# Sampurnand Sanskrit University, Varanasi through' Its Registrar v. State

- **Citation:** (2005) 2 ILRA 407
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2005-05-10
- **Case number:** Civil Misc. Writ Petition No. 29522 of 2004
- **Bench:** Sunil Ambwani
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/sampurnand-sanskrit-university-varanasi-through-its-registrar-v-state-40464
- **Pages:** 18

## Headnote

National Council Teachers Education Act,
1993-Section 14 (1) whether the course
of
Shiksha
Shashtri
offered
by
Sampurnanad University Varanasi from
the faculty of Education of university and
its affiliated colleges is equivalent to
B.Ed. and are valid qualification?-held-
'yes' upto the year 1995-96 for the year
1996-97 also-in view of the fact the
university had applied but no refusal
communicated-but for 97-98, 1998-99
not valid as the facality of university and
its colleges were not re cognised-again
from the academic year 1999-2000 and
thereafter are valid for the purposes of
pursuing special B.T.C. course.

Held: Para 23 & 24

For the aforesaid reasons, I find that the
course of 'Shiksha Shastri' as equivalent
to B.Ed. officered by Sampurnanand
Sanskrit University, Varanasi, from the
Faculty of Education of the University
408 INDIAN LAW REPORTS ALLAHABAD SERIES [2005
and
its
affiliated
Colleges
is
valid
qualification up to year 1995-96, before
the provisions of NCTE Act of 1993
became applicable and thereafter for
academic
session
1999-2000
when
permission was granted by Northern
Regional Committee, Jaipur for running
the course in the Faculty as well as
affiliated Colleges. The course of study
offered by the Faculty of Education of
the University is also valid for 1996-97,
as it had applied under proviso to
Section 14 (1) and NCTE Act 1993 and no
restrain
order
or
refusal
was
communicated to the University. The
degrees, however, for the academic year
1996-97,
pursued
in
the
affiliated
Colleges of the University and for the
years 1997-98 and 1998-99 both for the
Faculty of Education by the University
and the affiliated Colleges is not valid as
the University and Colleges were not
recognised for these academic sessions.
These qualifications shall not be treated
to be valid for the purposes of pursuing
Special B.T.C. Course 2004 and public
employment.

The
students,
who
have
obtained
'Shiksha
Shastri'
degree
from
the
University and its Colleges upto 1995-96;
from the Faculty of Education of the
University for the year 1996-97, and
from
the
University
and
affiliated
Colleges for 1999-2000 and thereafter
are valid. These students shall be at
liberty
to
make
appropriate
representations to the Director, State
Council of Educational Research and
Training, U.P. Lucknow along with copy
of this judgement and their particulars
which shall be decided in accordance
with
directions
issued
in
these
judgements within four weeks of such
communication.
Case law discussed:
2002 (8) SCC-228
2001 (8) SCC-676
1996 (9) SCC-495
1995 (Supply) 2 SCC 348
(2000) 9 SCC-477
2002 (2) All. M.R. 752
1991 Supp. (i) 287
AIR 1982 SC-933
(1998) 2 SCC-449
1991 (1) AWC-3949
2000 (7) SCC-746
2000 (9) SCC-391
2002 (8) SCC-228
1992 (4) SCC-435
1994 (1) SCC-175

## Text

_Characters 0–39,923 of 49,441. This is a partial read: ask again with offset=39923 for what follows._

2 All] Sampurnand Sanskrit University V. State of U.P. and others

 407
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 10.05.2005

BEFORE
THE HON'BLE SUNIL AMBWANI, J.

Civil Misc. Writ Petition No. 29522 of 2004

Sampurnand Sanskrit University, Varanasi
through' Its Registrar
...Petitioner
Versus
State
of
U.P. through
its Principal
Secretary, Basic Education, Lucknow and
others

 ...Respondents

Connected with
Civil Misc. Writ Petition Nos. 29092 of
2004, 29207 of 2004, 29208 of 2004,
29210 of 2004, 29212 of 2004, 29215 of
2004, 29217 of 2004, 29221 of 2004,
29236 of 2004, 29436 of 2004, 29523 of
2004, 29524 of 2004, 29545 of 2004,
29549 of 2004, 29621of 2004, 29647 of
2004, 29652 of 2004, 29938 of 2004,
29991 of 2004, 30426 of 2004, 30428 of
2004, 30431 of 2004, 30433 of 2004,
30435 of 2004, 30437 of 2004, 30438 of
2004, 30440 of 2004, 30442 of 2004,
30444 of 2004, 30446 of 2004, 30447 of
2004, 30449 of 2004, 30488 of 2004,
31113 of 2004, 31241 of 2004, 31399 of
2004, 31407 of 2004, 31416 of 2004,
31422 of 2004, 31553 of 2004, 31556 of
2004, 31559 of 2004, 31585 of 2004,
31611 of 2004, 31680 of 2004, 31683 of
2004, 31708 of 2004, 31710 of 2004,
31713 of 2004, 31714 of 2004, 31717 of
2004, 31719 of 2004, 31721 of 2004,
31724 of 2004, 31726 of 2004, 31742 of
2004, 31980 of 2004, 31984 of 2004,
32215 of 2004, 32250 of 2004, 32493 of
2004, 32736 of 2004, 33103 of 2004,
33186 of 2004, 33513 of 2004, 33536 of
2004, 33762 of 2004, 33926 of 2004,
33928 of 2004, 33941 of 2004, 34016 of
2004, 34017 of 2004, 34064 of 2004,
34074 of 2004, 34075 of 2004, 34090 of
2004, 34282 of 2004, 34385 of 2004,
35337 of 2004, 33320 of 2004, 36013 of
2004, 36015 of 2004, 35864 of 2004,
35241 of 2004, 37822 of 2004, 40061 of
2004, 42579 of 2004, 40061 of 2004,
42579 of 2004, 42615 of 2004, 32436 of
2004, 43674 of 2004, 43978 of 2004,
44418 of 2004, 47558 of 2004, 47688 of
2004, 47689 of 2004, 47762 of 2004,
48335 of 2004, 49463 of 2004, 49035 of
2004, 49765 of 2004, 50264 of 2004,
50390 of 2004, 503589 of 2004, 52362 of
2004, 52741 of 2004, 52864 of 2004,
53993 of 2004, 54288 of 2004, 4920 of
2004, 33320 of 2004, 7542 of 2004, 8089
of 2004, and 29326 of 2004.

