F.No.89-417/2012 Appeal/8th Meeting-2012 NATIONAL COUNCIL FOR TEACHER EDUCATION Hans Bhawan, Wing II, 1, Bahadurshah Zafar Marg, New Delhi - 110 002 24/08/2012 O R D E R WHEREAS the appeal of Murlidhar Ram Narain Education, Lucknow, Uttar Pradesh dated 31/07/2012 is against the Order No. NRC/NCTE/NRCAPP-733/201 MEETING/2012/26168 dated 23/07/2012 of the Northern Regional Committee, refusing recognition for conducting D.El.Ed course on the grounds The institution is required to submit list of faculty duly approved from the affiliating body within one month from the date of issue of letter. 2) Institution must have website as per the provisions of NCTE, Regulations, 2009 AND WHEREAS the Correspondent, Murlidhar Ram Narain Education (hereinafter referred to as the appellant), preferred an appeal dated 31/07/2012 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 aggrieved by the decision of NRC, the appellant approached Hon ble High Court of Allahabad, Lucknow Bench in W.P.No.4357(MS)of 2012 and the Court vide order dated 09-08-2012 disposed of the petition with a direction to the Appellant Authority of NCTE to consider and dispose of the appeal of the petitioner institution, after providing opportunity of hearing to the petitioner institution, if possible, on the dates fixed for hearing of appeals of other institutions i.e. on 16th, 17th and 18th August, 2012, otherwise consider and decide the appeal of the petitioner institution positively by 25th August 2012 so that in case appeal of the petitioner institution is allowed, the petitioner institution may be able to take admission of the students in the current session. In compliance with the Court directions the case was listed for hearing on 18-08-2012. AND WHEREAS Shri. Sarvajit Choubey, Deputy Registrar, Murlidhar Ram Narain Education, Lucknow, Uttar Pradesh presented the case of the appellant institution on 18-08-2012. In the appeal and during personal presentation it was submitted that letter of intent dated 26-12-2011 issued under Clause 7(9) of NCTE Regulations was received by them on 17-01-2012; in compliance of this letter they published an advertisement on 19-01-2012 and completed the selection procedure well in time and submitted the file of selection procedure of teaching & non teaching posts to the appropriate authority for
approval on 13-02-2012. (copy of acknowledgement from Pariksha Niyamak Samiti is attached); further they got NRC s letter no. NCTE/NRCAPP-733/195th Meeting/2011/18959 dated 02/04/2012 asking them to submit few documents within 30 days; in response they posted a letter dated 28-04-2012 (through speed post on 30/04/2012, photocopy of receipt of Post Office attached) along with an affidavit mentioning that list of faculty members and principal of the college was submitted for approval to the concerned authority i.e. "Pariksha Niyamak Samiti, UP, Allahabad on 13/02/2012, but because of Assembly Election and Local Body Election in the State of Uttar Pradesh, `Aachar Sanhita was applied in the State and due to this, approval of the authority was awaited; Two of the teaching faculty members were approved on June 06, 2012 and other three faculty members were approved on July 16, 2012 by "Pariksha Niyamak Samiti" Uttar Pradesh, Allahabad and approval letters were directly sent to the Regional Director, NCTE, Jaipur. (copy of letters enclosed). Now they got approval of authority for all the teaching faculty and Principal on 20/07/2012, (copy of the approval was already sent to the Regional Director, NCTE, Jaipur by concerned authority). The institution established website with an ID- www.mdmeducation.com. The website details were also sent to NRC vide their letter dated 26-04-2012. AND WHEREAS the Council noted that (a)nrc vide their letter dated 26-12- 2011 issued letter of intent prior to grant of recognition under Clause 7(9) of NCTE Regulations. By this letter NRC directed the institution to make appointment of qualified faculty by a duly constituted Selection Committee as per NCTE norms and furnish its compliance within 2 months; (b) when the institution did not furnish any reply to the 7(9) letter, NRC vide their letter dated 02-04-2012 asked the institution to submit list of faculty duly approved by the affiliating body within one month and, further informed that it must have website as per the provisions of NCTE Regulations 2009; (c) the appellant in his reply dated 26-04-2012 informed NRC that approval of the faculty by Pariksha Niyamak Pradhikari, U.P. was awaited/delayed due to `Aachar Sanhita of Election of UP 2012 and the institution has established the website. (The appellant produced receipt for sending the letter dated 26-04-2012 to the NRC by speed post on 30-04- 2012); (d) the affiliating body vide their letters dated 06-06-2012, 16-07-2012 approved the faculty of the institutions, copies of which were endorsed to Regional Director NRC also. AND WHEREAS in view of the above and noting that submission of approved faculty list within the time limit was beyond the control of the appellant, as approval of the faculty was delayed by affiliating body, came to the conclusion that there was adequate justification to remand the case to the NRC for consideration of the faculty approved by the affiliating body and for taking further decision thereafter. The institution is directed to furnish approved faculty profile to the NRC.
