f.no.89-195/2009-appeal national council for teacher...

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F.No.89-195/2009-Appeal NATIONAL COUNCIL FOR TEACHER EDUCATION Hans Bhawan, Wing II, 1, Bahadurshah Zafar Marg, New Delhi - 110 002 14/07/2009 O R D E R WHEREAS The appeal of Chittaranjan Smriti Primary Teachers Training Institute, Uttar Dinajpur Dist., West Bengal dated 18/04/2009 is against the Order No. ERC/7-92.6(1).6/2009/15302 dated 24/02/2009 of the Eastern Regional Committee, refusing recognition for conducting PTT (D.Ed.) course on the grounds “1) The application is pertaining to year 2006 and Letter of intent u/S 7(9) of Regulations 2007 has been issued to the institution vide letter dated 08.09.2008. The institution failed to comply with the conditions as per NCTE norms & Regulations. 2) No reply in response to ERC notice dated 21.11.2008 has been received from the institution. 3) The notice dated 21.11.2008 sent to the institution was returned undelivered. 4) The list of teaching staff is not countersigned by the affiliating body. 5) Total area and built up area have not been mentioned in the building completion certificate. 6) Total area and built up area have not have mentioned in the building plan and not approved by the competent authority. 7) As per deed of lease submitted land is on lease basis. As per translated version of land documents submitted, land is on ownership basis, which is not clear. 8) Required No. of teacher qualified as per NCTE norms have not been appointed. 9) Principal does not posses qualification as per NCTE norms”. AND WHEREAS the Correspondent, Chittaranjan Smriti Primary Teachers Training Institute (hereinafter referred to as the appellant), preferred an appeal dated 21/04/2009 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 Shri Prodipkar, Representative and Ms. Shipra Kar, President, Chittaranjan Smriti Primary Teachers Training Institute, Uttar Dinajpur Dist., West Bengal presented the case of the appellant institution on 1-07-09. In the appeal and during personal presentation, it was submitted that as far as first ground of objection, the institution had submitted compliance report alongwith requisite document to the ERC on 21-10-08. Regarding objection at Sl.No.2 and 3, it was submitted that the institution had not received the ERC’s letter 21-11-08 purported to have been sent to the institution and therefore the question of institution responding to the said letter did not arise. As regard objection at Sl.No.4 , it was submitted that it was well known to all that the affiliating body of West Bengal was not countersigning the list of teaching staff of any institution under their jurisdiction on account of the then pending court case and therefore the institution submitted requisite affidavits regarding staff appointed to the ERC. As regards objection regarding built-up area available mentioned in Sl. No.

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Page 1: F.No.89-195/2009-Appeal NATIONAL COUNCIL FOR TEACHER EDUCATIONncte-india.org/appeal1/Orders_14-07-2009.pdf · NATIONAL COUNCIL FOR TEACHER EDUCATION Hans ... WHEREAS the appeal of

F.No.89-195/2009-Appeal

NATIONAL COUNCIL FOR TEACHER EDUCATION Hans Bhawan, Wing II, 1, Bahadurshah Zafar Marg, New Delhi - 110 002

14/07/2009

O R D E R

WHEREAS The appeal of Chittaranjan Smriti Primary Teachers Training Institute, Uttar Dinajpur Dist., West Bengal dated 18/04/2009 is against the Order No. ERC/7-92.6(1).6/2009/15302 dated 24/02/2009 of the Eastern Regional Committee, refusing recognition for conducting PTT (D.Ed.) course on the grounds “1) The application is pertaining to year 2006 and Letter of intent u/S 7(9) of Regulations 2007 has been issued to the institution vide letter dated 08.09.2008. The institution failed to comply with the conditions as per NCTE norms & Regulations. 2) No reply in response to ERC notice dated 21.11.2008 has been received from the institution. 3) The notice dated 21.11.2008 sent to the institution was returned undelivered. 4) The list of teaching staff is not countersigned by the affiliating body. 5) Total area and built up area have not been mentioned in the building completion certificate. 6) Total area and built up area have not have mentioned in the building plan and not approved by the competent authority. 7) As per deed of lease submitted land is on lease basis. As per translated version of land documents submitted, land is on ownership basis, which is not clear. 8) Required No. of teacher qualified as per NCTE norms have not been appointed. 9) Principal does not posses qualification as per NCTE norms”.

AND WHEREAS the Correspondent, Chittaranjan Smriti Primary Teachers Training Institute (hereinafter referred to as the appellant), preferred an appeal dated 21/04/2009 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 Shri Prodipkar, Representative and Ms. Shipra Kar, President, Chittaranjan Smriti Primary Teachers Training Institute, Uttar Dinajpur Dist., West Bengal presented the case of the appellant institution on 1-07-09. In the appeal and during personal presentation, it was submitted that as far as first ground of objection, the institution had submitted compliance report alongwith requisite document to the ERC on 21-10-08. Regarding objection at Sl.No.2 and 3, it was submitted that the institution had not received the ERC’s letter 21-11-08 purported to have been sent to the institution and therefore the question of institution responding to the said letter did not arise. As regard objection at Sl.No.4 , it was submitted that it was well known to all that the affiliating body of West Bengal was not countersigning the list of teaching staff of any institution under their jurisdiction on account of the then pending court case and therefore the institution submitted requisite affidavits regarding staff appointed to the ERC. As regards objection regarding built-up area available mentioned in Sl. No.

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5, 6 of the objections, it was submitted that requisite documents were submitted by the institution to the ERC. Regarding objection at Sl.No.7, it was submitted that the institution was having 2.27 acres of land out of which 1.16 acres was on ownership basis and balance 1.11 acres was on lease for a period of 99 years. As regard objections at Sl.NO.8 and 9, particulars of Principal and Teachers were already submitted and they were qualified as per the NCTE norms except that the Principal was not having requisite experience and getting suitably qualified persons for faculty was a common problem in West Bengal.

AND WHEREAS As regard objection at Sl. NO. 1, the Council noted that the institution submitted the requisite papers in response to the ERC’s letter dated 8-9-08 on 21-10-08. Regarding, objections at Sl.No.2 and 3, the Council observed that they were contradictory as the institution denied having received the letter. As regard the objection that the affiliating body of West Bengal was not signing the papers on account of pending case in the High Court, a copy of letter in this regard from the affiliating body was submitted by the institution. the Council observed that the objections at Sl.No.5 to 7 regarding land and built-up area were untenable as the LOI prior to issue of formal recognition was issued to the institution by ERC on 8-9-08 and that the LOI is issued after satisfying the availability of requisite infrastructure and other facilities with the institution. As far as objections regarding non processing of requisite qualifications by the Principal and teachers the Council observed that particulars of teachers and Principal were furnished by the institution and it was found that they were qualified as per the norms. the Council, further noted that VT report dated 12-8-08 was positive and it indicated availability of infrastructure and other facilties with the institution as per the NCTE norms. the Council, was therefore, of the view that there was adequate ground for accepting the appeal.

AND WHEREAS After perusal of documents, memorandum of appeal, affidavit, VT Report and after hearing oral arguments advanced during the hearing, the Council reached the conclusion that there was enough ground to accept the appeal and that it should be accepted. Accordingly, the appeal was accepted and ERC’s order dated 24-2-09 was set aside with direction to the ERC to grant recognition to the institution immediately.

NOW THEREFORE, the Council hereby reverses the Order appealed against.

(Hasib Ahmad) Member Secretary

1. The President, Chittaranjan Smriti Primary Teachers Training Institute, Vill - Uttar Goalpara, Po-Lahanda, Ps- Raiganj, Uttar Dinajpur Dist. - , West Bengal 2. The Secretary, Ministry of Human Resource Development, Department of School Education & Literacy, Shastri Bhawan, New Delhi. 3. Regional Director, Eastern Regional Committee, 15, Neelkanth Nagar, Nayapalli, Bhubaneshwar - 751 012.

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4. PS to Chairperson 5. The Secretary, Education (looking after Teacher Education) Government of West Bengal, Kolkata.

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F.No.89-287/2009 Appeal

NATIONAL COUNCIL FOR TEACHER EDUCATION Hans Bhawan, Wing II, 1, Bahadurshah Zafar Marg, New Delhi - 110 002

14/07/2009

O R D E R

WHEREAS the appeal of Gurjar Bharati's Mahila B.Ed College, , Dahod Dist., Gujarat dated 08/05/2009 is against the Order No. No.WRC/APWO2452/323277/116th/2008/54322 dated 19/04/2009 of the Western Regional Committee, withdrawing recognition for conducting B.Ed course on the grounds “Qualified Principal not appointed within the given time”.

AND WHEREAS the Correspondent, Gurjar Bharati's Mahila B.Ed College, (hereinafter referred to as the appellant), preferred an appeal dated 26/05/2009 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 Shri. Gopal Bhai P. Dhanka, Managing Trustee and Shri Patel Dinesh Chandra. A, Director Gurjar Bharati's Mahila B.Ed College, Dahod Dist., Gujarat presented the case of the appellant institution on 01-07-09. In the appeal and during personal presentation it was submitted that qualified Principal was appointed by the appellant institution within the given time.

AND WHEREAS the Council noted that this was one of the institutions inspected and not found to be in order by the A.U. Patel Committee constituted by the State Govt. of Gujarat and that the recognition of the institution was withdrawn by the WRC after conducting an inspection of the institution on 10-6-08 u/s 17 of the NCTE Act. The VT report dated 10-6-08 was negative and it inter-alia indicated that the college did not have land in the name of the trust/society, the land was reserved for Ashram school and on that land, building for B.Ed. was constructed, infrastructure was not properly maintained, phychology, science and ET labs were not proper, as against requirement of one Principal and seven Lecturers as per NCTE norms, only four Lecturers were present and thus no qualified Principal was appointed, built-up area was less as per NCTE norms and the, size of classroom was only 396.50 Sq.ft. as against the requirement of a minimum of 500 Sq.ft. the Council, was therefore, of the view that there was no justification for accepting the appeal and it should be rejected.

AND WHEREAS after perusal of documents, memorandum of appeal, affidavit, VT Report and after hearing oral arguments advanced during hearing, the Council reached the conclusion that there was no ground to

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accept the appeal and that it should be rejected. Accordingly, the appeal was rejected and WRC’s order dated 19-4-09 was confirmed.

