Minutes of 156th Meeting of NRC held on 22nd to 23rd February, 2010

MINUTES OF 156thMEETING OF NORTHERN REGIONAL COMMITTEE HELD FROM 22ndTO 23rd FEBRUARY, 2010

The 156thmeeting of the Northern Regional Committee (NRC), National Council for Teacher Education (NCTE) was held from 22nd to 23rd February, 2010 at Conference Hall, NRC, NCTE, Jaipur. The following members and convener were present:

Prof. D.N. Sansanwal / Chairperson, NRC-NCTE
Prof. M.P. Sharma / Member, NRC-NCTE
Prof. M.K. Das / Member, NRC-NCTE
Sh. S.P. Anand / Member, NRC-NCTE
Dr. Jagdish Prasad / Representative of State Govt. of Uttrakhand
Dr. Usha Bapna / Representative of State Govt. of Rajasthan
Shri R. S. Barar / Representative of Union Territori of Chandigarh
Dr. K.S.Yadav / Regional Director/Covener,NRC,NCTE

Prof. (Ms) Bharati Bavejaand Dr. F. U. Khan could not attend the meeting.

Dr. K.S.Yadav, Convener/ RD NRC, NCTE welcomed the Hon’ble Chairperson and members of Northern Regional Committee.

With the permission of the Chairperson, Dr. K.S.Yadav, (Convener) presented the Agenda before the Committee. Agenda-wise decisions taken were as follows:-

AGENDA ITEM NO 156.01.00CONFIRMATION OF THE MINUTES OF 155th MEETING OF NRC

S.NO. / AGENDA NO. / CASES / DECISION OF NRC
1 / 1 / The Minutes of 155th Meetingheld on 23RD – 25th January, 2010 have been uploaded on the website of NRC.
ShaheedBhagatSinghMahilaB.Ed.College, Jhotwara Road, Khatipura, Jaipur, Rajasthan, (RJ-669, B.Ed.)
(Shifting of premises case)
REMARKS BY OFFICE:
1. This case was placed inadvertently at two places i.e. Agenda item No. 155.10.00 & 155.13.00 (Consideration of the VTR for shifting of premises & Consideration of the report of VT to verify the claims made by the institution in its SCN reply under section 14(3) (b) of NCTE Act, 1993).
The Committee has taken two different decisions as per following :
1. To withdraw the recognition to B.Ed. course of the institution as per the Minutes Page Nos. 70-71
2. To issue Show Cause Notice as per the Minutes Page No. 59.
Office has issued a Show Cause Notice on 9.2.2010 as per the directions of higher authorities. The institution is to reply within one month, which is awaited.
Submitted for ratification by the Committee. / Minutes are confirmed with the following corrections:
In respect of RJ-669, the decision, namely, “To withdraw the recognition to B.Ed. course” is to be read as “To issue Show Cause Notice”.