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 NRC for consideration of the faculty approved by the affiliating body and for taking further decision thereafter. The institution is directed to furnish approved faculty profile to the NRC. NOW THEREFORE, the Council hereby remands back the case of Murlidhar Ram Narain Education, Lucknow, Uttar Pradesh to the NRC, NCTE, for necessary action as indicated above. (Vikram Sahay) Convenor 1. The Secretary, Murlidhar Ram Narain Education, Plot No. 172, Street/Raod- NA, Village- Mampur Bana, Post Office- Bakshi Ka Talab, Tehsil/Taluka- Bakshi Ka Talab, Town/city- Lucknow,, Lucknow - 226024, 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.89-417/2012 Appeal/8th Meeting-2012 NATIONAL COUNCIL FOR TEACHER EDUCATION Hans Bhawan, Wing II, 1, Bahadurshah Zafar Marg, New Delhi - 110 002 O R D E R 24/08/2012 WHEREAS the appeal of DGM College of Education, Mankawas, Bhiwani, Haryana dated 14-08-2012 is against the Order F.No.NRC/NCTE/HR-1229/201 st meeting Meeting/2012/28026-032 dated 03-08-2012 of the Northern Regional Committee withdrawing recognition for D.Ed. course on the ground that the institution has not submitted reply to the show cause notice dated 14-06-2010 on the following points 1) There is no fire safety system in place. 2) All labs are ill equipped. 3) Only four computers are not enough for all students of D.Ed. 4) The available computers are not in working order. 5) The number of books in the library is not as per NCTE norms for D.Ed. 6) As against 2000 titles of books only 20 titles of books are available in the library. 7) Salary is being paid in cash. 8) PF facility for staff does not exist. 9) There is no balance sheet maintained by the college and it was not made available to the VT members. 10) Salary record was not made available to the VT members. 11) No accession register was available in the library. 12) No journals have been prescribed. 13) Library is not furnished. 14) Walls and floors are not plastered. 15) There are no windows and doors in the classrooms.16) In the Faculty profile, photograph of each appointed Faculty was not there. So VT members could not verify whether the available Faculty was appointed or not. 17) The college website could not be accessed. AND WHEREAS the Correspondent, DGM College of Education, Mankawas, Bhiwani, Haryana (hereinafter referred to as the appellant), preferred an appeal dated 14-08-2012 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 before filing the appeal the appellant filed a writ petition before the Hon ble High Court of Delhi at New Delhi praying that operation of the Order of the NRC dated 03-08-2012 may be stayed or the said order may be quashed. AND WHEREAS alongwith the appeal the appellant submitted a letter dated 18-08-2012 addressed to the Member Secretary. In that letter the appellant submitted that (i) an inspection of the institution was conducted under Section 17 on 09-12-2009 and on that basis the recognition has been withdrawn vide order dated 03-08-2012; and (ii) the show cause notice referred to in the withdrawal order was never received by the institution. In this letter the appellant clarified the position in respect of the pointed out deficiencies in the institution in the following manner. (1) When recognition was granted for the first time there was no fire safety system but it is now available from 2011; (2) All the laboratories are well equipped; (3) Computer lab has 10 computers and all are
working; (4) While 1000 books are required in the library as per NCTE norms 2009, there are 1650 books as per the VT report; (5) Salary is being paid in cash but in future it will be paid through bank; (6) Balance sheet from 2008 to till now is complete; (7) Salary record is being maintained; (8) Accession register is available; (9) Library is well equipped; (10) The walls and floor are plastered from the very beginning; (11) Windows in all the rooms have doors; (12) The photographs of lecturers were not in the profile but the VT had interaction with the staff; and (13) The website of the college www.dgmcollege.org is functioning. He has not given any clarification about PF facility for staff and journals in the library. The appellant enclosed documents and photographs in support of his clarifications. AND WHEREAS The Council noted that an inspection of the institution, which was granted recognition on 18-08-2008, was conducted under Section 17 of the NCTE Act on 09-12-2009 and thereafter NRC issued a show cause notice dated 14-06-2010 pointing out seventeen shortcomings and directing the institution to make representation within 30 days of the issue of the notice. If no representation was received within the stipulated period, the NRC was to take a decision as it deemed fit and proper. The Committee also noted that the NRC received complaints from three students of DGM College of Education, who were also described as ABC students, against this institution and forwarded them to the appellant institution with a letter dated 16-03-2012 seeking for comments within 30 days of issue of that letter. If no comments were received within the stipulated time, NRC was to take a decision as it deemed fit and proper. The Council also noted that the file of the NRC contained a photocopy of an unsigned report of inspection by Director, SCERT, Haryana, Gurgaon on 29-09-2011 on the appellant institution, obtained by one Shri. Rakesh from the Public Information Officer on 01-03- 2012. AND WHEREAS The Council further noted that the NRC taking into account the show cause notice dated 14-06-2010 to which a reply is not found in the records of the institution, and also the report of the Director, SCERT, Haryana, in their meeting held on 12-15 July, 2012 decided to withdraw recognition. The Order of withdrawal of recognition was issued on 03-08-2012. AND WHEREAS from the above position it is seen that the appellant is claiming that he never received the show cause notice dated 14-06-2010 and the shortcomings pointed out in the withdrawal either do not exist or have been removed. No reply of the institution is found either for the show cause notice or to the letter dated 16-03-2012 in which comments on certain complaints were called for. The withdrawal order made reference to the short comings pointed out in the show cause notice only and not to the complaints of the students. AND WHEREAS the Council noted that the NRC did not take timely follow up action when replies to the show cause notice and their subsequent letter dated 16-03- 2012 were not received and issued the withdrawal orders only on 03-08-2012, on the basis of a report of inspection conducted on 29-12-2009 and the show cause notice dated 14-06-2010. The appellant is now claiming non-existence or removal of the
pointed out shortcomings. In the circumstances the Council concluded that in the interests of justice, the matter may be remanded to NRC with a direction to get fresh inspection of the institution conducted on payment of Rs. 40,000/- by the appellant and take further action thereafter. AND WHEREAS after perusal of documents, memorandum of appeal, affidavit, VT report and after considering oral arguments advanced during the hearing, the Committee concluded that there was adequate ground to remand the case to the NRC with a direction to get fresh inspection of the institution conducted on payment of Rs. 40,000/- by the appellant and take further action thereafter. NOW THEREFORE, the Council hereby remands back the case of DGM College of Education, Mankawas, Bhiwani, Haryana to the NRC, NCTE, for necessary action as indicated above. (Vikram Sahay) Convenor 1. The Secretary, DGM College of Education, Mankawas, Bhiwani, Haryana 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 Haryana.