NOW THEREFORE, the Council hereby confirms the Order appealed against.

(Hasib Ahmad) Member Secretary

1. The Managing Trustee, Gurjar Bharati's Mahila B.Ed College, , Survey No. 240 Paikee-3, 241 P-1, 2,3,4, At. Nagarala Post oti Kharaj, , Dahod Dist. - 389151, Gujarat 2. The Secretary, Ministry of Human Resource Development, Department of School Education & Literacy, Shastri Bhawan, New Delhi. 3. Regional Director, Western Regional Committee, Manas Bhawan, Shayamala Hills, Bhopal - 462002. 4. PS to Chairperson 5. The Secretary, Education (looking after Teacher Education) Government of Gujarat, Gandhinagar.

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F.No.89-86/2009 Appeal

NATIONAL COUNCIL FOR TEACHER EDUCATION Hans Bhawan, Wing II, 1, Bahadurshah Zafar Marg, New Delhi - 110 002

14/07/2009

O R D E R

WHEREAS the appeal of Jayshri Bahuchar Kelvani Mandal's Uma B.Ed College, Ahmedabad, Gujarat dated 12/02/2009 is against the Order No. No. WRC/APWO0211/323085 dated of the Western Regional Committee, withdrawing recognition for conducting B.Ed course on the grounds “WRC considered the VT report alongwith original file and all relevant documents and decided to serve show cause notice u/s 17 of NCTE Act for following deficiencies (1) Trust doesn't having land and building of its own, (2) College is running in commercial area on 2nd and 3rd floor of building, (3) Teaching staff not appointed, (4) Instructional facilities are inadequate, (5) Library and Labs are ill equipped”.

AND WHEREAS the Correspondent, Jayshri Bahuchar Kelvani Mandal's Uma B.Ed College (hereinafter referred to as the appellant), preferred an appeal dated 18/02/2009 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 Shri. Jashwant B. Patel, Trustee, Jayshri Bahuchar Kelvani Mandal's Uma B.Ed College, Ahmedabad, Gujarat presented the case of the appellant institution on 01-07-09. In the appeal and during personal presentation it was submitted that there were no specific norms and regulations of the land in question at the time of submission of application and that the institution furnished sufficient documentary evidence to SRC. The representative handed over a written submission and informed that he had no oral submission to make and requested to consider the appeal on the basis of appeal filed and the written submission given.

AND WHEREAS the Council noted that this was one of the institutions which was inspected and not found to be in order by the A.U. Committee constituted by the State Govt. of Gujarat and recognition of the institution was withdrawn by the WRC after another inspection of the institution conducted on 06-06-08. The VT report dated 06-06-08 inter-alia indicated that the trust was not having land and building of its own, the college was running in a commercial area on 2/3rd of the top floor of the building,

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equipment in the science labratory was not as per norms. Salary to the staff was not paid as per norms. the Council, was therefore, of the view that the recognition of the institution was withdrawn by the WRC on valid grounds and therefore there was no justification for accepting the appeal.

AND WHEREAS after perusal of documents, memorandum of appeal, affidavit, VT Report and after hearing oral arguments advanced during hearing, the Council reached the conclusion that there was no ground to accept the appeal and that it should be rejected. Accordingly, the appeal was rejected and WRC’s order dated 23-01-09 was confirmed.

NOW THEREFORE, the Council hereby confirms the Order appealed against.

(Hasib Ahmad) Member Secretary

1. The Managing Trustee, Jayshri Bahuchar Kelvani Mandal's Uma B.Ed College, Nr. Octroinaka, Bhuyangdev Cross Road, Sola Road,, Ahmedabad - , Gujarat 2. The Secretary, Ministry of Human Resource Development, Department of School Education & Literacy, Shastri Bhawan, New Delhi. 3. Regional Director, Western Regional Committee, Manas Bhawan, Shayamala Hills, Bhopal - 462002. 4. PS to Chairperson 5. The Secretary, Education (looking after Teacher Education) Government of Gujarat, Gandhinagar.

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F.No.89-89/2009 Appeal

NATIONAL COUNCIL FOR TEACHER EDUCATION Hans Bhawan, Wing II, 1, Bahadurshah Zafar Marg, New Delhi - 110 002

14/07/2009

O R D E R

WHEREAS the appeal of Shree Z.N. Patel Charitable Trust, Bhuj-Kutch, Gujarat dated 31/01/2009 is against the Order No. No.WRC/APWO7109/322564/109th/2008/46022 dated 03/11/2008 of the Western Regional Committee, refusing recognition for conducting P.T.C.(Guj.)(Co-Ed) course on the grounds “On scrutiny of original file alongwith the reply received from institution by WRC in its 109th WRC meeting held on 19-20/10/2008, came to the conclusion that the institution has not removed the deficiency within the stipulated period of 90 days u/s 7.4 of NCTE regulation 2005. The application is closed”.

AND WHEREAS the Correspondent, Shree Z.N. Patel Charitable Trust (hereinafter referred to as the appellant), preferred an appeal dated 04/02/2009 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 Dr. Makwana Mukesh B, I/c Principal & Chetan Kumar Z. Patel,Trusty, Shree Z.N. Patel Charitable Trust, Bhuj-Kutch, Gujarat presented the case of the appellant institution on 01-07-09. In the appeal and during personal presentation it was submitted that on 16-12-08, the appellant had requested the Regional Director, NCTE, Bangalore informing him that at no point of time the appellant received a letter dated 29-5-08 and therefore the appellant was not at fault.

AND WHEREAS the Council noted that the application for recognition of PTC course (D.Ed.) was submitted by the institution to WRC, Bhopal on 31-12-07 and that as per the NCTE (Recognition Norms and Procedure) Regulation 2007 which came into force from 10-12-07 an applicant institution for recognition of a teacher education course should have adequate land as per the norms either on ownership basis or on lease from Govt./Govt. agencies. The WRC issued a deficiency letter on 26-6-08 pointing out that the proposal was not accompanied by fee towards cost of application form of Rs.1000/- English version of legally valid land document of ownership or long-term lease, FDR for Rs. 5 lakh and Rs.3 lakh etc. the Council also noted that the institution did not furnish the said documents to the WRC alongwith the application or within the stipulated time of 90 days allowed in the deficiency letter and therefore further processing of the case was stopped and the file was closed by the WRC. The Council, was therefore of the view that there was no justification for accepting the

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appeal.

AND WHEREAS after perusal of documents, memorandum of appeal, affidavit, VT Report and after hearing oral arguments advanced during hearing, the Council reached the conclusion that there was no ground to accept the appeal and that it should be rejected. Accordingly, the appeal was rejected and WRC’s order dated 03-11-08 was confirmed

NOW THEREFORE, the Council hereby confirms the Order appealed against.

(Hasib Ahmad) Member Secretary

1. The Managing Trustee, Shree Z.N. Patel Charitable Trust, 4, Sahajanand Commercial Complex, Cross Road, New Raval Wadi,, Bhuj-Kutch - 370001, Gujarat 2. The Secretary, Ministry of Human Resource Development, Department of School Education & Literacy, Shastri Bhawan, New Delhi. 3. Regional Director, Western Regional Committee, Manas Bhawan, Shayamala Hills, Bhopal - 462002. 4. PS to Chairperson 5. The Secretary, Education (looking after Teacher Education) Government of Gujarat, Gandhinagar.

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F.No.89-191/2009-Appeal

NATIONAL COUNCIL FOR TEACHER EDUCATION Hans Bhawan, Wing II, 1, Bahadurshah Zafar Marg, New Delhi - 110 002

14/07/2009

O R D E R

WHEREAS the appeal of Shri Monark Education Trust's Smt. Maniba Mahila B.ED. College, Ahmedabad Dist., Gujarat dated 13/02/2009 is against the Order No. WRC/APWO0501/323133/110th/2008/50290 dated 24/01/2009 of the Western Regional Committee, withdrawing recognition for conducting B.Ed. course on the grounds “Non compliance of S/c notice within stipulated time. Deficiency :- (a) Area earmarked for B.Ed. program be specified. (b) Whether the salary to staff is being paid through bank? Please specify”.

AND WHEREAS the Correspondent, Shri Monark Education Trust's Smt. Maniba Mahila B.ED. College (hereinafter referred to as the appellant), preferred an appeal dated 05/03/2009 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 Shri Hasmukh M. Goswami M., Trustee and Shri. Vyas Shishir Bhai, C.E.O , Shri Monark Education Trust's Smt. Maniba Mahila B.ED. College, Ahmedabad Dist., Gujarat presented the case of the appellant institution on 01-07-09. In the appeal and during personal presentation it was submitted that the show cause notice was not received by the appellant. The appellant came to know about the show cause notice through the website and immediately furnished a reply to the WRC alongwith all requisite document and that the institution was in possession of 6778 Sq.mts. of land and 3516 Sq.mts. of built-up area for running PTC and B.Ed. programmes. It was also submitted that salary of the staff was being paid as per norms and that in addition to B.Ed. and PTC, the trust was running engineering college in building adjoining the Teacher Education College. . the Council noted that the appellant presented its case earlier on 28-5-09 and sought another date to produce relevant documents to substantiate its claim. Accordingly, the case was again heard on 1-7-09. the Council also noted that this was one of the institutions inspected and not found to be in order by the A.U. Patel Committee constituted by the State Govt. of Gujarat and that the recognition for the institution was withdrawn by the WRC after conducting an inspection of the institution on 08-06-08 u/s 17 of the NCTE Act. The VT report was negative and it inter-alia indicated that B.Ed. course and engineering courses were being conducted by the institution in the same building and that facilities available were being used both for B.Ed. course as well as engineering courses. the Council, was therefore, of the view that there was no justification for accepting the appeal. After perusal

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of documents, memorandum of appeal, affidavit, VT Report and after hearing oral arguments advanced during hearing, the Council reached the conclusion that there was no ground to accept the appeal and that it should be rejected. Accordingly, the appeal was rejected and WRC’s order dated 24-01-09 was confirmed.

AND WHEREAS the Council noted that the appellant presented its case earlier on 28-5-09 and sought another date to produce relevant documents to substantiate its claim. Accordingly, the case was again heard on 1-7-09. the Council also noted that this was one of the institutions inspected and not found to be in order by the A.U. Patel Committee constituted by the State Govt. of Gujarat and that the recognition for the institution was withdrawn by the WRC after conducting an inspection of the institution on 08-06-08 u/s 17 of the NCTE Act. The VT report was negative and it inter-alia indicated that B.Ed. course and engineering courses were being conducted by the institution in the same building and that facilities available were being used both for B.Ed. course as well as engineering courses. the Council, was therefore, of the view that there was no justification for accepting the appeal.

