2011 (2) TMI 1623 - SC - Indian Laws

SC Dismisses 1999 Admissions Appeals, Upholds Fee Refunds; Regularizes 2002-2003 Admissions with NCTE Approval.

The SC dismissed the appeals concerning the 1999 admissions, deeming them illegal due to the absence of NCTE recognition at the time, and upheld the HC's ... Recognition by the National Council for Teacher Education (NCTE) - affiliation by the examining/affiliating body - eligibility criteria for admission to teacher education course - invalidity of admissions made prior to NCTE recognition - scope of examining body's discretion to refuse or cancel affiliation despite NCTE recognition - effect of one time administrative relaxations by State/BoardInvalidity of admissions made prior to NCTE recognition - eligibility criteria for admission to teacher education course - Admissions made by the Institute in 1999 (academic session 1999-2001) are illegal and cannot be regularized; students admitted in 1999 who did not fulfil statutory requirements are not entitled to examination/results. - HELD THAT: - The NCTE Act came into force after the appointed day and, by combined reading of Section 14 and other relevant provisions, no institution could offer a teacher education course or admit students after the appointed day without NCTE recognition. The Institute obtained NCTE recognition only on 17.7.2000 for the academic session commencing 2000-2001; therefore admissions made in 1999 preceded recognition and were contrary to the statutory scheme and void. Independent of eligibility/non eligibility detected by the Board, absence of NCTE recognition is decisive and cannot be cured by subsequent administrative or Board action. Humanitarian considerations or unilateral administrative relaxations cannot perpetuate an illegality. The High Court's refusal to regularize the 1999 admissions is upheld and the related appeals are dismissed. [Paras 9, 10, 11]1999 admissions held illegal and not to be regularized; appeals concerning 1999 admissions dismissed.Recognition by the National Council for Teacher Education (NCTE) - affiliation by the examining/affiliating body - effect of one time administrative relaxations by State/Board - Admissions made in 2002 and 2003 are to be regularized and results declared subject to compliance with the Board's eligibility criteria; consequential award of damages by the High Court set aside insofar as these students are concerned. - HELD THAT: - By the time of admissions in 2002 and 2003 the Institute already had NCTE recognition dated 17.7.2000 and the admissions were within permitted intake. Although affiliation and procedural irregularities were in controversy, the students had completed the course and been permitted by the Board to appear in examinations; in the peculiar facts of the case the Court directed regularization of 2002 and 2003 admissions conditional on meeting the Board's eligibility requirements and directed declaration of results. The High Court's direction to pay damages is set aside in respect of these students. The appeals concerning 2002-2003 admissions therefore succeed in this limited manner. [Paras 12, 17, 18, 19]2002 and 2003 admissions regularized subject to Board eligibility; results to be declared; High Court award of damages set aside for these students.Scope of examining body's discretion to refuse or cancel affiliation despite NCTE recognition - affiliation by the examining/affiliating body - NCTE recognition is a condition precedent to affiliation but does not render affiliation an automatic, unreviewable process; the examining body may enforce its own requirements and refuse or cancel affiliation for matters within its domain. - HELD THAT: - Sub section (6) of Section 14 mandates that an examining body, on receipt of NCTE's recognition order, grant affiliation; this means recognition is a precondition and examining bodies cannot re open matters already considered by NCTE (such as adequacy of infrastructure). However, the examining body retains competence to require compliance with its own eligibility and admission procedures and to refuse or cancel affiliation for irregularities within its sphere (for example, violations of manner of admission or eligibility criteria). The Court rejected the submission that affiliation automatically follows recognition without any discretion in the examining body, and construed Section 14(6) accordingly. [Paras 16, 17]Recognition does not make affiliation a mere automatic rubber stamp; examining bodies retain power to insist on and enforce their own requirements and to refuse or cancel affiliation for non compliance.Effect of one time administrative relaxations by State/Board - mootness/infructuousness of claims - Claims for affiliation or allotment of students for academic sessions 2004-2006 and 2005-2007 are academic and infructuous and the related appeals are dismissed as having become moot. - HELD THAT: - No candidates were allotted to the Institute nor did the Institute admit any students for the academic sessions 2004 2006 and 2005 2007; subsequently the Institute obtained affiliation in 2009. Given the lapse of time and absence of any live admission or allotment for those sessions, prayers for affiliation or allotment for those years do not survive and are academic. Notifications concerning constitution of inquiry committees into past irregularities likewise became academic in view of subsequent recognition and later affiliation. [Paras 20, 21, 22]Appeals relating to 2004-2006 and 2005-2007 dismissed as infructuous.Final Conclusion: The Court dismissed the appeals relating to 1999 admissions, regularized the 2002 and 2003 admissions subject to Board eligibility and directed declaration of results (setting aside the High Court's damages order as to those students), held that NCTE recognition is a precondition but does not make affiliation automatic, and dismissed appeals concerning 2004-2006 and 2005-2007 as infructuous. Issues Involved:1. Validity of admissions made in 1999.2. Validity of admissions made in 2002 and 2003.3. Affiliation for academic sessions 2004-2006 and 2005-2007.Summary:1. Validity of Admissions Made in 1999:- Background: The Institute admitted 160 students to the two-year JBT course in 1999 without NCTE recognition, which was granted only on 17.7.2000.- High Court's Decision: Rejected the prayer to regularize admissions and directed the Society and Institute to refund fees and pay Rs. 50,000/- as damages.- Supreme Court's Analysis: - Admission to a course can only be given to eligible candidates as per the regulations of the Examining Body and State Government. - The absence of NCTE recognition in 1999 rendered the admissions illegal and irregular. - The State Government and Board's decision to regularize 68 students cannot be a ground to perpetuate an illegality. - Conclusion: Appeals (CA Nos. 1228 and 1229 of 2011) dismissed. The students admitted in 1999 cannot be permitted to appear for the JBT examination.2. Validity of Admissions Made in 2002 and 2003:- Background: The Institute had NCTE recognition from 17.7.2000 and admitted students within the permitted intake for 2002-2004 and 2003-2005 sessions. The Board permitted students to take the examination, but results were not declared.- High Court's Decision: Denied relief on the ground that admissions without affiliation were illegal.- Supreme Court's Analysis: - Recognition by NCTE does not automatically result in affiliation with the Examining Body. - The Institute proceeded under the mistaken impression that NCTE recognition resulted in automatic affiliation. - Conclusion: Admissions for 2002 and 2003 are regularized subject to fulfilling eligibility criteria. Appeals (CA No. 1227/2011 and 1230-1231/2011) succeed to this extent. The direction to pay Rs. 50,000/- as damages to students admitted in 2002 and 2003 is set aside.3. Affiliation for Academic Sessions 2004-2006 and 2005-2007:- Background: The Institute sought affiliation and direction to the State Government to sponsor students for these sessions.- High Court's Decision: Dismissed the writ petitions.- Supreme Court's Analysis: - No candidates were allotted or admitted for these sessions. - The issue of granting affiliation for these years is academic and does not arise for consideration. - Conclusion: Appeals (CA Nos. 1232-1233/2011) dismissed as infructuous.Conclusion:1. CA No. 1228/2011 and 1229/2011: Dismissed.2. CA No. 1227/2011 and 1230-1231/2011: Disposed of in terms of paras 18 and 19.3. CA Nos. 1232-1233/2011: Dismissed as infructuous.4. Additional Direction: Students admitted in 1999 may seek fresh admission in 2011, with age requirement relaxed and no additional fees charged.