Appeal Order - NCTE

110 Pages·2012·0.29 MB·English

F.No.89-364/2012 Appeal/8th Meeting-2012
NATIONAL COUNCIL FOR TEACHER EDUCATION
Hans Bhawan, Wing II, 1, Bahadurshah Zafar Marg, New Delhi - 110 002
05/09/2012

O R D E R

WHEREAS the appeal of Diganth Teacher Training Institute, Kolar, Karnataka
dated 11/07/2012 is against the Order No. APS06051 (D.Ed)/2216 D.ED(Al)/KA/2012-
13/40443 dated 25/04/2012 of the Southern Regional Committee, withdrawing
recognition for conducting D.Ed course on the grounds “All the deficiencies mentioned
in the show cause notice still exist and the institution has not removed the deficiencies
till date and has not replied to the Show Cause notice also”.

AND WHEREAS the Correspondent, Diganath Teacher Training Institute
(hereinafter referred to as the appellant), preferred an appeal dated 11/07/2012 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 Dr. M. Chandarshekar, Chairman, Diganth Teacher Training
Institute, Kolar, Karnataka presented the case of the appellant institution on 16-08-2012.
In the appeal and during personal presentation it was submitted that (a) the appellant
had been running two D.Ed. institutions in the name of Diganth Teacher Training
Institute, one in English medium and the other in Tamil medium. SRC granted
recognition to these institutions by two separate orders dated 30-11-2004 (code No -
APS022146) and dated 12-04-2007 (code No. APSO 6051). These two institutions were
being run in separate buildings but in the same premises; (b) NCTE Hqrs. caused
inspection of the institution U/s 13 of the NCTE Act on 14-06-2010. The inspection team
was appraised about the infrastructure available with the institution for D.Ed. course in
English medium; (c) SRC issued show cause notice on 07-09-2011 for both the
institutes i.e. English and Tamil medium. A reply to this notice was submitted by the
appellant and produced acknowledgement of SRC for having received it on 03-10-2011.
Despite submission of reply, withdrawal of recognition for both institutions by the SRC is
not justified.

AND WHEREAS the Council taking into consideration the submission made by
the appellant noted that the appellant had furnished reply to the show cause notice on
03-10-2011. However SRC’s file did not contain the reply to the notice. In the
circumstances, the Council concluded that there was adequate justification to remand
the case to SRC to consider the show cause reply dated 03-10-2011 of the institution
and for taking further decision thereafter. The institution is directed to send a copy of the
reply, again to SRC.

AND WHEREAS after perusal of documents, memorandum of appeal, affidavit,
VT report and after considering oral arguments advanced during the hearing, the
Council concluded that there was adequate ground to remand the case to the SRC with
a direction to consider the show cause reply dated 03-10-2011 of the institution and for
taking further decision thereafter. The institution is directed to send a copy of the reply,
again to SRC.

NOW THEREFORE, the Council hereby remands back the case of Diganath
Teacher Training Institute, Kolar, Karnataka to the SRC, NCTE, for necessary
action as indicated above.

(Vikram Sahay)
Convener

1. The Chairman, Diganath Teacher Training Institute, Hanchala Gate, Hudukula
Post, Bangarpet Taluk,, Kolar - 563114, Karnataka
2. The Secretary, Ministry of Human Resource Development, Department of School
Education & Literacy, Shastri Bhawan, New Delhi.
3. Regional Director, Southern Regional Committee, Jnana Bharathi Campus Road,
Nagarabhavi, Opp. National Law School, Bangalore - 560 072.
4. PS to Chairperson
5. The Secretary, Education (looking after Teacher Education) Government of
Karnataka, Bangalore.
F.No.89-255/2012 Appeal/8th Meeting-2012
NATIONAL COUNCIL FOR TEACHER EDUCATION
Hans Bhawan, Wing II, 1, Bahadurshah Zafar Marg, New Delhi - 110 002
05/09/2012

O R D E R

WHEREAS the appeal of Government College of Teacher Education, Kannur,
Kerala dated 18/05/2012 is against the Order No. SRO/NCTE/2009-2010/15816 dated
23/09/2009 of the Southern Regional Committee, refusing recognition for conducting
M.Ed course on the ground “The institution has not submitted Annexure-I, II and III and
also the regular teaching faculty are not appointed for the proposed course”.