AND WHEREAS after perusal of documents, memorandum of appeal, affidavit, VT Report and after hearing oral arguments advanced during hearing, the Council reached the conclusion that there was no ground to accept the appeal and that it should be rejected. Accordingly, the appeal was rejected and WRC’s order dated 24-01-09 was confirmed.

NOW THEREFORE, the Council hereby confirms the Order appealed against.

(Hasib Ahmad) Member Secretary

1. The Managing Trust/Trustee, Shri Monark Education Trust's Smt. Maniba Mahila B.ED. College, At. Post. Vahelal, T. Dascroi, Ahmedabad Dist. - , Gujarat 2. The Secretary, Ministry of Human Resource Development, Department of School Education & Literacy, Shastri Bhawan, New Delhi. 3. Regional Director, Western Regional Committee, Manas Bhawan, Shayamala Hills, Bhopal - 462002. 4. PS to Chairperson 5. The Secretary, Education (looking after Teacher Education) Government of Gujarat, Gandhinagar.

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F.No.89-122/2009 Appeal

NATIONAL COUNCIL FOR TEACHER EDUCATION Hans Bhawan, Wing II, 1, Bahadurshah Zafar Marg, New Delhi - 110 002

13/07/2009

O R D E R

WHEREAS the appeal of Shree Rahul Education Society, Rahul B.Ed. College, At/Post Mahuwar Kal,VPO Mahuwar Kala, Tehsil-Sakaldiha, Distt.- Chandauli, U.P. dated 12/02/2009 is against the Order No. F.NRC/NCTE/F-7/UP-2886/2008/68651 dated 27/01/2009 of the Northern Regional Committee, refusing recognition for conducting B.Ed course on the grounds “The NRC after considering the report of the visiting team, Videography, wherein the Council noted that the Stat Govt. recommendation letter no. 1522/ Sattar -6/20082(241) 2008 dated 01.05.2009 is negative. The Regional Committee decided that the application for B.Ed course is hereby rejected. The application of Rahul B.Ed. College, At/Post Mahuwar Kal, Vpo - Mahuwar Kala Tehsil - Sakaldiha, Dist. Chandull, U.P. for the course in B.Ed. is hereby rejected”.

AND WHEREAS the Correspondent, Sree Rahul Education Society (hereinafter referred to as the appellant), preferred an appeal dated 13/02/2009 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 Rahul B.Ed. College, At/Post Mahuwar Kal,VPO Mahuwar Kala, Tehsil-Sakaldiha, Distt.- Chandauli, U.P. was asked to present its case before the appeal committee on 13.05.09, 29.05.09 and also on 01-07-09, but no body appeared to present the case before the appeal committee on all three occasions.

AND WHEREAS the Council noted that appellant institution was asked to present their case on 13-05-09, 29-05-09 & 1-07-09 but nobody appeared to present the case. According to appeal rules upto three chances are to be given to an appellant before deciding the case. Since all the three chances were exhausted, it was decided to dispose off the case. The committee therefore came to the conclusion that there was no justification to the consider the appeal, as the appellant institution did not turn up before the Council on all the occasions. Accordingly, the appeal was rejected and NRC’s order dated 27-01-09 was confirmed.

NOW THEREFORE, the Council hereby confirms the Order appealed against.

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(Hasib Ahmad) Member Secretary

1. The Chairman/ Secretary, Sree Rahul Education Society, Mother Mary' Junior College, Navghar Road, Bhayandar(E), , Thane - 401105, Maharashtra 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 - 302004, Rajasthan. 4. PS to Chairperson 5. The Secretary, Education (looking after Teacher Education) Government of Maharashtra, Mumbai.

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F.No.89-147/2009-Appeal

NATIONAL COUNCIL FOR TEACHER EDUCATION Hans Bhawan, Wing II, 1, Bahadurshah Zafar Marg, New Delhi - 110 002

14/07/2009

O R D E R

WHEREAS the appeal of Uma Devi Bahu Shiksha Awam Vikas Sanstha's Aaryabhatt Arts & Science College, Raipur Dist., Chhatisgarh dated 20/03/2009 is against the Order No. WRC/APWO7252/723150/109th/2008/46630 dated 03/11/2008 of the Western Regional Committee, refusing recognition for conducting B.Ed. (H) (Co.Ed) course on the grounds “On scrutiny of original file alongwith the reply received from institution by WRC in its 109th WRC meeting held on October 19-20, 2008 WRC came to the conclusion that the institution has not removed the deficiency within the stipulate period of 90 days u/s 7.4 of NCTE regulation 2005”.

AND WHEREAS the Correspondent, Uma Devi Bahu Shiksha Awam Vikas Sanstha's Aaryabhatt Arts & Science College (hereinafter referred to as the appellant), preferred an appeal dated 24/03/2009 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 Shri. Ajay Mishra, President, Uma Devi Bahu Shiksha Awam Vikas Sanstha's Aaryabhatt Arts & Science College, Raipur Dist., Chhatisgarh presented the case of the appellant institution on 01-07-09. In the appeal and during personal presentation it was submitted that due to wrong address indicated in the deficiency letter it was received by the appellant on 3-3-09 but the reply was furnished to the WRC within the time limit of 90 days. During the presentation it was submitted that building for the proposed B.Ed. college was yet to be completed and that the institution was already running Arts and Science degree courses in the available building of the Arya Bhatt Arts & Science college and the proposal was for running the B.Ed. and other courses on shift basis.

AND WHEREAS the Council noted that the institution was running already Art & Science College and the proposal was to conduct B.Ed. course and the other courses on shift basis which was not permissible as per the NCTE norms. the Council, was therefore of the view that there was no justification for accepting the appeal.

AND WHEREAS after perusal of documents, memorandum of appeal, affidavit, VT Report and after hearing oral arguments advanced during hearing, the Council reached the conclusion that there was no ground to

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accept the appeal and that it should be rejected. Accordingly, the appeal was rejected and WRC’s order dated 03-11-08 was confirmed.

NOW THEREFORE, the Council hereby confirms the Order appealed against.

(Hasib Ahmad) Member Secretary

1. The Chairman, Uma Devi Bahu Shiksha Awam Vikas Sanstha's Aaryabhatt Arts & Science College, Ph. No. Kh. No. 1431, Vill. Kopra, Teh. Rajima , Raipur Dist. - , Chhatisgarh 2. The Secretary, Ministry of Human Resource Development, Department of School Education & Literacy, Shastri Bhawan, New Delhi. 3. Regional Director, Western Regional Committee, Manas Bhawan, Shayamala Hills, Bhopal - 462002. 4. PS to Chairperson 5. The Secretary, Education (looking after Teacher Education) Government of Chhatisgarh, Raipur.

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F.No.89-283/2009 Appeal

NATIONAL COUNCIL FOR TEACHER EDUCATION Hans Bhawan, Wing II, 1, Bahadurshah Zafar Marg, New Delhi - 110 002

14/07/2009

O R D E R

WHEREAS the appeal of Valiyavila Foundation's St. Tresa's College of Education, Kallam Dist., Kerala dated 10/04/2009 is against the Order No. F.SRO/NCTE/B.Ed/2008-2009/11029 dated 30/03/2009 of the Southern Regional Committee, Refusing recognition for conducting B.Ed course on the grounds “1) The institution submitted the required documents on 09.01.2009 and 02.02.2009 for issuance of Formal Recognition whereas the last date of issue of recognition for the academic session 2008-09 was 31.08.2008 itself as per regulations of NCTE”.

AND WHEREAS the Correspondent, Valiyavila Foundation's St. Tresa's College of Education (hereinafter referred to as the appellant), preferred an appeal dated 15/04/2009 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 Government of Kerala meanwhile had taken a policy decision not to recommend grant of recognition to B.Ed. course for the academic session 2009-10. Shri. Joseph D. Fernandez, Managing Director & Amitha Reddy, Associate, Valiyavila Foundation's St. Tresa's College of Education, Kallam Dist. , Kerala presented the case of the appellant institution on 01-07-09. In the appeal and during personal presentation it was submitted that “the delay was beyond my control and humanly impossible inspite of all my trials to comply with. This is shown by the following documents: we I received the conditional recognition on 11.09.2007 and on 20.11.2007 itself, submitted staff list to the Kerala University since they did not cooperate with giving a nominee for interview, we did it without the nominee while trying to get the nominee. On 31.12.2007, we submitted again the staff list for approval without a nominee's interview, because Kerala University refused to give a nominee even after so many meetings. I met with the minister of education and sent him Objective of St. Tresa's College on January 9, 2008 as requested by him and signed a letter of understanding with the Government on January 17, 2008 hoping to get a nominee. On 28.09.2008, I went to High Court for help to get a Nominee for interview. On 27.03.2008, I asked for the State Govt. Representative

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for interview committee as prescribed in your letter dated 11.09.2007. 08.04.2008 the State Govt. responds saying that a nominee was not needed. On 12.04.2008 Kerala University rejected my application and asked me to reapply. Kerala University refuses to sign the staff list approved by the interview committee together with the University nominee, saying that the High Court only ordered them to send a nominee, but did not order them to sign the list. 27.08.2008 Kerala University causes further delay asking for a second application from me. On 05.09.2009, The High Court Ordered the Kerala University to sign the staff list and send to the NCTE. On 17.09.2008 Kerala University endorsed the staff list and sent it to NCTE and did not inform me though cc. to me is mentioned. As soon as I found out about it, I sent the balance of the documents on 03.01.2009 to NCTE. Your letter dated August 22, 2008 which I received on August 26,2008 says that on July 21, 2008 the NCTE made a regulation to make the deadline of August 31, 2008 for 2008-09 course. I only got four days since I received the letter on the 26th to meet the deadline of the 31st. It seems that such a short time span, given for such a retroactive decision of such magnitude seem quite arbitrary and exceedingly unfair. There were two Supreme Court decisions called DSS Mahavidyalaya Vs State of Maharashtra and St. John's Institute Vs Tamil Nadu that State Govt.'s permission was not necessary for the decision of NCTE. The connotation is obviously about new applications and not about applications filed in 2006. We request finishing the process that we started in 2006 and delayed due to Kerala University”.