Counsel for the Petitioner:
Sri Anil Tiwari
Sri Manish Goyal

Counsel for the Respondents:
Sri Rajiv Gupta
Sri R.S. Parihar
S.C.

National Council Teachers Education Act,
1993-Section 14 (1) whether the course
of
Shiksha
Shashtri
offered
by
Sampurnanad University Varanasi from
the faculty of Education of university and
its affiliated colleges is equivalent to
B.Ed. and are valid qualification?-held-
'yes' upto the year 1995-96 for the year
1996-97 also-in view of the fact the
university had applied but no refusal
communicated-but for 97-98, 1998-99
not valid as the facality of university and
its colleges were not re cognised-again
from the academic year 1999-2000 and
thereafter are valid for the purposes of
pursuing special B.T.C. course.

Held: Para 23 & 24

For the aforesaid reasons, I find that the
course of 'Shiksha Shastri' as equivalent
to B.Ed. officered by Sampurnanand
Sanskrit University, Varanasi, from the
Faculty of Education of the University
408 INDIAN LAW REPORTS ALLAHABAD SERIES [2005
and
its
affiliated
Colleges
is
valid
qualification up to year 1995-96, before
the provisions of NCTE Act of 1993
became applicable and thereafter for
academic
session
1999-2000
when
permission was granted by Northern
Regional Committee, Jaipur for running
the course in the Faculty as well as
affiliated Colleges. The course of study
offered by the Faculty of Education of
the University is also valid for 1996-97,
as it had applied under proviso to
Section 14 (1) and NCTE Act 1993 and no
restrain
order
or
refusal
was
communicated to the University. The
degrees, however, for the academic year
1996-97,
pursued
in
the
affiliated
Colleges of the University and for the
years 1997-98 and 1998-99 both for the
Faculty of Education by the University
and the affiliated Colleges is not valid as
the University and Colleges were not
recognised for these academic sessions.
These qualifications shall not be treated
to be valid for the purposes of pursuing
Special B.T.C. Course 2004 and public
employment.

The
students,
who
have
obtained
'Shiksha
Shastri'
degree
from
the
University and its Colleges upto 1995-96;
from the Faculty of Education of the
University for the year 1996-97, and
from
the
University
and
affiliated
Colleges for 1999-2000 and thereafter
are valid. These students shall be at
liberty
to
make
appropriate
representations to the Director, State
Council of Educational Research and
Training, U.P. Lucknow along with copy
of this judgement and their particulars
which shall be decided in accordance
with
directions
issued
in
these
judgements within four weeks of such
communication.
Case law discussed:
2002 (8) SCC-228
2001 (8) SCC-676
1996 (9) SCC-495
1995 (Supply) 2 SCC 348
(2000) 9 SCC-477
2002 (2) All. M.R. 752
1991 Supp. (i) 287
AIR 1982 SC-933
(1998) 2 SCC-449
1991 (1) AWC-3949
2000 (7) SCC-746
2000 (9) SCC-391
2002 (8) SCC-228
1992 (4) SCC-435
1994 (1) SCC-175

(Delivered by Hon'ble Sunil Ambwani, J.)

1. The Sampurnanand Sanskrit
University,
Varanasi
(in
short
the
University) and the students who have
been awarded 'Shiksha Shastri' degree by
the University, which is the examining
body, from the Faculty of Education of
the University at Varanasi, and five
affiliated Colleges namely (1) Sri Adarsh
Bharati
Mahavidyalaya
Khetasarai,
Jaunpur, (2) Shrimat Paramhans Sanskrit
Mahavidyalaya Teekar Mafi, Sultanpur,
(3) Shri Sachcha Adhyatma Sanskrit
Maha Vidyalaya, Arai, Allahabad, (4)
Shri Sankirtan Bramhacharya Sanskrit
Mahavidyalaya, Jhunsi, Allahabad, and
(5) Sri Mahaveer Vidyapith Pachhami
Vihar, New Delhi, have filed these writ
petitions with prayers to issue a writ of
mandamus commanding the respondents
to treat their certificates of "Shiksha
Shastri'' as equivalent to B.Ed, for the
purpose of admission to the Special
B.T.C. Course, 2004 designed by the
State Government with the approval of
the
National
Council
of
Teachers'
Education for the purpose of employment
as Assistant Teachers in Basic Schools in
the State of Uttar Pradesh. The University
has also challenged the vires of Section
14 of the National Council of Teachers
Education Act 1993.