AND WHEREAS the Correspondent, Government College of Teacher Education
(hereinafter referred to as the appellant), preferred an appeal dated 21/05/2012 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 Dr. Santhosh Areekkuzhiyil, Asst. Professor, Government
College of Teacher Education, Kannur, Kerala presented the case of the appellant
institution on 16-08-2012. In the appeal and during personal presentation it was
submitted that (a) the college submitted application to SRC, Bangalore for permission to
start M.Ed Course in December 2005. The SRC conducted an inspection on 30-05-
2007 and granted conditional recognition to the institution on 22-06-2007. All the
conditions except the appointment of faculty had been fulfilled at that time; (b)
appointment of faculty for M.Ed programme was made by the Govt. of Kerala on 28th
October, 2011. They informed the matter to the SRC Bangalore, in November, 2011
along with the copy of the appointment order. As per the direction of the SRC the
translated version of the appointment order was also submitted to NCTE; (c) since few
of the faculty members appointed by the Govt. of Kerala had not joined duty, as they
were on FIP and on deputation, the government gave orders to appoint guest faculty
against their vacancies. Accordingly fully qualified guest faculties were appointed ; (d)
meanwhile they received permission from the Govt. of Kerala to admit students for M.
Ed course and the Kannur University in October, 2011, allotted 25 students to the M. Ed
. course, from the common rank list prepared on the basis of entrance examination
conducted by the Kannur University; (e) the first semester examination of the first batch
of M.Ed students was over by April, 2012 and they had been waiting for results. The
Kannur University, demanded the order of unconditional recognition from NCTE for
releasing their results; (f) the college sent several letters to SRC Bangalore, for
issuance of unconditional recognition order. SRC on 02-05-2012 informed them that the
conditional recognition granted to the M. Ed course was already withdrawn on 23-09-
2009 as per Sec. 14(3)(b) of NCTE Act. 1993 , and hence, as per Sec. 18 of NCTE
ACT, they had to prefer appeal to the Council. Thereafter, they submitted online appeal
on 18-05-2012; (g) NCTE, New Delhi, informed them (by letter dated ,18-06-2012) that
their appeal was late by 2 years 5 months and 28days and they were asked to give
reasons for the delay in submission of the appeal within 15 days of the letter. The
reason for delay was due to,‘non appointment of teaching faculty by the Govt. of Kerala
till 28th October, 2011’; (h) this is a college in the government sector, for students from
the weaker and marginalized sections of an educationally backward region of Kerala to
undergo a Post Graduated programme in Education. 99% of the students who got
admission in the present batch are females. Any delay in getting the unconditional
recognition from NCTE would adversely effect the future life of the meritorious students
who ranked top in the entrance examination. The College is also Research Centre in
Education and this research centre cannot exist without a post graduate department.

AND WHEREAS the Council noted that (a) SRC vide their letter dated 22-06-
2007 granted conditional recognition informing the institution to make the appointment
of the faculty by a duly constituted Selection Committee and submit Annexures I to III as
mentioned therein. It was also mentioned in the said letter that `admission of students
should not be made until unconditional order of recognition is issued by the Southern
Regional Committee, NCTE; (b) SRC vide their letters dated 24-09-2008, 08-04-2009,
25-05-2009, and 02-06-2009 sent reminders for furnishing faculty details. The institution
in their reply letter dated 01-07-2009 requested for extension of time as the Govt. was
taking necessary steps for appointment of staff. Thereafter, SRC issued few reminders
dated 30-07-2009 and 25-08-2009 for compliance of the conditional letter dated 22-06-
2009 of SRC. When SRC did not receive any reply from the institution, it withdrew
conditional letter and refused recognition to the institution vide order dated 23-09-2009.
The refusal order mentioned about appeal remedy available U/s 18 of the NCTE Act.
Despite this information, the institution vide their letter dated 25-11-2011 referring to the
refusal order, informed SRC that the institution had appointed faculty and admitted
students during the month of November 2011 and requested for issuance of
unconditional letter; (d) SRC, in response, informed the institution that their case had
already been refused.