AND WHEREAS the Council noted that the application for recognition for B.Ed. course for 2007-08 was submitted by the institution to SRC on 6-10-06 and that the SRC issued Letter of Intent of decision to grant recognition to the institution subject to appointment of qualified faculty members, on 11-9-07. the Council also noted that there was considerable delay on the part of Kerala University and the institution could not comply with the requirement within the prescribed time limit due to circumstances beyond its control and that too after intervention of the Hon’ble High Court of Kerala in favour of the institution. the Council further noted that, obviously in the given circumstances of the case, the SRC vide its letter dated 23-01-09, had last allowed the institution to comply with the requirement indicated in the Letter of Intent prior to formal recognition within 15 days but refused grant of recognition vide order dated 30-3-09 on the ground of policy decision not to grant recognition for the academic session 2009-10 even though the institution had complied with the requirement on 9-01-09 i.e. before expiry of 15 days allowed. Keeping in view the circumstances of the case and considering the fact that had there been no delay on the part of the University of Kerala, the appellant institution would have been able to comply with the requirement well in time to get recognition for conducting B.Ed. course from the academic session 2008-09, the Council, was therefore of the view that there was

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adequate justification for accepting the appeal.

AND WHEREAS after perusal of documents, memorandum of appeal, affidavit, VT Report and after hearing oral arguments advanced during the hearing, the Council reached the conclusion that there was enough ground to accept the appeal and that it should be accepted. Accordingly, the appeal was accepted and SRC’s order dated 30-3-09 was set aside with direction to the SRC to grant recognition to the institution immediately with prospective effect.

NOW THEREFORE, the Council hereby reverses the Order appealed against.

(Hasib Ahmad) Member Secretary

1. The Managing Trustee, Valiyavila Foundation's St. Tresa's College of Education, Academy Lane, Valiyavila Nagar, Kumbalam, Kundara,, Kallam Dist. - 691503, Kerala 2. The Secretary, Ministry of Human Resource Development, Department of School Education & Literacy, Shastri Bhawan, New Delhi. 3. Regional Director, Southern Regional Committee, 1st Floor, CSD Building, HMT Post, Jalahali, Bangalore - 560 031. 4. PS to Chairperson 5. The Secretary, Education (looking after Teacher Education) Government of Kerala, Thiruvananthapuram.

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F.No.89-200/2009-Appeal

NATIONAL COUNCIL FOR TEACHER EDUCATION Hans Bhawan, Wing II, 1, Bahadurshah Zafar Marg, New Delhi - 110 002

14/07/2009

O R D E R

WHEREAS the appeal of Bam Vivekananda Primary Teacher's Training College, Burdwan Dist., West Bengal dated 10/04/2009 is against the Order No. ERC/7-93.6(1).10/2009/15789 dated 19/03/2009 of the Eastern Regional Committee, Refusing recognition for conducting PTT (D.Ed.) course on the grounds “1) As per new norms qualification of the Principal cannot be ascertained as marks sheet of the details of M.Ed. not given. Information in respect of teacher Depanker Dey do not tally. Therefore, his qualification as per new norms cannot be ascertained. 2) Downloaded copy of affidavit on Rs. 100/- stamp paper regarding land details has not been submitted. 3) Fresh affidavit on Rs. 100/- stamp paper regarding land has not been submitted. Land documents pertaining all the plot no. mentioned in the affidavit has not been given. 4) Copy of building plan approved by Pradhan, built up area given is only 2394 sq.ft. which is less than as per requirement of NCTE norms. 5) The building completion certificate has not been countersigned by the competent authority. 6) The institution has submitted a fresh deed, which is in name of the institution. However it is found that the lease deed is executed on 12.01.2009. The sale deed pertaining to the same plot nos. was submitted earlier”.

AND WHEREAS the Correspondent, Bam Vivekananda Primary Teacher's Training College (hereinafter referred to as the appellant), preferred an appeal dated 13/04/2009 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 Md. Alamgir, Secretry and Md. Kalimulla, Member, Bam Vivekananda Primary Teacher's Training College, Burdwan Dist., West Bengal presented the case of the appellant institution on 28/05/2009. In the appeal and during personal presentation it was submitted that the institution had furnished all the requisite documents to the ERC from time to time and that it had all the requisite infrastructure and other facilities for conducting the proposed PTT (D.Ed.) and that teachers appointed were qualified.

AND WHEREAS the Council noted that the letter of Intent prior to recognition was issued to the institution on 03-07-07 and that Letter of Intent prior to recognition is normally issued by the Regional Committee after satisfying itself regarding availability of adequate infrastructure and other facilities with the institution to become eligible for recognition by NCTE. Therefore, the ground for rejection of recognition regarding non submission

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of land documents building plan, building completion certificate etc. after issue of LOI were untenable. the Council also noted that the VT report dated 06-03-07 was positive. the Council also observed from the list of faculty submitted by the institution that they were posessing the requisite qualification as prescribed by the NCTE. the Council, was therefore, of the view that there was adequate justification for accepting the appeal.

AND WHEREAS after perusal of documents, memorandum of appeal, affidavit, VT Report and after hearing oral arguments advanced during the hearing, the Council reached the conclusion that there was enough ground to accept the appeal and that it should be accepted. Accordingly, the appeal was accepted and ERC’s order dated 19-3-09 was set aside with direction to the ERC to grant recognition to the institution immediately

NOW THEREFORE, the Council hereby reverses the Order appealed against.

(Hasib Ahmad) Member Secretary

1. The Secretary, Bam Vivekananda Primary Teacher's Training College, Vill - Bam, Po-Joteram, Burdwan Dist. - 713101, West Bengal 2. The Secretary, Ministry of Human Resource Development, Department of School Education & Literacy, Shastri Bhawan, New Delhi. 3. Regional Director, Eastern Regional Committee, 15, Neelkanth Nagar, Nayapalli, Bhubaneshwar - 751 012. 4. PS to Chairperson 5. The Secretary, Education (looking after Teacher Education) Government of West Bengal, Kolkata.

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F.No.89-302/2009-Appeal

NATIONAL COUNCIL FOR TEACHER EDUCATION Hans Bhawan, Wing II, 1, Bahadurshah Zafar Marg, New Delhi - 110 002

14/07/2009

O R D E R

WHEREAS the appeal of Bodhisatva Maitry Bhichhu Trust's Siddhartha Teacher Training College., Gaya Dist. , Bihar dated 21/04/2009 is against the Order No. ERC/7-93.8.7/2009/15800 dated 23/03/2009 of the Eastern Regional Committee, Refusing recognition for conducting B.Ed. course on the grounds “1) Affidavit on Rs. 100/- stamp paper in prescribed format with complete filled in information has not been given. 2) Fixed Deposit Receipt of Rs. 3.00 lakhs (in original) has not been submitted as Reserve Fund. 3) Fixed Deposit Receipt of Rs. 5.00 lakhs (in original) has not been submitted as Endowment Fund. 4) As per the information in application form Possession of land under process. Own building is not available. Information regarding Col. 6.1 has not been given. 5) Certified copy of land ownership/lease documents has not been submitted as per Regulation 8(8). 6) Building Completion Certificate with Plot No. Khata No. built up area, Khesera No. from the Competent State Govt. Authority has not been submitted. 7) Approved building plan with Plot No., Khata No., built up area, Khesera No. from the Competent State Govt. Authority has not been submitted”.

AND WHEREAS the Correspondent, Bodhisatva Maitry Bhichhu Trust's Siddhartha Teacher Training College. (hereinafter referred to as the appellant), preferred an appeal dated 27/04/2009 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 Kapil Deosinha, Director & Radhe Shyam Singh Member, Bodhisatva Maitry Bhichhu Trust's Siddhartha Teacher Training College., Gaya Dist. , Bihar presented the case of the appellant institution on . In the appeal and during personal presentation it was submitted that the institution be allowed extension of time for fulfillment of the required deficiencies by another 90 days.

AND WHEREAS the Council noted that the deficiency letter was issued to the institution by the ERC on 9-5-08 and thus even after more than a year the institution did not remove the deficiencies and it was seeking further extension of time for removal of the deficiencies. the Council, was therefore, of the view that there was no justification for accepting the appeal.

AND WHEREAS after perusal of documents, memorandum of appeal, affidavit and after hearing oral arguments advanced during hearing, the Council reached the conclusion that there was no ground to accept the

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appeal and that it should be rejected. Accordingly, the appeal was rejected and ERC’s order dated 23-03-09 was confirmed.

NOW THEREFORE, the Council hereby confirms the Order appealed against.

(Hasib Ahmad) Member Secretary

1. The Secretary , Bodhisatva Maitry Bhichhu Trust's Siddhartha Teacher Training College., Vill - Rajapur, Sujata Bypass, Po - Bodhgaya, City - Gaya, Gaya Dist. - 824231, Bihar 2. The Secretary, Ministry of Human Resource Development, Department of School Education & Literacy, Shastri Bhawan, New Delhi. 3. Regional Director, Eastern Regional Committee, 15, Neelkanth Nagar, Nayapalli, Bhubaneshwar - 751 012. 4. PS to Chairperson 5. The Secretary, Education (looking after Teacher Education) Government of Bihar, Patna.

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F.No.89-169/2009-Appeal

NATIONAL COUNCIL FOR TEACHER EDUCATION Hans Bhawan, Wing II, 1, Bahadurshah Zafar Marg, New Delhi - 110 002

14/07/2009

O R D E R

WHEREAS the appeal of Brown College of Education, Gwalior Dist. , Madhya Pradesh dated 31/01/2009 is against the Order No. WRC/APWO4827/223542/112th/2008/49085 dated 22/12/2008 of the Western Regional Committee, Refusing recognition for conducting B.Ed (Co-Ed) course on the grounds “Notice dated 31.08.2008, Reply dated 26.08.2008. Non-compliance of the show cause notice. Deficiency:- (a) Lease deed not registered. (b) Number of books in the library inadequate. (c) Size of class room not as per NCTE norms. (d) Building plan approved by the competent authority not submitted. (e) CLU from competent authority not submitted.”