2. I have heard Sri Anil Tiwari for
the University; Sri Manish Goel in writ
petition No. 47765/2004 and Sri Jagdish
2 All] Sampurnand Sanskrit University V. State of U.P. and others

 409
Pathak in writ petitions no. 29217/2004,
29236/04, 30444/04 and 30449/04 and
other counsel for the petitioners and Sri
Rajeev Joshi for NCTE and Standing
Counsel for the State respondents.

3. The facts briefly stated giving rise
to this batch of writ petitions are that the
Sampurnanand
Sanskrit
University,
Varanasi is a recognised State University
under the U.P. State Universities Act,
1973. The Statutes of the University are
framed under the provisions of the Act.
The University is conducting 'Shiksha
Shashri' course as teachers' training
course since prior to 1973, after getting
sanction and permission from the State
and
the
Association
of
Indian
Universities, New Delhi. This course is of
one year's duration and is recognised by
the State Government vide its order dated
12.1.1973 as equivalent to B.Ed, and also
by
the
Association
of
the
Indian
Universities, New Delhi vide its order
dated 15.3.1974.

4. The National Council of Teachers'
Education Act 1993 (in short the NCTE
Act 1993) was enacted with reference to
Entry-66 of the list-1 of the VIIth
Schedule appended to Constitution of
India
to
achieve
the
planned
and
coordinated development of teachers'
education
and
for
regulating
and
maintaining proper norms and standards
in the teachers' education. The National
Council
of
Teachers
Education
established under the Act alone is now
competent to lay down the norms,
guidelines and standard to be maintained
by the institutions involved in teachers
education and training. The validity of the
Act was upheld by the Apex Court in
Union of India vs. Shah Goverdhan L.
Kalra Teachers College (2002) 8 SCC
228. The Act received assent of the
President on December 19, 1993 and
came into force on 01.7.1995. The
National Council of Teachers Education
was established on 17.8.1995, which is
the 'appointed day' as defined under
Section 2 (a) of the Act. Section 14 of the
Act provides for recognition of the
institutions offering or intending to offer a
course or training in teachers education.
Sub Section 1 of Section 14, relevant for
the purse of this Act is quoted as below;

"14. Recognition
of
institutions
offering course or training in teacher
education.- (1) Every institution offering
or intending to offer a course or training
in teacher education on or after the
appointed
day,
may,
for
grant
of
recognition under this Act, make an
application to the Regional Committee
concerned in such form and in such
manner as may be determined by
regulations.

Provided that an institution offering a
course or training in teacher education
immediately before the appointed day,
shall be entitled to continue such course
or training for a period of six months, if it
has made an application for recognition
within the said period and until the
disposal of the application by the
Regional Committee."

5. The Regional Committees under
Section 20 (1) (iii) of the Act were
constituted on 6.1.1996. The regulations
prescribing the standard for granting
recognition were made on 29.12.95 and
published
on
24.2.1996,
and
the
institutions offering teachers training
course were required to apply for
recognition upto 1.4.1997. This date was
extended by the Council upto 18.8.1997,
by a notification issued by National
Council of Teachers Education and
410 INDIAN LAW REPORTS ALLAHABAD SERIES [2005
published in National Dailies informing
that more than 90% of the existing
institutions
have
submitted
their
applications
to
NCTC
Regional
Committees during the last three years
and only a small number of institutions
have still not submitted their applications.
The council notified all such institutions
that they may submit their applications in
prescribed proforma along with the
necessary documents under the NCTE
Regulations to the concerned Regional
committees
up
to
31.3.1999.
Any
institutions approaching the Regional
Committees after 31.3.1999 will be
treated as an institution "not existing" on
the appointed day and will be required to
fulfil the requirement as new institutions
under the NCE Regulations including the
applications of a no objection certificate
from the concerned State or Union
Territory Government.

6. The University sent an application
for recognition of its faculty and all the
six affiliated colleges on 24.5.1997. The
Affiliated Colleges on their own did not
submit any application. On 14.10.1997
the University/Institutions were informed
vide letters issued by the Council, not to
admit any students for the session 199798 without recognition/permission of
NRC, NCTE. On 25.8.1998 once again an
information was sent not to admit any
students for academic session 1998-99 as
the institution (Faculty of Education) did
not have the required number of teachers.
On 30.6.1999 the permission for 90 seats
of B. Ed. Course was granted for
academic session 1999-2000 to the
faculty of education. The NRC granted
recognition vide its letter dated 31.7.2000
for annual intake of 90 students in B.Ed.
(Shiksha Shashtri) course for academic
session in 2000-2001. With regard to the
Faculty of Education and the five
affiliated colleges the relevant dates as set
out in the counter affidavit on behalf of
NRC, NCTE Jaipur are detailed as below;

