JUDGMENT Rakesh Tiwari, J.
1. Heard learned Counsel for the parties and perused the record.
This petition has been filed for quashing the impugned order dated 4.12.2007 (Annexure 14 to the writ petition) passed by the Regional Committee, National Council for Teachers Education (NCTE), Jaipur (respondent No. 4) and further to struck down Rule 5 of the Rules 2006 declaring the same to be invalid and ultra vires to the provisions of Ordinance 2 of 2006.
2. A further direction in the nature of mandamus commanding the respondents particularly respondent No. 4 has been sought to consider the application for recognition of Post Graduate Diploma in Nursery Education conducted by the Veer Bahadur Singh Purvanchal University, Jaunpur and its affiliated colleges during Session 1993-94 to 1997-98 and recognize the same as a Teachers Training Course for Basic Education.
3. The Executive Council of Veer Bahadur Singh Purvanchal university, Jaunpur (hereinafter referred to as the University) in exercise of power under Section 7 of the U.P. State Universities Act, 1973 (hereinafter referred to as the Act) made an ordinance and resolved to start a new course of Teachers Training Education in the name and style of Post Graduate Diploma in Nursery Education from the Session 1993-94. The aforesaid decision of the University was communicated to the affiliated Degree Colleges where B. Ed. Degree Courses are already running including the Gandhi Degree College, Maltari Azamgarh which is one of the constituent and affiliated Degree College to the University running the B.Ed. Course.)
4. The College applied and was granted permission by the University to run the course up to 1997-98.
4.1 It appears that in the mean-time in the year 1995 the Union of India established a body, i.e., National Council for Teachers Education (NCTE) with the object and intention to improve the teachers' education. The NCTE was also given authority for providing recognition to the teachers' training courses run by the Institution throughout India. Thereafter an Ordinance was also promulgated by the Government of India on 11.9.2006 namely National Council for Teachers Education (NCTE) (Amendment and Validation) Ordinance, 2006 (Ordinance No. 02 of 2006) for the purposes of providing an opportunity to such Institutions which had not obtained recognition of their teacher training courses run by them.
4.2 It appears that the College was running the course of Post Graduate Diploma in Nursery Education from the academic session 1993-94 to 1997-98 which was not recognised by the NCTE for which the College had sent an application dated 2.11.2006 to the Regional Committee of the NCTE. Under the Ordinance 2 of 2006 if the College desired recognition an application along with compensation was required to be submitted before the NCTE which was not done within ten days, i.e., the time prescribed for re-cognition of its course of Post Graduate Diploma in Nursery Education from session 1993-94 up to session 1997-98.
4.3 It appears from the record that the college thereafter made a formal application dated 2.2.2007 under Section 18G of Ordinance 2 of 2006 which was processed by the Regional Committee and was informed by the Regional Director, NCTE that the application of the petitioner has been received and is under process. Thereafter vide letter dated 4.12.2007 the Director of the Regional Committee informed the College that the application for recognition/validation of its degrees for the aforesaid sessions 1993-94 and 1997-98 cannot be considered since the same has been received beyond the prescribed period of limitation of 10 days under the rules as well as the application was not accompanied by compensation as provided under the rules and Ordinance.
5. The petitioner is a student who has undergone the training of Post Graduate Diploma in Nursery Education during the aforesaid period. He has come up in this writ petition challenging the impugned order dated 4.12.2007.
5.1 The Rules framed under Ordinance No. 2 of 2006 have been appended as Annexure 9 to the writ petition. They have been framed by the Central Government in exercise of power conferred by Sub-sections (1) and (2) of Section 31 of the National Council for Teacher Education Act, 1993 (73 of 1993) as amended by the National Council of Teacher Education (Amendment and Validation) Ordinance, 2006 (Ordinance 2 of 2006). Rules 3, 4 and 5 provide for applicability to all matters relating to validation of qualifications in teacher education obtained through certain institutions offering a course or training in teacher education referred to in Section 18B and for holding examination for a course or training in teacher education which may be conducted by the applicant institution and who apply to the Regional Committee of the National Counsel for Teacher Education under Sub-section (2) of Section 18B.
5.2 Section 4 of the Act provides for submission of applications and fee to the effect that every application for recognition under Section 18B shall be made in Form A; that every Institution desirous of getting recognition udder Section 18B shall submit its application in duplicate along with the documents mentioned in the application form and accompanied by a non-refundable fee of thirty thousand rupees; that the fee shall be submitted by way of demand draft drawn on a Nationalised Bank or State Bank of India or a subsidiary thereto payable to the Member-Secretary of the National Council for Teacher Education payable at a place where the office of Regional Committee is located.
5.3 Section 4 further provides for time limit providing that every application referred to in Rule 4 shall be submitted within 10 days from the date of commencement of these rules for each course or training in teacher education along with a demand draft in respect of the fee and compensation, if any, payable under Section 18F; and that the demand drafts referred to in Sub-rules (1) shall be in the name of Member-Secretary of the National Council for Teacher Education, drawn on a Nationalised Bank or State Bank of India or a subsidiary thereto, payable at the place where the office of the Regional Committee is located.
6. From a perusal of the impugned order dated 4.12.2007 passed on the application of the College with regard to validation of degree of Post Graduate Diploma in Nursery Education under Ordinance 2 of 2006 it is apparent that the application of the College has been rejected on the ground that "the application was received on 9.2.2007, i.e., after expiry of the date prescribed in the rules without compensation".
It is thus clear that the application of the petitioner was not considered on two grounds:
(i) It was beyond the limitation provided for submitting the application, AND
(ii) The application was not complete, i.e., it was without proper fee and compensation.
7. It is the institution whose application has been rejected. The institution ought to have moved a fresh application along with proper fee and compensation to NCTC with reasons explaining the delay. The object of the NCTE (Amendment and Validation) Ordinance, 2006 and the rules was to validate the degrees issued by the institutions for the benefit of the teachers who had taken training from such institutions which were not recognised. The rejection of the application would adversely affect the degree of such candidates who have taken degrees from the institution in question. In the circumstances when the petitioner is not aggrieved by the rejection of the application of the institution which was filed beyond time and without appropriate fee or compensation. The petitioner has not even impleaded the Union of India, Ministry of Human Resource Development as a party in the writ petition. There is even no prayer in the petition praying for a direction to the Government to provide/incorporate savings clause where an institution has submitted its application beyond time provided in the Rules.
8. In view of above discussion no cause of action arises. The action of the Regional Director does not appear to be against the provisions of the Ordinance. The petitioner has also not impleaded necessary parties, i.e., Union of India as well as the College The writ petition is accordingly dismissed. No order as to costs.