AND WHEREAS the Correspondent, Brown College of Education (hereinafter referred to as the appellant), preferred an appeal dated 03/02/2009 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 Shri. Anurag M. Gupta, Trustee & Ramakant Gupta, Trustee., Brown College of Education, Gwalior Dist. , Madhya Pradesh presented the case of the appellant institution on 01-07-09. In the appeal and during personal presentation it was submitted that the requisite documents were submitted by the institution before time on 24-8-08.

AND WHEREAS the Council noted that the institution has taken lease of the land and building from another society which was not permissible and the lease deed was dated 07-02-08 when lease from private parties was not permissible as per the NCTE norms. Further, the Council noted that the building plan submitted was in respect of a higher secondary school and not in respect of the proposed Brown College of Education. The Council, was therefore, of the view that there was no justification for accepting the appeal.

AND WHEREAS after perusal of documents, memorandum of appeal, affidavit, VT Report and after hearing oral arguments advanced during hearing, the Council reached the conclusion that there was no ground to accept the appeal and that it should be rejected. Accordingly, the appeal was rejected and WRC’s order dated 22-12-08 was confirmed.

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NOW THEREFORE, the Council hereby confirms the Order appealed against.

(Hasib Ahmad) Member Secretary

1. The Principal , Brown College of Education, GL - 7,8, Shrasti Appartment, Kherapati Road, Gwalior Dist. - , Madhya Pradesh 2. The Secretary, Ministry of Human Resource Development, Department of School Education & Literacy, Shastri Bhawan, New Delhi. 3. Regional Director, Western Regional Committee, Manas Bhawan, Shayamala Hills, Bhopal - 462002. 4. PS to Chairperson 5. The Secretary, Education (looking after Teacher Education) Government of Madhya Pradesh, Bhopal.

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F.No.89-294/2009-Appeal

NATIONAL COUNCIL FOR TEACHER EDUCATION Hans Bhawan, Wing II, 1, Bahadurshah Zafar Marg, New Delhi - 110 002

14/07/2009

O R D E R

WHEREAS the appeal of Gajanand Charity Trust's K.A. Patel Adhyapan Mandir, Mehsana Dist., Gujarat dated 15/05/2009 is against the Order No. WRC/APWO4030/322405/2009/54150 dated 17/04/2009 of the Western Regional Committee, refusing recognition for conducting PTC (Guj.)(Girls) course on the grounds “Keeping the view of the negative recommendation received from the Gujarat State Government in respect of P.T.C. course and direction received from NCTE Hqrs, the WRC decided that no further processing will be done in this case. As per above decision taken by WRC, the proposal of said institution is to be treated as closed, the FDRs towards Endowment Fund and Reserve Fund (in original) is returned herewith”.

AND WHEREAS the Correspondent, Gajanand Charity Trust's K.A. Patel Adhyapan Mandir (hereinafter referred to as the appellant), preferred an appeal dated 18/05/2009 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 Shri. Pravin Chandra H. Panhac, Representative, Gajanand Charity Trust's K.A. Patel Adhyapan Mandir, Mehsana Dist., Gujarat presented the case of the appellant institution on 01-07-09. In the appeal and during personal presentation it was submitted that the WRC had issued Letter of Intent prior to recognition on 28-8-08 and in response to that the institution furnished list of staff and therefore it was not fair to refuse recognition to it on the ground that the State Govt. of Gujarat gave negative recommendation in respect of the institution.

AND WHEREAS the Council noted that the VT report dated 20-6-08 was not positive and it inter-alia indicated that the size of the classroom was only 13.50 Sq.mts. or 145.31 Sq.ft. and the size of the multi-purpose hall was 36.18 Sq.mt. or 389 Sq.ft. which were inadequate as per NCTE norms. the Council also noted that the building plan submitted along with the application indicated an area of 7606 Sq.ft. only and that though another building plan submitted after issue of deficiency letter indicated an area of 1437 Sq.mts. or 15468 Sq.ft. it was in respect of a school. the Council further noted that based on the recommendation of the State Govt. of Gujarat that no more PTC courses in the State should be allowed the NCTE Hqrs issued a public notice on 02-10-08 to the effect that applications for recognition of PTC courses in the State for the session 2009-10 would not be received by the WRC and that applications already received by WRC would not be processed and returned to the institution concerned. As the decision

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appealed against was taken by the WRC in accordance with the said public notice issued by the NCTE on the recommendation of the State Govt. of Gujarat, the Council was of the view that there was no justification for accepting the appeal.

AND WHEREAS after perusal of documents, memorandum of appeal, affidavit, VT Report and after hearing oral arguments advanced during hearing, the Council reached the conclusion that there was no ground to accept the appeal and that it should be rejected. Accordingly, the appeal was rejected and WRC’s order dated 17-04-09 was confirmed.

NOW THEREFORE, the Council hereby confirms the Order appealed against.

(Hasib Ahmad) Member Secretary

1. The Trustee, Gajanand Charity Trust's K.A. Patel Adhyapan Mandir, Timba Ta. Satlasana, Mehsana Dist. - 384330, Gujarat 2. The Secretary, Ministry of Human Resource Development, Department of School Education & Literacy, Shastri Bhawan, New Delhi. 3. Regional Director, Western Regional Committee, Manas Bhawan, Shayamala Hills, Bhopal - 462002. 4. PS to Chairperson 5. The Secretary, Education (looking after Teacher Education) Government of Gujarat, Gandhinagar.

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F.No.89-202/2009-Appeal

NATIONAL COUNCIL FOR TEACHER EDUCATION Hans Bhawan, Wing II, 1, Bahadurshah Zafar Marg, New Delhi - 110 002

14/07/2009

O R D E R

WHEREAS the appeal of Gobindapur Sephali Memorial Primary Teacher's Training Institute, Burdwan Dist. , West Bengal dated 17/04/2009 is against the Order No. ERC/7-92.8.37/2009/15285 dated 24/02/2009 of the Eastern Regional Committee, refusing recognition for conducting PTT (D.Ed.) course on the grounds “1) The institution has not submitted documents within stipulated time of 90 days from 1st deficiencies letter. 2) The institution has not submitted it reply in response to ERC notice dated 25.11.2008. 3) Building Completion Certificate mentioning the built up area total area plot no. from the competent authority countersigned by Engineer has not been submitted. 4) Copy of the approved building plan mentioning the total area, built up area, plot no. has not been submitted. 5) From the affidavit submitted by the institution, it is observed that the built up area is not as per the NCTE norms. Fresh Affidavit has not been submitted. 6) English version of Notarized copy of land documents has not been submitted”.

AND WHEREAS the Correspondent, Gobindapur Sephali Memorial Primary Teacher's Training Institute (hereinafter referred to as the appellant), preferred an appeal dated 20/04/2009 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 Shri. Lutful Haque, Founder Member & Malay Pit, Founder Member Gobindapur Sephali Memorial Primary Teacher's Training Institute, Burdwan Dist., West Bengal presented the case of the appellant institution on 01-07-09. In the appeal and during personal presentation it was submitted that the appellant had furnished all the requisite documents to the ERC for conducting inspection of the institution and that it was now willing for inspection.

AND WHEREAS the Council noted that inspection of the institution was not conducted and, therefore, the case should be remanded back to the ERC for conducting inspection.

AND WHEREAS after perusal of documents, memorandum of appeal, affidavit and after hearing oral arguments advanced during hearing, the Council reached the conclusion that the case should be remanded back to the ERC for inspection of the institution to ascertain availability of adequate

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infrastructural, instructional and other facilities as per the NCTE norms in order to become eligible for recognition. Accordingly, the case was remanded back to the ERC for inspection of the institution immediately and thereafter, issue of recognition.

NOW THEREFORE, the Council hereby remands back the case of Gobindapur Sephali Memorial Primary Teacher's Training Institute, Burdwan Dist. , West Bengal to the ERC, NCTE, for necessary action as indicated above.

(Hasib Ahmad) Member Secretary

1. The President , Gobindapur Sephali Memorial Primary Teacher's Training Institute, Vill - Gobindapur, Po - Keleti, Burdwan Dist. - , West Bengal 2. The Secretary, Ministry of Human Resource Development, Department of School Education & Literacy, Shastri Bhawan, New Delhi. 3. Regional Director, Eastern Regional Committee, 15, Neelkanth Nagar, Nayapalli, Bhubaneshwar - 751 012. 4. PS to Chairperson 5. The Secretary, Education (looking after Teacher Education) Government of West Bengal, Kolkata.

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F.No.89-92/2009 Appeal

NATIONAL COUNCIL FOR TEACHER EDUCATION Hans Bhawan, Wing II, 1, Bahadurshah Zafar Marg, New Delhi - 110 002

14/07/2009

O R D E R

WHEREAS the appeal of Matrukrupa Education Trust's I.D. Patel College of Education, Ahmedabad, Gujarat dated 20/02/2009 is against the Order No. APWO3658/323308/110th/2008/48291-48296 dated 18/12/2008 of the Western Regional Committee, withdrawing recognition for conducting B.Ed(CO-ED) course on the grounds “1) Institution does not have land & building in the name of college. 2) Land area & Built up area is inadequate. 3) Qualification of the Principal is not appropriate. 4) Number of teaching staff inadequate. 5) No separate area is earmarked for B.Ed. college”.

AND WHEREAS the Correspondent, Matrukrupa Education Trust's I.D. Patel College of Education (hereinafter referred to as the appellant), preferred an appeal dated 23/02/2009 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 Shri. Patel Vinod Bhai, M. Trustee & Mrs, Abha Jha, Coordinator, Matrukrupa Education Trust's I.D. Patel College of Education, Ahmedabad, Gujarat presented the case of the appellant institution on 01-07-09. In the appeal and during personal presentation it was submitted that the institution was granted recognition for conducting B.Ed. course as per the norms in vogue at that time and therefore any subsequent change in the norms should not be made applicable to the institution retrospectively.

AND WHEREAS the Council noted that the VT report dated 7-6-08 on the inspection of the institution conducted u/s17 of the NCTE Act was negative and it, inter-alia, indicated that institution was having land measuring 191.17 Sq.mts. and a built-up area of 703.57 Sq.mts. as against the requirement of 2500 Sq.mts. and 1500 Sq.mts. respectively. The VT report also indicated that the facilities were being shared with primary school and secondary school and the B.Ed. college, shift system was in vogue which was not permissible as per the NCTE norms and the size of the classroom was 396 Sq.ft. and 480 Sq.ft. as against the requirement of a minimum of 500 Sq.ft. as per NCTE norms and qualified Principal was not appointed. the Council further noted that as per Regulation 8(13) of the NCTE Regulations, whenever there are changes in the norms and standards, for the course or training in teacher education, the institution shall comply with the

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requirements laid down in the revised norms and standards immediately, but not later than the date of commencement of the next academic session. the Council was therefore of the view that the recognition was withdrawn by the WRC on valid grounds and therefore there was no justification for accepting the appeal.