AND WHEREAS the Council further noted that (a) SRC vide their conditional
letter dated 22-06-2007 asked the institution to appoint faculty and submit the details
thereof and subsequently issued several reminders. When the institution did not furnish
the reply, SRC had rightly refused recognition to the institution vide their order dated 23-
09-2009; (b) the appellant was aware of the refusal order and the appeal remedy
mentioned therein, but he did not prefer any appeal within the stipulated period of 60
days as per Appeal Rules. The reason submitted by the appellant for the delay saying
that there was delay in appointing the faculty by the Govt. and they were pursuing the
matter with the SRC was not acceptable. After refusal of recognition pursuing the matter
with SRC was not desired action; (c) the affiliating body- Kannur University vide their
letter dated 21-10-2011 and 20-03-2011 informed the institution that the University has
no objection to grant affiliation to the M.Ed. course subject to approval of NCTE. In the
light of NCTE’s refusal order and university’s letters, admitting the students in M.Ed.
course is contrary to the provision of NCTE Act and Regulations; (d) the Council further
perused the faculty list submitted by the appellant for M.Ed, course and noted that it had
appointed one professor and four guest lecturers. Hence, the faculty was not appointed
as per NCTE norms. In view of the above, the Council concluded that there was no
justification to accept the appeal.

AND WHEREAS after perusal of the documents, memorandum of appeal,
affidavit, and after considering the oral arguments advanced during the hearing, the
Council concluded that there was no ground to accept the appeal. Accordingly, the
appeal is rejected and SRC order dated 23-09-2009 is confirmed.

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

(Vikram Sahay)
Convener

1. The Principal, Government College of Teacher Education, Thalassery, Kannur,,
Kannur - 670101, Kerala
2. The Secretary, Ministry of Human Resource Development, Department of School
Education & Literacy, Shastri Bhawan, New Delhi.
3. Regional Director, Southern Regional Committee, Jnana Bharathi Campus Road,
Nagarabhavi, Opp. National Law School, Bangalore - 560 072.
4. PS to Chairperson
5. The Secretary, Education (looking after Teacher Education) Government of Kerala,
Thiruvananthapuram.
F.No.89-392/2012 Appeal/8th Meeting-2012
NATIONAL COUNCIL FOR TEACHER EDUCATION
Hans Bhawan, Wing II, 1, Bahadurshah Zafar Marg, New Delhi - 110 002
05/09/2012

O R D E R

WHEREAS the appeal of Krishnapur Teachers Training Institute, Birbhum, West
Bengal dated is against the Order No. ERC/7-111.4.106/11/2010/5276 dated
27/09/2010 of the Eastern Regional Committee, refusing recognition for conducting
B.Ed course on the grounds “The multipurpose hall, built up area is not as per NCTE
Regulations, Further as per VT report the building is under construction”.

AND WHEREAS the Correspondent, Krishnapur Teachers Training Institute
(hereinafter referred to as the appellant), preferred an appeal dated 23/07/2012 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 the above appeal of the institution was not preferred within the
stipulated period of 60 days and it was late by 1year, 7 months and 27 days. NCTE
issued notice dated 01-08-2012 requesting the appellant to appear before the Council
on 16-08-2012 and explain the reasons of delay.

AND WHEREAS Shri. Bibhas Ch. Adhikari, Secretary, Krishnapur Teachers
Training Institute, Birbhum, West Bengal appeared before the Council on 16-08-2012
and explained the reasons of delay stating that (a) inspection of the institution for B.Ed.
course was caused by ERC on 04-06-2010. Letter dated 21-05-2010 was sent by ERC
for clarification of built-up area, for which they submitted the reply also; (b) in the month
of September 2010 they met the then Regional Director ERC for knowing the status of
their application. They were told that a problem was there regarding change of name,
which would be finalized very soon and accordingly information would be provided ; (c)
when they did not get any response from ERC, they wrote to the Chairperson,
NCTE(Hqrs) regarding the problem of changing name and also wrote to the Regional
Director ERC. They did not get response from NCTE; (d) they sent a letter on 06-05-
2012 to ERC for grant of recognition of B.Ed. course and also met personally the
Regional Director, ERC, who told them that their application had been rejected. They
obtained refusal order under RTI Act 2005 and preferred appeal.