AGENDA ITEM NO 156.02.00CONSIDERATION OF APPEAL ORDERS

S.NO. / AGENDA NO. / NAME OF THE INSTITUTION / APPEAL ORDER / APPEAL DECISION / DECISION OF NRC
2 / 1 / Shri Shivdan Singh Smriti College, Iglas, District- Aligarh, U.P. (UP-1835 Course-M.Ed.) / F.No.89-1130/2009-Appeal dated 21.01.2010 / Accept the appeal and set aside NRC’s order dated 24.07.2009 and remand back the case to NRC to examine the staff details enclosed to the institutions letter dated 29.06.2009 and take further necessary action. / As per the decision of appeal committee the letter of Institution dated 29.06.2009 is to be examined for the staff details but it is not available in the file. Thus, the Institute is directed to submit the same for further action.
  • The Institute is directed to submit affidavit on stamp paper of Rs. 100 whether the M.Ed. course is being run or not.
Hence the committee directs the Institute to submit reply on above points within 21 days.
3 / 2 / Institute of Professional Studies, KH-3, Kavi Nagar, Ghaziabad- 201002, U.P.
(UP-2164 Course- B.Ed. ADDL. INTAKE) / F.No.89-963/2009-Appeal dated 06.11.2009 / The appeal was accepted and set aside NRC’s order and remand the case to NRC, for examination of the staff profile so as to ensure that they have been appointed as per NCTE Norms and hereafter pass appropriate order. / As per the direction of Appeal Committee the staff profile was examined and the committee observed the following:
  • The Faculty does not have qualification as per NCTE norms for B.Ed.
Hence the committee decides to refuse recognition to B.Ed. Additional intake Course.
4 / 3 / Mahadev Mahavidyalaya, Vill- Neruvadih, Post- Gahana, Tehsil- Sadar, District- Mau, U.P. (UP-3442 Course-B.Ed.) / F.No.89-1124/2009-Appeal dated 26.11.2009 / The appeal was rejected and NRC’s order dated 12.08.2009 was confirmed. / Decision of appeal committee is noted for further action.
5 / 4 / Janak Raj Mahajan B.Ed. College, Kangra, HP.
(HP-294 Course- B.Ed. Addl.) / F.NO.89-328/ 2009 / APPEAL / DATED 07.08. 2009 / The appeal was accepted and appellant authority vide order No. F.No. 89-328/2009-Appeal/99439 dt 07.08.20009 has reversed the order dt 24.04.2009 passed by NRC / LOI may be issued.
6 / 5 / Guru Bramhanand College Of Education, Vill- Manchuri, Post- Bairsac, Distt- Karnal, Haryana
(HR-1467, Course B.Ed.) / 89-1213/2009 appeal dated 18.11.2009 / Appeal was accepted, set aside NRC’s order dated 23.04.2009 and remanded back the case to NRC with a direction to the institution to submit the reply of Show Cause Notice and NRC may examine the same and also re-scrutinise the VTR, with regard to size of the classroom and thereafter pass appropriate orders. / VT may be sent.
7 / 6 / Asa Ram Aggarwal Education & Research Society (E-Max Institute) Sco 904, Manimajra, Chandigarh
(HR- 1212, Course B.Ed.) / 89-1402/2009- appeal dated 10.02.2010 / The appeal was accepted, set aside the order of NRC dated 23.04.2009 and remanded the case to the NRC for issuance of letter of intent prior to grant of recognition under clause 7(9) of the NCTE Regulations within 15 days of issue this order. / As per appeal committee order, LOI for causing inspection prior to 7(9) may be issued.
8 / 7 / S.D.College Of Education, Vpo- Siwah, Panipat, Haryana
(HR- 1734, Course B.Ed.) / 89-1785/2009- appeal dated 12.02.2010 / The appeal was accepted, set aside the order of NRC dated 23.04.2009 and remanded the case to the NRC for issuance of letter of intent prior to grant of recognition under clause 7(9) of the NCTE Regulations,. / As per appeal committee order, LOI for causing inspection prior to 7(9) may be issued.