AND WHEREAS after perusal of documents, memorandum of appeal, affidavit, VT Report and after hearing oral arguments advanced during hearing, the Council reached the conclusion that there was no ground to accept the appeal and that it should be rejected. Accordingly, the appeal was rejected and WRC’s order dated 18-12-08 was confirmed.

NOW THEREFORE, the Council hereby confirms the Order appealed against.

(Hasib Ahmad) Member Secretary

1. The Managing Trustee, Matrukrupa Education Trust's I.D. Patel College of Education, C/0. I.D. Patel Education Campus, Nr. Nirman Tower, Nr. Vishwas City, Opp. Gujarat new High Court, S.G. Highway, Ahmedabad - 380061, Gujarat 2. The Secretary, Ministry of Human Resource Development, Department of School Education & Literacy, Shastri Bhawan, New Delhi. 3. Regional Director, Western Regional Committee, Manas Bhawan, Shayamala Hills, Bhopal - 462002. 4. PS to Chairperson 5. The Secretary, Education (looking after Teacher Education) Government of Gujarat, Gandhinagar.

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F.No.89-300/2009-Appeal

NATIONAL COUNCIL FOR TEACHER EDUCATION Hans Bhawan, Wing II, 1, Bahadurshah Zafar Marg, New Delhi - 110 002

14/07/2009

O R D E R

WHEREAS the appeal of Shree Shiv Shakti Education Charitable Trust's Shree Manubhai R. Patel P.T.C. College, Panchmahal Dist., Gujarat dated 18/05/2009 is against the Order No. WRC/APWO4033/322406/2009/54143 dated 17/04/2009 of the Western Regional Committee, refusing recognition for conducting P.T.C.(Co-Ed.) course on the grounds “Keeping the view of the negative recommendation received from the Gujarat State Government in respect of P.T.C. course and direction received from NCTE Hqrs. the WRC decided that no further processing will be done in this case. As per above decision taken by WRC, the proposal of said institution is to be treated as closed, the FDRs towards Endowment Fund and Reserve Fund (in original) is returned herewith”.

AND WHEREAS the Correspondent, Shree Shiv Shakti Education Charitable Trust's Shree Manubhai R. Patel P.T.C. College (hereinafter referred to as the appellant), preferred an appeal dated 21/05/2009 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 Shri. Patel Manubhai, M. Trustee, Shree Shiv Shakti Education Charitable Trust's Shree Manubhai R. Patel P.T.C. College, Panchmahal Dist., Gujarat presented the case of the appellant institution on 01-07-09. In the appeal and during personal presentation it was submitted that the recognition was granted to the institution by WRC for starting PTC college by decision taken in 100th meeting of WRC in December, 2007 and therefore once an institution is granted recognition the same can only be withdrawn whereas the WRC vide its order dated 17-4-09 refused to grant recognition on the ground of negative recommendation received from the State Govt. of Gujarat.

AND WHEREAS the Council noted that based on the recommendation of the State Government of Gujarat that no more PTC courses in the State should be allowed, the NCTE Hqrs issued a public notice on 2-10-08 to the effect that applications for recognition of PTC courses in the State for the session 2009-10 would not be received by the WRC and that applications already received by WRC would not be processed and returned to the

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institution concerned. As the decision appealed against was taken by the WRC in accordance with the said public notice issued by the NCTE on the recommendation of the State Government of Gujarat, the Council was of the view that there was no justification for accepting the appeal.

AND WHEREAS after perusal of documents, memorandum of appeal, affidavit, VT Report and after hearing oral arguments advanced during hearing, the Council reached the conclusion that there was no ground to accept the appeal and that it should be rejected. Accordingly, the appeal was rejected and WRC’s order dated 17-04-09 was confirmed.

NOW THEREFORE, the Council hereby confirms the Order appealed against.

(Hasib Ahmad) Member Secretary

1. The Principal, Shree Shiv Shakti Education Charitable Trust's Shree Manubhai R. Patel P.T.C. College, B-8, Sardar Patel Campus, Modasa Highway Road, Lunawada, Panchmahal Dist. - 389230, Gujarat 2. The Secretary, Ministry of Human Resource Development, Department of School Education & Literacy, Shastri Bhawan, New Delhi. 3. Regional Director, Western Regional Committee, Manas Bhawan, Shayamala Hills, Bhopal - 462002. 4. PS to Chairperson 5. The Secretary, Education (looking after Teacher Education) Government of Gujarat, Gandhinagar.

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F.No.89-290/2009-Appeal

NATIONAL COUNCIL FOR TEACHER EDUCATION Hans Bhawan, Wing II, 1, Bahadurshah Zafar Marg, New Delhi - 110 002

14/07/2009

O R D E R

WHEREAS the appeal of Shri Samay Ji H.A. Mahavidyalay, Sant Kabir Nagar, Uttar Pradesh dated 24/03/2009 is against the Order No. F.NRC/NCTE/F-7/UP-2281/200868515-65600 dated 23/01/2009 of the Northern Regional Committee, refusing recognition for conducting B.P.Ed. course on the grounds “The committee noted that the State Govt. recommendation letter no. 2464/Satter-6/2008-2(461) 2008 dated 13.06.2008 is negative. The Regional Committee decided that the application for B.P.Ed. course is hereby rejected”.

AND WHEREAS the Correspondent, Shri Samay Ji H.A. Mahavidyalay (hereinafter referred to as the appellant), preferred an appeal dated 24/03/2009 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 Shri. Babulal Yadav, Manager, Shri. Rajhans Yadav & Shri. Ghanshyam, Member, Shri Samay Ji H.A. Mahavidyalay, Sant Kabir Nagar, Uttar Pradesh presented the case of the appellant institution on 01-07-09. In the appeal and during personal presentation it was submitted that the appellant was running BA classes but due a bonafide mistake the appellant could not show the same at the time of inspection of the institution.

AND WHEREAS the Council noted that the negative recommendation of the State Govt. of UP was on the ground that the institution was not running two graduate courses in two disciplines for a period of 2 years. the Council also noted that an application for recognition of a teacher education course was to be considered as per the provisions in the NCTE Act/ Regulations and there was no provision in the NCTE Act/Regulation that in order to be eligible for recognition, an institution should have been running two graduate courses. Therefore the Council was of the view that refusal of recognition to an institution on the basis of negative recommendation of the State Govt. of UP alone was not in order and that there was adequate justification for accepting the appeal and remanding back the case to the NRC for further processing of the case on merit.

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AND WHEREAS after perusal of documents, memorandum of appeal, affidavit, VT Report, and after hearing oral arguments advanced during the hearing, the Council reached the conclusion that there was adequate justification for accepting the appeal and remanding back the case to the NRC for further processing the case in accordance with the provisions in the NCTE Act and Regulations on merit. Accordingly, the NRC’s Order dated 23-01-09 was set aside and the case was remanded back to the NRC for processing the case on merits.

NOW THEREFORE, the Council hereby remands back the case of Shri Samay Ji H.A. Mahavidyalay, Sant Kabir Nagar, Uttar Pradesh to the NRC, NCTE, for necessary action as indicated above.

(Hasib Ahmad) Member Secretary

1. The Manager/Secretary, Shri Samay Ji H.A. Mahavidyalay, Jairam Patt Bazar, Sant Kabir Nagar - , 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 - 302004, Rajasthan. 4. PS to Chairperson 5. The Secretary, Education (looking after Teacher Education) Government of Uttar Pradesh, Lucknow.

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F.No.89-28/2009-Appeal

NATIONAL COUNCIL FOR TEACHER EDUCATION Hans Bhawan, Wing II, 1, Bahadurshah Zafar Marg, New Delhi - 110 002

14/07/2009

O R D E R

WHEREAS the appeal of Shri Shanteshwar Vidya Vardhak Sangh's Shri Shanteshwar College of Education, Bijapur Dist., Karnataka dated is against the Order No. F.SRO/NCTE/B.Ed/2007-2008/5931 dated 08/10/2008 of the Southern Regional Committee, refusing recognition for conducting B.Ed course on the grounds “1) The Degree College being run in the same building and built up space available is 5886 sq.ft. not adequate for proposed courses. 2) No exclusive infrastructure and instructional facilities provided for the proposed course. 3) The construction of building is not completed. 4) The books and lab. equipment in Science, Psychology and E.T. labs. are not adequate for proposed B.Ed. course”.

AND WHEREAS the Correspondent, Shri Shanteshwar Vidya Vardhak Sangh's Shri Shanteshwar College of Education (hereinafter referred to as the appellant), preferred an appeal dated 31/12/2008 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 Dr. Sarvabhoum. Bagali, President, Shri Shanteshwar Vidya Vardhak Sangh's Shri Shanteshwar College of Education, Bijapur Dist., Karnataka presented the case of the appellant institution on 01-07-09 In the appeal and during personal presentation it was submitted that the proposed B.Ed College was having independent building and that the total area available was 1,739.56 Sq.mts. or 18,714.75 sq.ft. As regard objection at 3 and 4 it was submitted that the building completion certificate issued by Municipal Council was submitted and books and equipments for library labs were sufficient with the institution.

AND WHEREAS the Council noted that the VT Report dt. 29.07/2008 was negative and it inter, alia indicated that the institution was having land measuring 4 acrs. and built up area of 5,886 sq .ft. and the proposed B.Ed College building was in the already existing degree college offering B.A. and B.Com Courses. The report also indicated that the 1st floor which was under construction was earmarked for B.Ed College but certain class rooms were in the ground floor and were shown as labs, library etc. no education journal were available, lab equipments to be provided adequately and that in the same complex/ building, a degree course offering B.A., B.Com courses was functioning. The Council was therefore of the view that the

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institution did not full fill the norms to become eligible for recognition by the NCTE and therefore the recognition was refused to the institution by SRC on valid grounds and that therefore there was no justification for accepting the appeal.