AND WHEREAS the Council noted that a) ERC vide their Order dated 27-09-
2010 refused recognition to Krishnapur Teachers Training Institute for B.Ed. course. It
was obvious from the submission made by the appellant that he had been pursuing the
matter with regard to change of name of the institution. In fact, the NCTE Hqrs. did
rectify the name of the institution in the year 2009 itself, vide their corrigendum dated
23-09-2009 (i.e from ‘Krishnapur Primary Teachers Training Institute’ to ‘Krishnapur
Teachers Training Institute’); (b) the appellant sought status of the application under
`RTI’ Act only on 15-06-2012 and in reply he learnt that recognition for B.Ed course was
refused by the ERC vide order dated 27-09-2010. He would have known about status of
the application from NCTE website as Minutes of the meetings of ERC with case wise
decision are hosted on the website. The appellant did not bother to know the status of
its application either from the website or under RTI till June 2012.

AND WHEREAS in view of the above, the Council concluded that the reasons
adduced by the appellant for condonation of 1 year, 7 months and 27 days were not
acceptable and hence it decided not to admit the appeal by condoning the delay.

NOW THEREFORE, the Council hereby decides not to admit the appeal by
condoning the delay.

(Vikram Sahay)
Convener

1. The Secretary, Krishnapur Teachers Training Institute, Village- Krishnapur, PO-
Krishnapur,, Birbhum - 731237, West Bengal
2. The Secretary, Ministry of Human Resource Development, Department of School
Education & Literacy, Shastri Bhawan, New Delhi.
3. Regional Director, Eastern Regional Committee, 15, Neelkanth Nagar, Nayapalli,
Bhubaneshwar - 751 012.
4. PS to Chairperson
5. The Secretary, Education (looking after Teacher Education) Government of West
Bengal, Kolkata.
F.No.89-384/2012 Appeal/8th Meeting-2012
NATIONAL COUNCIL FOR TEACHER EDUCATION
Hans Bhawan, Wing II, 1, Bahadurshah Zafar Marg, New Delhi - 110 002
05/09/2012

O R D E R

WHEREAS the appeal of N.T. Degree College, Jyotiba Phule Nagar, Uttar
Pradesh dated 13/07/2012 is against the Order No. NRC/NCTE/NRCAPP-305/198TH
MEETING/2012/20698 dated 14/05/2012 of the Northern Regional Committee, refusing
recognition for conducting B.Ed course on the ground “ The institution had applied for
B.Ed. course on 29.10.2009. At that time grant of recognition for B.Ed. new course in
UP state was banned and the institution did not submit certificate of Minority institution
issued either by the Govt. of India or State Govt. of UP to declare the institution as
minority institution to determine the eligibility of the institution for further consideration of
the application for B.Ed. course”.

AND WHEREAS the Correspondent, N.T. Degree College (hereinafter referred to
as the appellant), preferred an appeal dated 19/07/2012 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. Yogesh Kumar Boddh, Secretary, N.T. Degree College,
Jyotiba Phule Nagar, Uttar Pradesh presented the case of the appellant institution on
16-08-2012. In the appeal and during personal presentation it was submitted that the
trust & its promoters are under minority category. They are followers of Bodh religion,
certificate to this effect had been issued by the Tehsildar Hasanpur, Distt. J.P. Nagar on
16/02/2012. As per acknowledgement receipt copy of the respondent (125) of the
National population register the promoter Mr. Yogesh Kumar has been shown as Bodh
(Minority). Copy of the family register issued by the Village Panchayat showed Nagli,
another promoter is categorised as Bodh. Further the National Commission for Minority
Education Institutions issued certificate to the applicant institution mentioning that N.T.
Degree College run by Harlal Singh Memorial Educational and Welfare Trust is a
Minority Institution.

