F.No /2010-Appeal NATIONAL COUNCIL FOR TEACHER EDUCATION Hans Bhawan, Wing II, 1, Bahadurshah Zafar Marg, New Delhi /01/2011

Transcription

1 F.No /2010-Appeal NATIONAL COUNCIL FOR TEACHER EDUCATION Hans Bhawan, Wing II, 1, Bahadurshah Zafar Marg, New Delhi /01/2011 O R D E R WHEREAS the appeal of Shri Mahavir Singh Bahuuddesiya Mahavidyalaya, Mainpuri, Uttar Pradesh dated 15/07/2010 is against the Order No. NRC/NCTE/F-3/NRCAPP422/159 Meeting/2010 dated 17/05/2010 of the Northern Regional Committee, refusing recognition for conducting D.El.Ed. course on the grounds that Registered land document is not certified. 2) CLU is not notarised. AND WHEREAS the Correspondent, Shri Mahavir Singh Bahuuddesiya Mahavidyalaya (hereinafter referred to as the appellant), preferred an appeal dated 16/07/2010 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 the appeal of the institution was heard on The Council vide order dated rejected the appeal and confirmed the refusal order of NRC dated on the grounds that in response to the deficiency letter of NRC dated , the appellant inter-alia submitted on , a certified copy of land document obtained in January, 2010 and a copy of CLU issued on as according to the provisions of the NCTE regulations, 2009, a certified copy of the registered land document and a notarized copy of the CLU issued by the competent authority were to be submitted with the application and these requirements had not been fulfilled by the appellant. AND WHEREAS aggrieved by the decision of the Council the institution filed a writ petition C.No of 2010 before the Hon ble High Court of Allahabad and the Hon ble High Court vide order dated disposed of the petition and quashed the orders of NRC, NCTE and the orders of Appellate Authority and remanded back the matter to Appellate Authority to pass appropriate orders after affording opportunity to petitioner on the basis of relevant record within a period of six weeks by reasoned and speaking order from the date of production of certified copy of this order. The appellant submitted certified copy of the Court order on

2 In compliance with the directions of the Hon ble High Court the case was listed for hearing on AND WHEREAS Shri V.P Singh, Clerk and Shri Prabhat Yadav presented the case of the appellant institution on In the appeal and during personal presentation it was submitted that in response to the deficiency letter dated , the institution submitted all the relevant documents, including certified copy of the registered land documents and CLU, vide their letter dated Despite submission of these documents NRC vide order dated refused recognition and further the Appellate Authority vide order dated rejected the appeal and confirmed the NRC s order refusing recognition to the institution. the Council noted that clause 7(1-A) of the NCTE regulations, 2009, which are applicable in this case, stipulate that application submitted on line but not followed by dispatch, through registered post or by hand with seven documents including certified copy of registered land documents issued by the competent authority and notarized copy of Change of Land Use certificate (CLU) issued by competent authority, within seven days shall be considered as incomplete and shall be summarily rejected with the reasons recorded in writing. The appellant alongwith the hard copy of the application submitted self attested copy of the land document only and he did not submit CLU i.e. change of land use certificate. It further noted that the appellant submitted an application to the SDM office on for obtaining change of land use certificate and SDM office Jaunpur on issued CLU stating that Hect. of land may be used for non agricultural purpose. Thereafter the appellant on submitted to the NRC change of land use certificate dated and certified copy of the registered land document issued on by the sub-registrar office. The applicant had applied for change in the land use (CLU) on i.e. much later than the date on which application was submitted and also after the last date of receipt of applications by the NCTE i.e. 31st October, The change in land use (CLU) certificate was given by the SDM on , i.e. much later than the stipulated date under the NCTE regulations It is therefore apparent that the applicant s land was not certified for use of teacher education institutions as on the date of submission of the application. And also the certified copy of the registered land document was obtained from the sub-registrar office only on and that was done much later than submission of application. So the applicant was not having these two documents on the date of submission of the application and, therefore, the institution could not fulfill this mandatory requirement of furnishing certificated copy of registered land document and

3 notarized copy of CLU. the Council was, therefore of the view that there was no ground to accept the appeal and hence it should be rejected. AND WHEREAS after perusal of documents, memorandum of appeal, 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 was rejected and NRC s order dated was confirmed. NOW THEREFORE, the Council hereby confirms the Order appealed against. (S.V.S. Chaudhary) Vice-Chairperson 1. The Secretary, Shri Mahavir Singh Bahuuddesiya Mahavidyalaya, Plot No. 679, Vill- Nagla Banwari, Post- Mainpuri, Tehsil- Mainpuri, Mainpuri , 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, A-46, Shantipath, Tilak Nagar, Jaipur , Rajasthan. 4. PS to Chairperson 5. The Secretary, Education (looking after Teacher Education) Government of Uttar Pradesh, Lucknow.

4 F.No /2010-Appeal NATIONAL COUNCIL FOR TEACHER EDUCATION Hans Bhawan, Wing II, 1, Bahadurshah Zafar Marg, New Delhi /01/2011 O R D E R WHEREAS the appeal of Selaqui Institute of Education Research and Training, Dehradun, Uttaranchal dated 19/05/2010 is against the Order No. NRC/NCTE/F- 7/NRCAPP153/158Meeting/2010/20922 dated 29/04/2010 of the Northern Regional Committee, rejecting its application for recognition for conducting B.Ed course on the grounds 1) The period of the lease is not mentioned in the submitted documents. 2) CLU is not submitted. 3) The submitted building plan does not indicate khasra no./ plot number. 4) The letter no. 1616/19 dated by which the plan was approved has not been submitted. 5) The undertaking by the Management on stamp paper of Rs.100 has not been submitted. AND WHEREAS the Correspondent, Selaqui Institute of Education Research and Training (hereinafter referred to as the appellant), preferred an appeal dated 19/05/2010 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 Prof. J.C. Kapur, Member and Shri. P.C. Sharma, Manager, Selaqui Institute of Education Research and Training, Dehradun, Uttaranchal presented the case of the appellant institution on In the appeal and during personal presentation, it was submitted that the land was allotted by the UP State Industrial Development Corporation Ltd. and the lease deed was executed on The said sale deed was submitted along with original application. clearly shows the deed was for 90 years; a copy of CLU was submitted along with clarification letter dated ; the lease deed submitted with application clearly gives out the plot no. mentioned in the key plan; The letter no. 1616/19 dated by which the plan has been submitted vide our letter dated and that is why the NRC has mentioned in their order dated the letter number as well as date of the approval of the plan. AND WHEREAS the Council noted that the lease deed dated was executed between U.P. State Industrial Development Corporation Ltd and the appellant institution s trust namely the Gurukul Trust and it mentioned acre of land was leased for school purpose for 90 years from The building plan indicated plot `A as per layout plan of educational plots Selaqui, Industrial area and plan has been approved by Special Area Development Authority, Dehradun and in the plan itself the approval letter No. and date has been mentioned. The appellant alongwith the application submitted an affidavit on Rs.100/- stamp paper and also in response to the NRC s deficiency letter; However, the appellant did not forward `CLU document alongwith with his reply letter dated to the NRC. He submitted in appeal that the `CLU issued by the Uttarakhand Govt. on

5 mentioning the land purpose for education. The Council further observed that it was mandatory for the appellant to submit the `CLU document alongwith the other essential documents as per Regulations In this case the land was given on lease to the appellant society for school purpose only. The use of land for education purpose was obtained only on and hence when the institution submitted an application for grant of recognition of B.Ed. course, it was not having Uttarakhand State Govt. approval for using the land for education purpose. In view of this, the Council came to the conclusion that there was no ground to accept the appeal hence it should be rejected. AND WHEREAS after perusal of documents, memorandum of appeal, 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 was rejected and the NRC s order dated was confirmed. NOW THEREFORE, the Council hereby confirms the Order appealed against. (S.V.S. Chaudhary) Vice-Chairperson 1. The Administrator Officer, Selaqui Institute of Education Research and Training, Plot No. C12-C17, D31,D44,D52, Chakrta Road, VPO-Selakul, Tehsil- Vikas Nagar, Dehradun - -, Uttaranchal 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 , Rajasthan. 4. PS to Chairperson 5. The Secretary, Education (looking after Teacher Education) Government of Uttaranchal, Dehradun.