AND WHEREAS after perusal of documents, memorandum of appeal, affidavit, VT Report and after hearing oral arguments advanced during hearing, the Council reached the conclusion that there was no ground to accept the appeal and that it should be rejected. Accordingly, the appeal was rejected and SRC’s order dated 08-10-08 was confirmed.

NOW THEREFORE, the Council hereby confirms the Order appealed against.

(Hasib Ahmad) Member Secretary

1. The President, Shri Shanteshwar Vidya Vardhak Sangh's Shri Shanteshwar College of Education, Sindagi Road, Indi Taluk, Bijapur Dist. - 586209, Karnataka 2. The Secretary, Ministry of Human Resource Development, Department of School Education & Literacy, Shastri Bhawan, New Delhi. 3. Regional Director, Southern Regional Committee, 1st Floor, CSD Building, HMT Post, Jalahali, Bangalore - 560 031. 4. PS to Chairperson 5. The Secretary, Education (looking after Teacher Education) Government of Karnataka, Bangalore.

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F.No.89-299/2009-Appeal

NATIONAL COUNCIL FOR TEACHER EDUCATION Hans Bhawan, Wing II, 1, Bahadurshah Zafar Marg, New Delhi - 110 002

14/07/2009

O R D E R

WHEREAS the appeal of Somnath Trust's Rupal P.T.C. College, Sabarkantha Dist., Gujarat dated 01/06/2009 is against the Order No. WRC/APWO4464/322381(Addl.) Co-Ed/2009/54149 dated 17/04/2009 of the Western Regional Committee, refusing recognition for conducting P.T.C. (Addl.) course on the grounds “Keeping the view of the negative recommendation received from the Gujarat State Government in respect of PTC course and direction received from NCTE Hqrs, the WRC decided that no further processing will be done in this case. As per above decision taken by WRC, the proposal of said institution is to be treated as closed, the FDRs towards Endowment Fund and Reserve Fund (in original) is returned herewith”.

AND WHEREAS the Correspondent, Somnath Trust's Rupal P.T.C. College (hereinafter referred to as the appellant), preferred an appeal dated 03/06/2009 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 Bharat Singh L. Rahevar, Somnath, President Trust's Rupal P.T.C. College, Sabarkantha Dist., Gujarat presented the case of the appellant institution on 01-07-09. In the appeal and during personal presentation it was submitted that the WRC was satisfied and thereafter the letter of intent prior to recognition was issued on 28.11.08 in response to which the institution supplied all the necessary documents to the NCTE vide its letter dated 5.1.09. It was also submitted that the Trust was already running PTC course and the application submitted by the Trust was for additional intake in PTC course.

AND WHEREAS the Council noted that on the recommendation of the State Government of Gujarat not to process any more applications from the State for PTC course, the NCTE issued a Public Notice on 2.10.2008 to the effect that no more applications for recognition of PTC course from the State of Gujarat would be processed by the WRC and that applications already received would be returned to the institution. the Council also noted

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that the decision to close the file pertaining application for recognition of the institution was taken by the WRC in accordance with the said Public Notice issued by the NCTE on the recommendation of the State Government of Gujarat and therefore, there was no justification for accepting the appeal.

AND WHEREAS after perusal of documents, memorandum of appeal, affidavit, VT Report and after hearing oral arguments advanced during hearing, the Council reached the conclusion that there was no ground to accept the appeal and that it should be rejected. Accordingly, the appeal was rejected and WRC’s order dated 17-04-09 was confirmed.

NOW THEREFORE, the Council hereby confirms the Order appealed against.

(Hasib Ahmad) Member Secretary

1. The Principal, Somnath Trust's Rupal P.T.C. College, Taluka Himatnagar, Sabarkantha Dist. - 383030, Gujarat 2. The Secretary, Ministry of Human Resource Development, Department of School Education & Literacy, Shastri Bhawan, New Delhi. 3. Regional Director, Western Regional Committee, Manas Bhawan, Shayamala Hills, Bhopal - 462002. 4. PS to Chairperson 5. The Secretary, Education (looking after Teacher Education) Government of Gujarat, Gandhinagar.

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F.No.89-295/2009-Appeal

NATIONAL COUNCIL FOR TEACHER EDUCATION Hans Bhawan, Wing II, 1, Bahadurshah Zafar Marg, New Delhi - 110 002

14/07/2009

O R D E R

WHEREAS the appeal of Swami Education Trust's V.M. Patel College of Education, Ahmedabad Dist. , Gujarat dated 22/04/2009 is against the Order No. WRC/APWO1517/323231/110th/2008/48380-48385 dated 19/12/2008 of the Western Regional Committee, withdrawing recognition for conducting B.Ed. course on the grounds “WRC considered the reply received alongwith original file and all relevant document and observed that: no valid documents in the name of the trust”.

AND WHEREAS the Correspondent, Swami Education Trust's V.M. Patel College of Education (hereinafter referred to as the appellant), preferred an appeal dated 27/04/2009 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 Mr. Suresh V. Patel and Mr. C.I. Patel, Swami Education Trust's V.M. Patel College of Education, Ahmedabad Dist. , Gujarat presented the case of the appellant institution on 01-07-09. In the appeal and during personal presentation it was submitted that recognition was granted to the institution on 9,.8.07 on the basis of 30 years lease and that land measuring 1525 Sq. mts was purchased in the name of the Managing Trustee and they were willing to purchase the remaining 975 Sq. Mts.

AND WHEREAS the Council noted that the application was submitted by the institution on 31.12.04 and at that point of time the NCTE Regulations 2002 were in vogue according to which an applicant institution should have land either on ownership basis or on lease from Government or Government agencies only. the Council also noted that the VT Report dated 5.6.08 was very negative and it inter-alia indicated that the land was in the name of an individual, the Class Rooms were of the size of 400 Sq. ft as against the requirement of a minimum of 500 Sq. ft, as per the NCTE norms, college was not having land and building and other facilities as per NCTE Regulations, 2007, Primary, Secondary School, PTC and B. Ed Colleges were on different floors of the building and that it was running whole educational complex on commercial basis. the Council was therefore of the view that the recognition of the institution was withdrawn by the WRC on valid ground and therefore there was no justification for accepting the appeal.

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AND WHEREAS after perusal of documents, memorandum of appeal, affidavit, VT Report and after hearing oral arguments advanced during hearing, the Council reached the conclusion that there was no ground to accept the appeal and that it should be rejected. Accordingly, the appeal was rejected and WRC’s order dated 19-12-08 was confirmed.

NOW THEREFORE, the Council hereby confirms the Order appealed against.

(Hasib Ahmad) Member Secretary

1. The Principal , Swami Education Trust's V.M. Patel College of Education, Arpan Education Campur, Vastral, Ta: Dascroi, Ahmedabad Dist. - , Gujarat 2. The Secretary, Ministry of Human Resource Development, Department of School Education & Literacy, Shastri Bhawan, New Delhi. 3. Regional Director, Western Regional Committee, Manas Bhawan, Shayamala Hills, Bhopal - 462002. 4. PS to Chairperson 5. The Secretary, Education (looking after Teacher Education) Government of Gujarat, Gandhinagar.

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F.No.89-319/2009-Appeal

NATIONAL COUNCIL FOR TEACHER EDUCATION Hans Bhawan, Wing II, 1, Bahadurshah Zafar Marg, New Delhi - 110 002

14/07/2009

O R D E R

WHEREAS the appeal of Adarsh Bahuuddeshia Sevabhavi Sanstha's Ramrao Patil D.Ed. College, Latur Dist., Maharashtra dated 30/04/2009 is against the Order No. WRC/APWO3784/122747/110th/VTR/2008/53613 dated 10/04/2009 of the Western Regional Committee, refusing recognition for conducting D.Ed. (M) (Co-Ed) course on the grounds “Keeping in view of the negative recommendation received from the Maharashtra State Government in respect of D.Ed. course and directions received from NCTE Hqrs, the WRC decided that no further processing will be done in this case and communication to this effect to be made to this institution. As per above decision taken by WRC, the proposal of said institution is to be treated as closed, the FDRs towards Endowment Fund and Reserve Fund (in original) are returned herewith”.

AND WHEREAS the Correspondent, Adarsh Bahuuddeshia Sevabhavi Sanstha's Ramrao Patil D.Ed. College (hereinafter referred to as the appellant), preferred an appeal dated 30/04/2009 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 Shri Arun Srivastava, Managing Director, Adarsh Bahuuddeshia Sevabhavi Sanstha's Ramrao Patil D.Ed. College, Latur Dist. , Maharashtra presented the case of the appellant institution on 02-07-09. In the appeal and during personal presentation it was submitted “The refusal made by giving mere reference numbers of the letters dated 17.09.2008, dated 01.10.2008, dated 31.10.2008 issued by the Member Secretary of NCTE, New Delhi is not the perfect, complete and clear cause for refusal as nowhere the respondent has clarified that what are the contents of these letters and how those affect in negative in refusal of the recognition. Respondent, prior to its decision which is challenged before this Hon'ble Council by issuing an advance notice, has carried the actual inspection of the appellant institution through its competent expert representatives/ officers, and has confirmed the availability of the different basic fundamental things as contemplated U/s 14(3) (a) and (b) of the Act. It is very well observed in Para No. 68 of the judgement by the Hon'ble Supreme Court in the case of State of Maharashtra V/s Sant Dnyaneshwar Shikshan Shashtra Mahavidyalaya reported in 2006 (4) SCC Page No.1 that merely on the basis of the recommendation of the State Government it would not be valid as well as proper to refuse the recognition but in instant matter it is made. Nowhere it is clarified till this moment that what are the different

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grounds on which the State of Maharashtra has given its negative recommendation and so naturally it reveals that the respondent has failed to assess the reasonability as well as validity and sufficiency of the reasons, if any are given by the State of Maharashtra. In the absence of any such specific finding and the observations on the record it appears that the impugned Order is erroneous”.

AND WHEREAS the Council noted that on the recommendation of some of the State Government including the Sate Govt. of Maharashtra not to further recognize/permit institutions for conducting B.Ed./D.Ed. course, a public notice was issued by the NCTE on 2-10-08 through the newspapers to the affect that application for D.Ed. course for the academic session 2009-10 from the State of Maharashtra would not be considered and all such applications shall be returned to the institution alongwith the processing fees and documents. the Council also noted that the said step taken by the NCTE was a temporary measure for regulating the growth of teacher training institutions pending state-wise assessment of the manpower requirement of teachers in the country. Accordingly, NCTE Hqrs. had vide its letters dated 1-10-2008 and 31-10-2008 directed all the Regional Directors of NCTE not to recognize/permit the institutions for conducting the specific teacher training course as specified in the public notice issued by NCTE and to return all those applications which were received prior to issuance of public notice dated 2nd Oct, 2008. In view of this, the Council came to the conclusion that WRC was right in refusing the recognition to the institution for conducting D.Ed course by closing the file of the institution.

AND WHEREAS after perusal of documents, memorandum of appeal, affidavit, VT Report and after hearing oral arguments advanced during hearing, the Council reached the conclusion that there was no ground to accept the appeal and that it should be rejected. Accordingly, the appeal was rejected and WRC’s order dated 10-04-09 was confirmed.

NOW THEREFORE, the Council hereby confirms the Order appealed against.

(Hasib Ahmad) Member Secretary

1. The President, Adarsh Bahuuddeshia Sevabhavi Sanstha's Ramrao Patil D.Ed. College, Shri Ram Complex, Harkare Nagar, Nanded Road, Udgir Tq. Udgir, Latur Dist. - , Maharashtra 2. The Secretary, Ministry of Human Resource Development, Department of School Education & Literacy, Shastri Bhawan, New Delhi. 3. Regional Director, Western Regional Committee, Manas Bhawan, Shayamala Hills, Bhopal - 462002. 4. PS to Chairperson 5. The Secretary, Education (looking after Teacher Education) Government of Maharashtra, Mumbai.

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F.No.89-313/2009-Appeal

NATIONAL COUNCIL FOR TEACHER EDUCATION Hans Bhawan, Wing II, 1, Bahadurshah Zafar Marg, New Delhi - 110 002

14/07/2009

O R D E R

WHEREAS the appeal of Dr. Ambedkar Primary Teacher's Training Institute, Nadia Dist., West Bengal dated 13/04/2009 is against the Order No. ERC/7-93.6(II)2/2009/15796 dated 23/03/2009 of the Eastern Regional Committee, refusing recognition for conducting PTT (D.Ed.) course on the grounds “1) Building completion certificate submitted is from the friends construction mentioning the total area and built up area but now countersigned by the competent authority. 2) Supporting documents regarding facilities of language learning has not been submitted. 3) Total area in the affidavit is less than the requirement. Total area in building plan has not been given Clarification regarding Total area in the affidavit is less than the required has not been submitted”.

AND WHEREAS the Correspondent, Dr. Ambedkar Primary Teacher's Training Institute (hereinafter referred to as the appellant), preferred an appeal dated 13/04/2009 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 Shri Ratan Kumar Barai, Secretary & Shri Pratap Barai, Member, Dr. Ambedkar Primary Teacher's Training Institute, Nadia Dist. , West Bengal presented the case of the appellant institution on 02-07-09. In the appeal and during personal presentation it was submitted that the sanctioned plan was duly certified by the Panchayat Authority and it mentioned the total built-up area and proposed built-up area and that the institution had submitted supporting documents regarding facilities of language learning and it was having a total built-up area of 1729.88 Sq.mts. in addition to 485.47 Sq.mts. which was proposed to be constructed.

AND WHEREAS the Council noted that the building plan was prepared by Friends construction on 20-9-07 for the existing building of (787.7+486+486 Sq.mt.) and proposed area of 141.42 Sq.mt. Further, the same construction agency on 04-11-07 issued a completion certificate stating that 1759.73 Sq.mts. of building had been completed and the additional 141.42 Sq.mt. was under construction. It was further noted from a Certificate issued on 13-10-06 by Govt. of West Bengal, office of the ADM and Dist. Land and

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Land Reforms Officer, Nadia that the institution was in possession of 0.33 acre of land by erecting building, since 1411 B.S. It was inferred from lease documents of land dated 13-04-05 that 30th Chaitra 1411 B.S. corresponding to 13-04-05. It was also noted that the building plan was approved by Pradhan of village Panchayat office on 03-08-04 and the plan was for 3 floors; The village panchayat office also issued completion certificate on 15-03-06. So, it was apparent from the building plan and building completion certificate that was issued by friends construction that the appellant had already constructed 1759.73 sq. mts. of built-up area and the further 141 Sq.mt. built-up area was proposed for construction. Even ERC in its “processing summery of the institution file” dated 24-07-08 mentioned that building plan and building completion certificate were issued by Pradhan. the Council, was therefore, of the view that there was adequate justification for accepting the appeal.

AND WHEREAS after perusal of documents, memorandum of appeal, affidavit, VT Report and after hearing oral arguments advanced during the hearing, the Council reached the conclusion that there was enough ground to accept the appeal and that it should be accepted. Accordingly, the appeal was accepted and ERC’s order dated 23-03-09 was set aside with direction to the ERC to grant recognition to the institution immediately

NOW THEREFORE, the Council hereby reverses the Order appealed against.

(Hasib Ahmad) Member Secretary

1. The Secretary, Dr. Ambedkar Primary Teacher's Training Institute, Vill - Sahapara, PO - Bethuadahari, PS - Nakashipara, Nadia Dist. - 741126, West Bengal 2. The Secretary, Ministry of Human Resource Development, Department of School Education & Literacy, Shastri Bhawan, New Delhi. 3. Regional Director, Eastern Regional Committee, 15, Neelkanth Nagar, Nayapalli, Bhubaneshwar - 751 012. 4. PS to Chairperson 5. The Secretary, Education (looking after Teacher Education) Government of West Bengal, Kolkata.

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F.No.89-316/2009-Appeal

NATIONAL COUNCIL FOR TEACHER EDUCATION Hans Bhawan, Wing II, 1, Bahadurshah Zafar Marg, New Delhi - 110 002

14/07/2009

O R D E R

WHEREAS The appeal of Gramin Shikshan Sanstha's Shri Krushna Avdhoot D.Ed. College, Gondia Dist., Maharashtra dated 28/04/2009 is against the Order No. WRC/APWO7055/1222090/110th/VTR/2008/53810 dated 13/04/2009 of the Western Regional Committee, refusing recognition for conducting D.Ed. (M) (CO-Ed) course on the grounds “Keeping in view of the negative recommendation received from the Maharashtra State Government in respect of D.Ed. course and directions received from NCTE Hqrs. the WRC decided that no further processing will be done in this case and communication to this effect to be made to this institution. As per above decision taken by WRC, the proposal of said institution is to be treated as closed, the FDRs towards Endowment Fund and Reserve Fund (in original) are returned herewith”.

AND WHEREAS the Correspondent, Gramin Shikshan Sanstha's Shri Krushna Avdhoot D.Ed. College (hereinafter referred to as the appellant), preferred an appeal dated 28/04/2009 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 Shri Dewaji Mariaru Kapgate, Secretary & Shri Dayaram Kapgate, Member Gramin Shikshan Sanstha's Shri Krushna Avdhoot D.Ed. College, Gondia Dist. , Maharashtra presented the case of the appellant institution on 02-07-09 . In the appeal and during personal presentation it was submitted that “The refusal made by giving reference numbers of the letters dated 17.09.2008, dated 01.10.2008, dated 31.10.2008 issued by the Member Secretary of NCTE, New Delhi is not the perfect, complete and clear cause for refusal as nowhere the respondent has clarified the contents of these letters and how those affect in negative in refusal of the recognition. Respondent also has not followed the required mandatory procedure as contemplated U/s 14 (3) (proviso) of the Act as no reasonable opportunity in specific is given to the petitioner by the respondent prior to passing the Order of the refusal of recognition. The petitioner institution has made ready the entire infrastructure required for the D.Ed. course as the proposal of the petitioner was under the positive consideration of the Respondent Regional Committee and even inspection was also carried and nothing short is found but still then proposal is turned down and as such this refusal has adversely affected not only the petitioner but all the things and the concerned persons who are the part of the system of D.Ed. course. It is very well observed in Para No. 68 of the judgement by the Hon'ble Supreme

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Court in the case of State of Maharashtra V/s Sant Dnyaneshwar Shikshan Shashtra Mahavidyalaya reported in 2006 (4) SCC page no. 1 that merely on the basis of the recommendation of the State Government it would not be valid as well as proper to refuse the recognition but in instant matter it is made. Nowhere it is clarified till this moment that what Maharashtra has given its negative recommendation and so naturally it reveals that the respondent has failed to assess the reasonability as well as validity and sufficiency of the reasons, if any are given by the State of Maharashtra. In the absence of any such specific finding and the observations on the record it appears that the impugned Order is erroneous”.

AND WHEREAS the Council noted that on the recommendation of some of the State Government including the Sate Govt. of Maharashtra not to further recognize/permit institutions for conducting B.Ed./D.Ed. course, a public notice was issued by the NCTE on 2-10-08 through the newspapers to the affect that application for D.Ed. course for the academic session 2009-10 from the State of Maharashtra would not be considered and all such applications shall be returned to the institution alongwith the processing fees and documents. the Council also noted that the said step taken by the NCTE was a temporary measure for regulating the growth of teacher training institutions pending state-wise assessment of the manpower requirement of teachers in the country. Accordingly, NCTE Hqrs. had vide its letters dated 1-10-2008 and 31-10-2008 directed all the Regional Directors of NCTE not to recognize/permit the institutions for conducting the specific teacher training course as specified in the public notice issued by NCTE and to return all those applications which were received prior to issuance of public notice dated 2nd Oct, 2008. In view of this, the Council came to the conclusion that WRC was right in refusing the recognition to the institution for conducting D.Ed course by closing the file of the institution.

AND WHEREAS After perusal of documents, memorandum of appeal, affidavit, VT Report and after hearing oral arguments advanced during hearing, the Council reached the conclusion that there was no ground to accept the appeal and that it should be rejected. Accordingly, the appeal was rejected and WRC’s order dated 13-04-09 was confirmed.

NOW THEREFORE, the Council hereby confirms the Order appealed against.

(Hasib Ahmad) Member Secretary

1. The Principal/Secretary, Gramin Shikshan Sanstha's Shri Krushna Avdhoot D.Ed. College, Kokna (Navegaon Bandh), P.C. No. 18, Plot No. 164/3B, Kokna, Gondia Dist. - , