwar Marotrao Thul’ and hence the land was not
in the name of the Trust/Society as required as per the relevant regulations at that point
of time. The Council, therefore, came to the conclusion that there was no justification in
accepting the appeal and hence it should be rejected.

AND WHEREAS after perusal of documents, memorandum of appeal, VT report,
affidavit and after considering oral arguments advanced during hearing, the Council
reached the conclusion that there was no ground to accept the appeal and hence it
should be rejected. Accordingly, the appeal is rejected and WRC’s order dated 12-04-
2011 is confirmed.

NOW THEREFORE, the Council hereby confirms the Order appealed against.

(Vikram Sahay)
Convenor

1. The Secretary, Bhim Pratisthan D.M. Thool College, Plot No. 83/1, At Sarti Post Loni, TA-
Ralegaon,, Yavatmal - , Maharashtra
2. The Secretary, Ministry of Human Resource Development, Department of School
Education & Literacy, Shastri Bhawan, New Delhi.
3. Regional Director, Western Regional Committee, Manas Bhawan, Shayamala Hills,
Bhopal - 462002.
4. PS to Chairperson
5. The Secretary, Education (looking after Teacher Education) Government of
Maharashtra, Mumbai.