1.
SAMPURNANAND
SANSKRIT
VISHVIDYALAYA, (FACULTY OF
EDUCATION) VARANASI.
Session
Date
Status
of
Recognition
1996-97
24.05.1997
Application for
recognition
received
1997-98
14.10.1997
15.10.1997
The concerned
institution/univ
ersity
were
informed
vide
letters no. F3/UP261/97/5546
not
to
admit
any student for
the
session
1997-98
without
recognition/per
mission
of
NRC,
NCTE,
Jaipur
1998-99
25.8.1998
Institution was
informed
further not to
admit
any
students for the
academic
session
199899
without
recognition/per
mission
of
NRC,
NCTE,
Jaipur.
2 All] Sampurnand Sanskrit University V. State of U.P. and others

 411
Session
Date
Status
of
Recognition
19992000
30.06.1999
Permission for
90
seats
of
B.Ed. Course
granted
for
academic
session
19992000 vide lettr
no.
UP/B.Ed./99/88
22-25
2000-01
31.07.2000
Recognition
granted
vide
letter No. F3/UP128/B.Ed./2000
dated
31.07.2000 for
annul intake of
90 students in
B.Ed. (Shiksha
Shastri) Course
from
the
academic
session
20002001.

2.
SHRI SACHCHA ADHYATMA
SANSKRIT
MAHAVIDYALAYA,
ARAIL, NAINI, ALLAHABAD.

Session
Date
Status
of
Recognition
1996-97

No application
for recognition
was
received
for this session
1997-98
30.12.1997 Application for
recognition was
received
1998-99
04/02/99
Vide letter No.
F-3/13/UP/99/
6052-54,
the
institution was
allotted 50 seats
in B.Ed. With
the
condition
that
the
examination
being
conducted after
completion
of
minimum
190
working days
1999-2000 23.07.1999 Permission for
60
seats
of
B.Ed.
Course
for
academic
session
19992000
was
granted
2000-2001 22.08.2000 Recognition
granted
vide
letter No. F3/UP128/B.Ed./2000
/9806-13
for
annul intake of
60 students in
B.Ed. (Shiksha
Shastri) Course
from
the
academic
session
20002001.

3.
ADARSH
BHARTI
MAHAVIDYALAYA, KHETASARAI,
JAUNPUR
Session
Date
Status
of
Recognition
1996-97

No application
for recognition
412 INDIAN LAW REPORTS ALLAHABAD SERIES [2005
Session
Date
Status
of
Recognition
was
received
for this session
1997-98
30.12.1997

04.11.1997
Application for
recognition was
received

Letter no. F3/UP266/97/6227-28
was issued to
the
institution
for
not
admitting
any
students in the
academic
session
199798
1998-1999 14.12.1998 Vide letter No.
F3/UP/266/98/51
24,
the
institution was
informed
in
case
one
teacher
is
appointed than
permission for
60 seats for the
academic
session
199899
in
B.Ed.
Course
be
granted but the
permission was
not given as the
institute failed
to
fulfil
the
condition
1999-2000 27.07.1999 Permission for
60
seats
of
B.Ed.
Course
Session
Date
Status
of
Recognition
1997-98
30.12.1997

04.11.1997
Application for
recognition was
received

Letter no. F3/UP266/97/6227-28
was issued to
the
institution
for
not
admitting
any
students in the
academic
session
199798
1998-1999 14.12.1998 Vide letter No.
F3/UP/266/98/51
24,
the
institution was
informed
in
case
one
teacher
is
appointed than
permission for
60 seats for the
academic
session
199899
in
B.Ed.
Course
be
granted but the
permission was
not given as the
institute failed
to
fulfil
the
condition
1999-2000 27.07.1999
2 All] Sampurnand Sanskrit University V. State of U.P. and others

 413
Session
Date
Status
of
Recognition
for
academic
session
19992000
was
granted
vide
letter no. F-Seat
992000/UP/B.Ed./
9313-21
2000-2001 24.7.2000
Recognition
granted
vide
letter No. F3/UP7/B.Ed./2000/4
230-37
for
annul intake of
60 students in
B.Ed. (Shiksha
Shastri) Course
from
the
academic
session
20002001.

4.
SHRI
SANKIRTAN
BRAHAMACHARYA
ASHRAM
SANSKRIT
MAHAVIDYALAYA,
JHUNSI, ALLAHABAD

Session
Date
Status
of
Recognition
1996-97

No application
for recognition
was
received
for this session
Session
Date
Status
of
Recognition
2000-2001 24.7.2000
Recognition
granted
vide
letter No. F3/UP7/B.Ed./2000/4
230-37
for
annul intake of
60 students in
B.Ed. (Shiksha
Shastri) Course
from
the
academic
session
20002001.