AGENDA ITEM NO 156.03.00 CONSIDERATION OF THE COURT CASES

S.NO. / AGENDA NO. / NAME OF THE INSTITUTION AND COURSE / BRIEF OF CASE / DECISION OF NRC
9 / Deepanshu Women’s DegreeCollege, Delhi Road, Saharanpur-247001, U.P. (UP-2485, Course – B.T.C.) / The application of the institution was refused by the NRC in its 140th Meeting of NRC held on 25th – 26th April, 2009. Accordingly an order was issued on 12.11.2009.
The said institution filed a writ petition no. 6282/09 in the Hon’ble High Court of Allahabad, Uttar Pradesh.
The only grievance of the petitioner is that his application for reconsideration for grant of approval for running B.T.C is pending before the Northern Regional Committee, Jaipur of NCTE (National Council for Teacher Education). In this circumstances, it has been prayed that a direction may be issued to Northern Regional Committee to take appropriate decision on the pending application of the petitioner after considering the material placed by the petitioner with said application within a fixed time frame.
Considering. the facts and circumstances of this case, this petition is disposed of with the direction to respondent to pass appropriate orders on the pending matter relating to grant of approval for running B.T.C. Course in accordance with law within a period of three months from the date of production of certified copy of this order. / As per direction of Hon’ble High Court of Allahabad, Allhabad, the case was reconsidered and the committee reaffirmed the earlier decision as communicated to the Institution through letter NRC / NCTE / F-7 / UP-2485 / 140th meeting / 2009 / 12248-254 dated 12 November 2009.
10 / Sukhdeo Prasad Tripathi Mahavidyalaya, VPO – Bhathahin Khurd (Sukhdeo Nagar), Via Faziknagar, Disttt. – Kushinagar, U.P.. (UP-2392, Course – B.Ed. Addl.) / The application of the institution was refused by the NRC in its 155th Meeting of NRC held on 25th – 26th January, 2010. Accordingly an order was issued on 29.01.2010 & Corrigendum was issued on 16.02.2010.
The said institution filed a writ petition no. 51245/09 in the Hon’ble High Court of Allahabad, Uttar Pradesh.
The only grievance of the petitioner is that Pursuant to order of remand passed by the National Council for Teacher Education on the appeal of the petitioner directing Northern Regional Committee to reconsider the matter relating to approval of 100 seats fir Bed. Post in the petitioner’s institution still pending disposal. In the circumstances it has been prayed that a direction be issued commanding respondent no. 5, the Northern Regional Committee to take an early decision.
Considering the facts and circumstances of this case, the petition is disposed of with the direction to respondent no. 5 to pass appropriate orders on the pending matter relating to grant of approval of 100 additional seats in B.Ed. in the petitioner’s institution in accordance with law within a period of three months from the date of production of certified copy of this order.
It is made clear that this court has not adjudicated the claim of the petitioner on merits.
The institution has filed another writ petition no. 6602/2010 in the Hon’ble High Court of Allahabad, Uttar Pradesh received in the NRC, NCTE on 19.02.2010. The order passes by Hon’ble Court dated 08.02.2010 is as follows:-
Committee of Management, Shukdeo Prasad Tripathi Mahavidyalaya Bhathi Khurd, Kushinagar has filed this petition for setting aside the order dated 29th January, 2010 passed by Northern Regional Committee of the National Council for Teacher Education.
A perusal of the impugned order shows that the only ground taken for not granting additional seats in the B.Ed. Additional intake is that the institution was not accredited with National Assessment and Accreditation Council (NAAC) with a letter grade B so as to make it eligible for the additional intake.
Sri P.S. Baghel, learned Senior Counsel assisted by Sri R.C. Dwivedi, appearing for the petitioner has placed reliance upon Regulations 8(4) and 8(5) of the National Council for Teacher Education (Recognition Norms and Procedure) Regulations, 2007 (hereinafter referred to as the ‘Regulations’) and has submitted that in terms of Regulation 8(5) of the Regulations, the institution after the grant of additional sears shall have to be accredited with the NAAC with a Letter grade B before 1st April, 2010 but this fact has not been taken into consideration by the Appellate Authority.
Sri R.A. Akhtar, learned counsel appearing for the respondents states that it may not be necessary to file the counter affidavit and the petition may be disposed of at this stage.
In order to appreciate he contentions advanced by the learned Senior Counsel for the petitioner, it is necessary to reproduce Regulations 8(4) and (5) which are as follows:-
“8(4) An institutions shall be permitted to apply for enhancement of intake in Secondary Teacher Education Programme- B.P.Ed. Programme, if it has accredited itself with the National Assessment and Accreditation Council (NAAC) with a Letter Grade B developed by NAAC.
(5) An institution that has been granted additional intake in B.Ed. and B.P.Ed. teacher training courses after promulgation of the Regulations, 2005 i.e. 13.01.2006 shall have to be accredited itself with the National Assessment and Accreditation Council (NAAC) with a Letter Grade B, under the new grading system developed by NAAC before 1st April, 2010 failing which the additional intake granted shall stand withdrawn w.e.f. from the academic session 2010-2011”.
A perusal of Regulation 8(5) clearly shows that the institution after it has been granted the additional intake is required to get accreditation with NAAC with a Letter Grade B before 1st April, 2010 failing which the additional intake shall stand withdrawn w.e.f. the academic session 2010-11.
In such circumstances, the additional intake could have been granted so that the petitioner- Institution could have obtained accreditation by NAAC before 1st April, 2010 but that was not done.
The order dated 29th January, 2010 passed by respondent No. 2- Regional Director, Northern Regional Committee, therefore, deserves to be set aside. It is, accordingly, set aside. The Northern Regional Committee shall now reconsider the matter on merits in the light of Regulations 8(4) and (5) of the Regulations expeditiously, preferably within a period of three weeks from the date a certified copy of this order is filed by the petitioner institution.
The writ petition is allowed to the extent indicated above. / There is no Faculty to teach Methods of Teaching Biology and English. Hence the committee decides to direct the Institute to remove the above mentioned deficiencies within 90 days.
11 / KisanP.G.College, Baghaw – Ghazipur, U.P. (UP-2241, Course – D.P.Ed.) / The said institution filed a contempt application no. 4453/08 in the Hon’ble High Court of Allahabad, Uttar Pradesh.
Heard the learned counsel for the applicants and Sri R.A. Akhtar, Advocate representing the opposite party.
This court has issued direction on 7.08.2008 on a petition filed by the applicant, directing the opposite party to take a decision on the pending application of the applicant by a speaking and reasoned order strictly in accordance with law within period of two months. When the directions were not complied with this contempt application was filed. Upon issue of notice, a counter affidavit has been filed, along with which is annexed the legal opinion given by the counsel for NCTE, but no decision as directed by this court has been taken by the opposite party.
It was a prima facie case for drawing contempt proceeding after framing of the charges against the opposite party but on the request of Sri R.A. Akhtar that the decision would be taken within a week, the time prayed for is allowed.
List this case on 11.02.2010, On the said date if an affidavit of compliance is not filed annexing the decision taken by opposite party, he shall remain present before this court. / As per NCTE (Amendment & Validation) Ordinance 2006 and direction of Hon’ble High Court of Allahabad, Uttar Pradesh of dated 7.08.2008, the committee decides to validate the D.P.Ed. Certificate of students of 2001 - 2002 academic session of Kisan P.G. College, Baghaw – Ghazipur, U.P.
12 / Krishna College of Education, Khasra No. – 39, 42, Vill – Shahbazpur Khana, Post – Bijnor, U.P. (UP-3313, Course – B.Ed.) / The application of the institution was refused by the NRC in its 141st Meeting of NRC held on 22nd – 24th May, 2009. Accordingly an order was issued on 24.07.2009.
The said institution filed a writ petition no. 56357/09 in the Hon’ble High Court of Allahabad, Uttar Pradesh. As per the decision of Hon’ble High Court the matter was considered by the NRC in its 152nd meeting of NRC held on 23rd – 25th November, 2009 and the committee decided that the As the land is on private lease for thirty years but as per NCTE Regulations Clause 8(7) the land could be either on ownership basis or on lease from Government / Government Institutions for a period of not less than 30 years. Hence, the application for B.Ed. programme cannot be considered.
Accordingly an order was issued on 17.12.2009 to the said institution.
The said institution filed a writ petition no. 2286/10 in the Hon’ble High Court of Allahabad, Uttar Pradesh.
The Hon’ble High Court set aside the NRC decision. The Committee shall now proceed to consider the application submitted by the petitioner for grant of recognition within a period of two months.
The writ petition succeeds and is allowed to the extent indicated above. / As per affidavit submitted by the Institution dated 25 October 2008 & 4 May 2009, the college is in possession of land while as per Khatini submitted; the Krishna Cheritable Trust Society is in possession of land. Thus facts have been missrepresented. Why not legal action be initiated against the Management? Hence the committee decides to direct the Institute to reply within 30 days.
13 / ShaheedBhagatSinghDegreeCollege, Subedar Nagar, Post – Bithoor, Distt. – Kanpur Nagar, U.P. (UP-510, Course – B.Ed.) / A complaint was forwarded by the NCTE Hqtrs, New Delhi to the NRC against the institution. After the complaint inspection U/s 17 of the NCTE Act was conducted on 01.04.2009 and the matter was placed before the NRC in its 139th meeting held on 10th – 12th April, 2009 and the committee decided to issue a Show Cause Notice to the institution and Show Cause Notice was issued on 17.05.2009. The institution submitted its reply on 22.06.2009 and the matte was placed before the NRC in its 153rd Meeting held on 11th – 12th December, 2009 and the NRC decides to Withdraw Recognition of the institution U/;s 17 of the NCTE Act 1993 and Withdrawal order was issued to the institution on 06.01.2010.
The said institution filed a writ petition no 70753/09 in the Hon’ble High Court of Allahabad, Uttar Pradesh.
The learned standing counsel representing the respondent no. 1 Sri R.A. Akhtar, Advocate representing the respondent no. 2 and Sri Neeraj Tiwari, Advocate representing the respondent no. 3 may file counter affidavit within a month. Petitioner will have a week thereafter to file rejoinder affidavit. List this petition in the week commencing 15.02.2010.
Till the next date of listing the effect and operation of the impugned decision taken in the minutes of 153rd Meeting held from 11th – 12th December, 2009 of the respondent no. 2 with regard to the petitioner’s institution only, shall remain stayed. / Hon’ble High Court of Allahabad, Allahabd decision is noted.
14 / R.N.College, Opp. Pandeshwar, Mahadev Mandi, Hastinpur, Meerut, U.P. (UP-1272, 2221, 2220 Course – B.Ed., B.Ed. Addl., & M.Ed.) / The institution filed a writ petition no. 39285/09 in the Hon’ble High Court of Allahabad, Uttar Pradesh.
The learned standing council representing respondent no. 1 Sri R.A. Akhtar Advocate representing respondent no. 2 and Sri Anurag Khanna, Advocate representing respondent no. 3 may file counter affidavit within a month. Petitioner will have two weeks thereafter to file rejoinder affidavit. List in the week commencing 18th January, 2010.
As an interim measure it is provided that the inspection as directed by the National Council for Teacher Education (NCTE) by the impugned minutes / notice shall be carried out and in which the petitioner’s institution shall cooperate and report thereof may be submitted to the committee but no final decision may be taken on the basis of the said inspection report. / As per Hon’ble High Court Allahabad, Allahabad direction, the inspection may be conducted and decision may be kept in abeyance.
15 / 7 / Shakuntla Devi Educational Institute, 88, Adarsh Vihar, Kargi Road,
Dehradun – 248 001, Uttaranchal
UR- 134
Course-B.P.Ed.
UR-135
Course - M.Ed. / The Institution has submitted reply in response to Letter of deficiencies issued on 4.2.2010 as per the directions of Hon’ble High Court of Uttarakhand. The institution has submitted reply to the above letter on 8.2.2010. / As per the reply submitted by the Institution for UR-135 and UR-134received on dated 8 February2010, the following deficiency still exists.
  • The submitted building plan is not approved by competent authority.
Hence, the committee decides to close the file and return FRS if submitted.
16 / 8 / Progressive Teacher Training Institute,
School Land of UIT Bikaner,
Ashok Nagar, Near Devikund Sagar,
Bikaner–334 001, Rajasthan
RJ-2067
Course-STC / 1. The institution has submitted Application on 30.4.2008.
2. The Application has been returned on 9.3.09 in view of the decision of NCTE Hqrs not to grant recognition for B.Ed/STC/Shiksha Shastri Course to any institution in the State of Rajasthan for the academic session 2009-10.
3. The institution has filed a Civil Writ Petition No. 4614/2009 in the Hon’ble High Court of Rajasthan at Jodhpur. The Court in their Order dated 8.1.2010 has directed as follows :
“Without going into the merits of the case, Learned Counsel for the Petitioner has made a request to this court that the petitioner may be granted liberty to submit a representation before the respondents and upon receipt of the same, the respondents be directed to consider and decide the same within a period of fifteen days from the date of submission of the representation by the petitioner. He has also requested that so far as cut off date declared by the respondents is concerned, the same shall not come in the way while deciding the representation of the petitioner.
Learned counsel for the respondents has strongly opposed the submissions advanced by the leaned counsel for the petitioner.
Considering the averments advanced by the learned counsel for the respective parties, I dispose of this writ petition as prayed by the petitioner’s counsel, mentioned herein above”.
The institution has submitted representation on 8.2.2010. / As per direction ofHon’ble High Court of Rajasthan at Jodhpur the file was and the following are the observations of the committee:
  • The built up area for the proposed STC programme has not been earmarked in the building plan submitted by the Institution.
  • FDR of Rs. 3 lakh has not been submitted in original.
The committee directs the Institute to remove above mentioned deficiencies within 30 days.
17 / 9 / All courses in respect of 21 institutions mentioned in the next column / Consequent upon the stay order in WP 9702, 9703, 9705, 9741, 9765, 9766/2009 by the Hon’ble High Court of Delhi filed by the following institutions the decision of the NRC to withdraw the recognition will be held up /where such decision has already been communicated the same has been kept in abeyance.
  1. ShantiNiketanCollege Of Education, Agorha Mor Hisar, Haryana
  2. SaraswatiCollege Of Education, Tosham Road, Vill- Mangali, Brahmana, Hisar, Haryana
  3. VisionInternationalCollege Of Education, Vpo- Dhansu, Near Deer Park Tehsil & Distt- Hisar, Haryana
  4. TagoreCollege Of Education, Barwa, Siwani Distt- Bhiwani Haryana
  5. AryaCollege Of Education, Hissar, Bherian Muklan, Haryana
  6. CityCollege Of Education, Hissar, Arya Nagar, Balsamand Road, Hisar, Haryana
  7. GaurCollege Of Education, Behbalpur, Hisar- 125001, Haryana
  8. GurudhamCollege Of Education, Hissol Road, NH- 65, Vpo- Khedar Hissar, Haryana
  9. SaraswatiCollege Of Education, Kanina Road, Sehlang Mehendergarh- 123027, Haryana
  10. Saheed Capt. D.K. Khola College Of Education, Zianabad, Rewari, Haryana
  11. RaoRoopChandMemorialCollege Of Education, Vill- Paathawas, Po- Asiaki, Haryana
  12. Rao Kehar Singh Elementory Institute Of Education, Ramgarh, Rewari, Haryana
  13. GangaCollege Of Education, Vpo- Dujana, Tehsil- Beri, Haryana
  14. Maa Ganga Colle Of Education, Vpo- Dujana, Tehsil- Beri, Haryana
  15. MaaSaraswatiJbtCollege, Vpo- Dujana, Tehsil- Beri, Haryana
  16. DarshCollege Of Education, Vpo- Kailana Taluka Mahmoodpur, Haryana
  17. DayawantiEmorialCollege Of Education, Panchgaon, Haryana
  18. RaoUdmiRamMemorialCollege Of Education, Farukh Nagar, Haryana
  19. RastriyaVidyaCollege Of Education, Basai Road, Haryana
  20. Jhankar, College Of Education, Main Gurgaon Pataudi Road, Haryana
  21. Happy College Of Education, Vill- Kosli Railway Station, Rewari, Haryana
/ Hon’ble High Court of Delhi decision is noted.

AGENDA ITEM NO 156.04.00 CONSIDERATION OF THE REPLIES RECEIVED FOR CONVERSION FROM 7(9) TO 7(11)