AND WHEREAS the Council observed that (a) NCTE vide their Public Notice
dated 28-09-2009 interalia imposed restrictions not to grant recognition to B.Ed. course
for the session 2010-11 in the state of Uttar Pradesh. However, this restriction was not
applicable in case of Minority Educational Institutions established under Article 30 of the
Constitution. (b) It further noted that National Commission for Minority Educational
Institution vide their certificate dated 09-07-2012 declared ‘N.T. Degree College’ as
Minority Institution under Section 2(9) of the National Commission for Minority
Educational Institution Act 2004. This certificate was not available with the institution at
the time of submission of application i.e. on 29-10-2009 and it was issued after the date
of refusal of recognition. As per the public notice of NCTE only Minority institutions were
eligible for submission of application for grant of recognition of B.Ed course in the state
of U.P. The Council, therefore, concluded that there was no ground to accept the
appeal.

AND WHEREAS after perusal of the documents, memorandum of appeal,
affidavit, and after considering the oral arguments advanced during the hearing, the
Council concluded that there was no ground to accept the appeal. Accordingly, the
appeal is rejected and NRC order dated 14-05-2012 is confirmed.

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

(Vikram Sahay)
Convener

1. The Secretary, N.T. Degree College, Plot No. 67, 68, 69, 70, 71, Street No. 1,
Village- Kamanpur (Dhakka), PO- Said Nagli, Tehsil/Taluka- Hasanpur,, Jyotiba
Phule Nagar - 244242, Uttar Pradesh
2. The Secretary, Ministry of Human Resource Development, Department of School
Education & Literacy, Shastri Bhawan, New Delhi.
3. Regional Director, Northern Regional Committee, 20/198, Kaveri Path, Mansarover
Nagar, Near Mansarover Stadium, Mansarover, Jaipur - 302020, Rajasthan.
4. PS to Chairperson
5. The Secretary, Education (looking after Teacher Education) Government of Uttar
Pradesh, Lucknow.
F.No.89-389/2012 Appeal/8th Meeting-2012
NATIONAL COUNCIL FOR TEACHER EDUCATION
Hans Bhawan, Wing II, 1, Bahadurshah Zafar Marg, New Delhi - 110 002

05/09/2012

O R D E R

WHEREAS the appeal of Pradnyalok Adhyapak Vidhyalaya, Yavatmal,
Maharashtra dated 20/07/2012 is against the Order No.
WRC/WRCAPP1905/161ST/2012/90381 dated 16/05/2012 of the Western Regional
Committee, refusing recognition for conducting D.El.Ed course on the ground “The
institution has not replied to the show cause notice”.

AND WHEREAS the Correspondent, Pradnyalok Adhyapak Vidhyalaya
(hereinafter referred to as the appellant), preferred an appeal dated 23/07/2012 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. Ashwaghosh A. Thamke, P.R.O., Pradnyalok Adhyapak
Vidhyalaya, Yavatmal, Maharashtra presented the case of the appellant institution on
16-08-2012. In the appeal and during personal presentation it was submitted that (a)
they replied to the show cause notice by Speed Post vide transaction no. EM471921459
dated 27/01/2012 (The receipt of Indian Post is attached herewith) stating that the
society was in possession of land on ownership basis since 24-08-2006. Copy of 7/12
abstract and land allotment letters were sent alongwith the reply.

AND WHEREAS the Council noted that WRC vide their show cause notice dated
05-01-2012 informed the appellant that the institution was not in possession of land on
ownership basis. The appellant sent his representation by speed post on 27-01-2012,
well within the 30 days time limit given by WRC. However, WRC’s file does not contain
the reply. The Council, therefore, concluded that there was adequate justification to
remand the case to the WRC for consideration of show cause notice reply and for taking
further decision thereafter. The institution is directed to send a copy of reply to show
cause notice again to the WRC.

AND WHEREAS after perusal of documents, memorandum of appeal, affidavit,
and after considering oral arguments advanced during the hearing, the Council