4.
SHRI
SANKIRTAN
BRAHAMACHARYA
ASHRAM
SANSKRIT
MAHAVIDYALAYA,
JHUNSI, ALLAHABAD

Session
Date
Status
of
Recognition
1996-97

No application
for recognition
was
received
for this session
414 INDIAN LAW REPORTS ALLAHABAD SERIES [2005
Session
Date
Status
of
Recognition
1997-98
29.09.1997

05.11.1997
Application
for recognition
was received

Letter No. F3/UP265/97/6248
was issued to
the institution
for
not
admitting any
students in the
academic
session 199798
1998-1999
No permission
was granted to
institution
to
run
B.Ed.
Course
for
academic
session 199899.
1999-2000

09/08/99

Permission for
60
seats
of
B.Ed. Course
for
academic
session 19992000
was
granted
vide
letter No. F3/UP/265/99/9
925-9927

Session
Date
Status
of
Recognition
2000-2001 24.07.2000
Recognition
granted
vide
letter No. F3/UP128/B.Ed./200
0/9806-13 for
annul intake of
60 students in
B.Ed. (Shiksha
Shastri)
Course
from
the
academic
session 20002001.

5.
SHRI SHRIMAT PARAMHANS
SANSKRIT
MAHAVIDYALAYA,
TIKARMATI,
AMETHI,
SULTANPUR (UP)

Session
Date
Status
of
Recognition
1996-97

No application
for recognition
was
received
for this session
1997-98
14.08.1997

23.08.1997
Application for
recognition was
received

Letter No. F3/UP247/97/3490-91
was issued to
the
institution
for
not
admitting
any
students in the
academic
session
199798
2 All] Sampurnand Sanskrit University V. State of U.P. and others

 415
Session
Date
Status
of
Recognition
1998-99

The institution
was
not
permitted to run
B.Ed.
Course
for
academic
session
199899.
19992000

07.07.1999

Permission for
60
seats
of
B.Ed.
Course
for
academic
session
19992000
was
granted
vide
letter
No.
NRC/Seat
92000/B.Ed./UP/
99/8943-49

2000-01
24.07.2000
Recognition
granted
vide
letter No. F3/UP116/B.Ed./2000
/3946-3971 for
60 seats of B.
Ed.
(Shiksha
Shastri) Course
from
the
academic
session
20002001.

6.
SHRI
MAHAVEER
VISHWA
VIDYAPEETH, PASCHIM VIHAR,
NEW DELHI
Session Date
Status
of
Recognition
1996-97
No application for
recognition
was
Session Date
Status
of
Recognition
received
for
this
session
1997-98 29.11.97

11.12.97
Application
for
recognition
was
received

Letter No. F-3/DL68/97/6947
was
issued
to
the
institution for not
admitting
any
students
in
the
academic
session
1997-98
1998-99
Institution was not
permitted to run B.
Ed.
Course
for
academic
session
1998-99.
19992000

24.08.99

Permission for 60
seats
of
B.Ed.
Course for academic
session
1999-2000
was
granted
vide
letter No. F-3/DL67/99/12059-10262

2000-01 31.07.20
00
Recognition granted
vide letter No. F3/dh11/B.Ed./2000/524451 for 60 seats of
B.Ed.
(Shiksha
Shastri) Course from
the academic session
2000-2001.

7. It is agreed between the parties
that there is no dispute with regard to the
recognition of the course both for the
416 INDIAN LAW REPORTS ALLAHABAD SERIES [2005
Faculty of Education and the five
Affiliated Colleges for the academic
session 1995-96 as the session had started
before 17.8.1995 when NCTC was
established and for the academic year
1999-2000
when
NCTC
granted
permission for the number of students
detailed in the counter affidavit and set
out above. For the year 2000-2001 the
recognition was granted by NRC, NCTE,
Jaipur to the Faculty of Education of the
University as well as all the six Affiliated
Colleges. The dispute as such is confined
only to the academic sessions 1996-1997,
1997-98, 1998-99 when it is admitted that
the NRC, NCTE, Jaipur neither gave
permission nor recognition for the course.
The counsels for the petitioners have also
raised a dispute with regard to dates of
application for recognition given to the
Faculty of Education, Varanasi and the
affiliated Colleges and the consequences
thereof under the proviso to Section 14
(1) of the NCTE Act, 1993.

8. Sri Anil Tiwari appearing for the
University submits that the expression
'Institution' and the 'University' have been
defined under Section (e) and (m) of
Section 2 of the NCTE Act. An institution
under section 2 (e) means an institution
which offers course or training in
teachers'
education.
The
'examining
body' under Section 2 (d) means a
university agency or authority to which an
institution is affiliated for conducting
examinations
in
teachers'
education
qualification and the 'University' under
Section 2 (m) means university defines in
Clause (f) of Section 2 of the University
Grants Commission Act 1956 (in short,
the UGC Act 1956) and includes an
institution deemed to be university under
Section 3 of the Act. The University
under Section 2 (f) of the UGC Act 1956
means a university established and
incorporated
under
a
Central
Act,
Provincial Act or a State Act and includes
any
such
institution
as
may
in
consultation
with
the
University
concerned
be
recognised
by
the
Commission in accordance with the
regulations made in this behalf under the
Act. Whereas the University Grants
Commission Act 1956 has been enacted
to make provisions for coordination and
determination
of
standards
for
the
universities and for that purpose to
establish
the
University
Grants
Commission,
the
National
Teachers'
Education Act 1993 has been enacted to
provide for establishment of National
Council Teachers Education with a view
to
achieve,
plan
and
coordinate
development for the teacher education
system through out the country, the
regulation and proper maintenance of
norms and standards in the teacher
education
system
and
for
matters
connected therewith. He submits that
Section 14 of the Act providing for
recognition of the institution offering
course and training in teachers education
provide for recognition of institutions and
not university. Where the university is
running teachers education course by its
department and unit which is adjunct to
the university itself. Both these acts
operate in the same field and have been
enacted with reference to same entries in
the union list and on the concurrent list.
The language adopted in the enactment
makes it absolutely clear that the
University which is an examining body
and maintains its own standard is not
required to seek recognition for offering a
course and training in teachers' education.
He
has
relied
upon
Bharthidasan
University and another vs. All India
Council for Technical Education and
2 All] Sampurnand Sanskrit University V. State of U.P. and others

 417
others (2001) 8 SCC 676, in which the
Supreme Court was considering AICTE
Act which is pari materia with NCTE Act.
Section 10 of the AICTE Act makes it
clear that whenever the Act refer a
University the same has been specifically
provided in the provision of the Act. The
definition of technical institution cannot
include a University. There is a clear
intention of the legislature that an
institution whether university or otherwise
is to be treated as technical institutions by
the Act and thus the power to grant
approval for starting new technical
institution and for introduction of new
course or programme does not cover
university but only technical institution.

9. Sri Anil Tiwari further submits
that so far as five affiliated Colleges are
concerned the university had initially
made
an
application
for
granting
recognition
to
these
colleges
on
15.5.1997. This application according to
him should be treated under the proviso to
Section 14 (1) of the Act and thus the
University and the institutions were
entitled to continue with the courses of
teachers' education. The 'Shiksha Shashti'
course was recognised by University
Grants Commission Act 1956 and was
included at Serial No. 38 of the Schedule
under Section 22 (3) of the Act. The
Council made an advertisement providing
a last date for making application for
recognition
upto
31.3.1999.
The
University as well as all affiliated colleges
had made their applications for their
recognition upto November, 1997 and
thus they could pursue the courses. Each
of the colleges was affiliated to the
university and was maintaining standards
for running the teachers training classes
fixed by the university which is an old
and
established
institution.
The
permission granted for the academic
session 1999-2000 and the recognition
granted to all the colleges for the year
2000-2001 cured any defect in making
applications and also established that the
colleges had infrastructure and other
standard for teaching and these students in
these colleges who were not at a fault
should
not
be
deprived
of
public
employment and opportunity to take the
special
B.T.C.
course
2004
for
appointment as Assistant Teachers in
Junior High Schools run by the Basic
Education Board in U.P. He has also
relied upon judgement in J.N. Gantara
vs. Morvi Municipality 1996 9 SCC 495
in
submitting
that
where
statute
prescribing the manner in which powers
has to be exercised the power must be
exercised in that manner alone for the
proposition
that
until
Regional
Committees were constituted and the
guidelines were framed, the application
for
recognition
had
no
meaning
whatsoever and that the proviso to Section
14 (1) to that extent should be read down
to extend the dates until regulations were
framed by the Council for granting
recognition. He has also relied upon
judgement in P. Kashi Lingan vs. P.S.G.
College of Technology 1995 Supp. 2
SCC 348; Dental Council of India vs.
Subharti K.K.V. Charitable Trust and
others (2000) 9 SCC 477 and Ambika
Shikshan Sansthan vs. Vice Chancellor
2002 (2) ALL. M.R. 752 (Nagpur Bench
of Bombay High Court) holding that the
provisions of NCTE Act 1993, will
become applicable to institution only after
regulations were framed in 1998 and that
the earlier general regulations of 1995
will not apply to educational programme
and technical education.
418 INDIAN LAW REPORTS ALLAHABAD SERIES [2005
10. Sri Manish Goel appearing for
Hemlata Gaur with degree in Shiksha
Shashtri (B.Ed.) in the year 1998-99 from
the
Faculty
of
Education
of
Sampurnanand
Sanskrit
University,
Varanasi submits that it is not necessary
in the University to obtain recognition
under the NCTE Act 1993, which has
same purpose to achieve. The scheme of
NCTE Act 1993 discloses that the
University is a separate entity from the
institutions. It has a role of the examining
body. The Institutions are affiliated to a
University. Where the university is itself
imparting teachers' education, it could not
be treated to be an affiliated institutions.
The scheme of the Act does not provide
any University running teachers' training
courses to obtain recognition. So far
B.Ed. is concerned the conditions of
recognition were extended under the
regulations for distance education. There
are different norms and standard of
institutions offering B.Ed. course and
institution
offering
correspondence
education and open and distance learning
education. the Shiksha Shashtri (B.Ed.) by
the Faculty of the University is duly
recognised by the U.G.C. Act 1956. The
petitioner as such cannot be denied public
employment and that the provisions of
Section 17 (4) of NCTE Act 1993 do not
come into play in the matter where the
degree has been awarded from the
University.
He
has
relied
upon
judgements
in
Dr.
Arun
Kumar
Agarwal vs. State of Bihar 1991 Supp 1
SCC 287 where the Supreme Court held
that recognition of the course started by
the University with the consent of
Medical Council of India and the degree
recognised by the State has to be
considered for appointment to the post
under the State Government and Dr. B.L.
Asawa vs. State of Rajasthan AIR 1982
SC
933,
Bhartiya
Homoeopathic
College Bharatpur vs. Students Council
of
Homoeopathic
Medical
College
Jaipur (1998) 2 SCC 449. He has also
pleaded the case of students who were
taking education in a University in a
course which was recognised both the the
UGC Act 1956 and the State Government
and has invoked equity in that favour of
petitioners for public employment.

11. Sri Jagdish Pathak appearing for
students
of
the
Affiliated
Colleges
submits that NCTE Act 1993 does not
have power to de recognise the degree of
B.Ed. (Shisha Shashtri) awarded by
Sampurnanand Sanskrit University and its
Affiliated Colleges. Any order/conditions
regarding withdrawal /refusal to grant
recognition has to be passed by Regional
Committee and is to be published in the
official gazette under Rule 17 (2) (b) of
the NCTE Act 1993 and should be
published in official gazette for general
information. Since no such information
was published, the students cannot be
faulted in taking admission in these
colleges and pursuing the course. It is the
NCTE which is responsible for not
warning the students by publishing the
refusal of recognition in official gazette.
The innocent students, who has passed the
entrance test deposited fees and have
obtained the degrees after the examination
from
old
and
reputed
university
recognised by the UGC, and the State
Government, should not be allowed to
suffer. He has relied upon judgements in
Kr. Rohini Singh vs. Visitor B.H.U.
Presidents of India and others 1991 (1)
AWC 3989; Maharishi Dayanand
University
vs.
M.L.R.
Saraswati
College of Education 2002 (7) SCC 746;
State of U.P. and others vs. Ring
Singhal 2000 (9) SCC 391.
2 All] Sampurnand Sanskrit University V. State of U.P. and others

 419
12. The validity of the Act has been
upheld in Union of India vs. Shah
Goverdhan L. Kalra 2002 (8) SCCC
228.
The
questions
arising
for
consideration in this writ petition are
whether the University under the scheme
of the NCTE Act 1993, is a separate
entity from the Institutions as defined
under the Act, and is not required to
obtain recognition from the Regional
Committee in pursuing the teachers
training courses in the department or unit
of the university and further whether the
colleges
affiliated
to
the university
defaulted in applying for recognition and
therefore the degrees awarded by them in
the year 1996-1997, 1997-98, 1998-99 are
valid qualifications in teachers' training
course for public employment. Lastly the
court has been called upon to adjust
equities for the students who had pursued
the course recognised by the UGC Act
1956 as these colleges had defaulted in
making
applications
for
recognition
before the prescribed dates.

13. Sri Rajeev Joshi appearing for
National Council of Teachers' Education
submits that the University is not a
separate entity than the Institutions as
defined under the NCTE Act of 1993. He
submits that the NCTE Act 1993 even if
covers the same field has been enacted
subsequent to UGC Act 1956 and
operates in a well defined area namely the
teachers training and thus even if the
course is recognised by the UGC and the
State Government after enforcement of
NCTE Act 1993, the university was also
required
to
apply
and
to
obtain
recognition in accordance with Section 14
(1) of the NCTE Act 1993. He further
submits that the University and the clause
Affiliated Colleges to university where
restrained from admitting students in
1997-98, 1998-99. They were not given
permission to run the courses. The period
of six months under the proviso to Section
14 (1) is applicable to a course for
training in teachers education offered
immediately before the appointed day, i.e.
17.8.1995. The Regional Committees
were established by notification dated
3.11.1995 with immediate effect. It was
published in Official Gazette on 6.1.1996.
The regulations for recognition were
notified on 29.12.1995. In the present
case the University or the colleges did not
apply within six months, from the
appointed day and thus the degrees
awarded to the students contrary to the
provisions of the Statute are not valid.
The permission was granted for the year
1999-2000 and thereafter recognition was
given after satisfaction that the faculty
and the colleges were offering courses in
accordance with the regulations. The
NCTC Act 1993 was enacted with an
object to establish National Council of
Teachers Education with a view to
achieve, plan and coordinate development
of
the
teachers
education
system
throughout the country. The regulations
and proper maintenance of norms and
standards in the teacher education system
and for matters connected thereof. The
NCTE Act 1993 defines the 'examining
body', the 'institution' and the 'university'
under
Section
2
(d)
(e)
and
(n)
respectively. These definitions, however,
are for the purposes of understanding the
expressions used in various provisions of
the Act. The word 'institutions' in Section
14 is not restricted to the institutions other
than University. Section 16 of the Act
provides that notwithstanding anything
contained in any other law for the time
being force no examining body shall on or
after the appointed day (a) grant the
affiliation
whether
provisional
or
420 INDIAN LAW REPORTS ALLAHABAD SERIES [2005
otherwise, to any institution or (b) hold
examination
whether
provisional
or
otherwise for a course or training
conducted by a recognised institutions,
unless the institution concerned has
obtained recognition from the Regional
Committee concerned under Section 14 or
permission for a course or training under
'section 15. This restriction of holding
examination on the affiliating body in a
course of training conducted by the
institution
other
than
recognised
institutions makes it clear that the
University which is affiliating body is not
to allow students to admit in any
examination
unless
the
course
is
recognised.

14. Section 14 (3) of NCTE 1993
requires the Regional Committee after
receiving
an
application
from
the
institution concerned to be satisfied that
such institution has adequate financial
resources,
accommodation,
library,
qualified staff, laboratory and that if
fulfils such other conditions required for
proper functioning of the institutions for a
course of training in teacher education as
may be determined by regulations. These
regulations have to be applied to all the
institutions. If the University running such
a course in its own faculty, department or
unit does not have the requisites as
provided in sub Section (3) (a) of Section
14, it can also be de-recognised by the
Regional Committee.

15. In Bharthidasan University and
others (supra) the issue involved was with
regard to commencement of the course in
technology
such
an
information
technology and management, engineering
and bio-technology etc. The Supreme
Court after examining the provisions of
AICTE Act found that Section 10 (k) does
not cover a University but only technical
institutions and that regulations cannot be
framed in such a manner so as to apply to
Universities and the Act maintained a
complete dichotomy between a University
and a technical institution. In section 2 (h)
of AICTE Act the technical institution is
defined to mean an institution not being a
University,
which
offers
course
of
programmes of technical education and
shall include such other institutions as the
Central Government may in consultation
with the Council by notification in the
official gazette declare as technical
institution. There is no such exclusion of
the University in the definition of the
word 'institution' in NCTE Ac 1993, and
no such dichotomy is maintained between
a University as an examining and
affiliating body and the institutions
affiliated to the university. There is no
such provision in NCTE Act 1993 as in
the AICTE Act, to make inspections of
any department and departments and to
advise UGC for declaring an institution
imparting technology education as a
Deemed University.

16. As discussed above the UGC
Act 1956 in a general Act and that NCTE
Act 1993 was enacted as special Act to
operate in the field of teachers' education.
The NCTE Act 1993 does not envisage
separate standards for financial resources,
accommodation, library, qualified staff,
laboratory
and
curriculum
for
the
Universities and institutions. The power
to make regulations under Section 31 of
the Council do not provide separate
standards in Universities and institutions
in order to achieve the objects of the Act.
The norms, guidelines and standards
under the Guidelines under Section 32 to
be framed by the Council have to be
common to operate in the entire country.
2 All] Sampurnand Sanskrit University V. State of U.P. and others

 421
There is no exemptions or concessions
granted to any regional ethos or objects to
be achieved by Universities in different
parts
of
the
country.
The
norms,
guidelines and standards made by the
Council will supersede any standards
which may have been made by University
Grants Commission or State Government
for teachers education in the University
and
the
institutions.
Any
other
interpretation will defeat the object and
purpose of NCTE Act 1993.

17. The NCTE Act 1993 clearly
visualised that it will take some times in
establishment of Council and Regional
Committees and to prepare guidelines
under Section 32 of the Act. At the same
time it was found necessary to enforce the
provisions of the Act expeditiously, and
thus the institutions offering a course or
training in teachers education were
provided
an
opportunity
to
make
applications for recognition, to apply for
recognition within six months to the
establishment of the regional committees
and to continue with the course until the
disposal of the application. The word
before the appointed day under the
proviso to Section 14(1) refers to courses
for training in teachers education offered
by institutions before that date. It is
defined under Section 2 (a) to mean the
date of establishment of National Council
of Teachers Education i.e. 17.8.1995.
These institutions were required to make
applications to Regional Committees,
which were constituted on 3.11.1995, and
notified on 6.1.1996. The constitution and
notification of regional committee was
within six months of the establishment of
the Council. It is relevant to note here that
the academic session ordinarily begins in
July and continues upto April/May in the
next year. The Council was established on
17.8.1995 and Regional Committees were
established w.e.f. 3.11.1995. Sri Rajeev
Joshi appearing for the Council as such
rightly states that those institutions which
were offering teachers training courses
were entitled to continue with the courses
for the academic session 1995-96. They
however could only continue with the
courses in the next academic session if
they had applied for recognition to the
Regional Committees, which were fully
constituted and were functional from
6.1.1996, unless the application for
recognition was rejected. The university
as well as affiliated Colleges were fully
aware of the provisions of the Act
inasmuch as the University had made an
application for recognition on 15.5.997
i.e. within six months of the date of
establishment
of
the
Regional
Committees.
The
affiliated
Colleges
could, therefore, have pursued their
courses
only
after
application
and
thereafter
until
disposal
of
their
applications.

18. There is no such provision in the
Act or any Regulations permitting a single
application to be made by the University
for recognition of the teachers training
course of the Faculty of the university and
all the affiliated Colleges. The application
by the University did not give details of
the infrastructure and number of seats and
teachers in each of its affiliated Colleges.
This application, therefore, was not valid
for the affiliated Colleges. At best it could
be treated as valid for the Faculty of
Education in the university.

19. I find that these affiliated
Colleges did not make any application
within the period prescribed in the proviso
to section 14 (1) of the NCTE Act 1993,
and further these affiliated Colleges,
422 INDIAN LAW REPORTS ALLAHABAD SERIES [2005
which have their own managements have
not approached this court for seeking
relief either for themselves or for its
students. These institutions were clearly
informed by the NRC, NCTE Jaipur not
to admit any students in the year 1997-98,
1998-99.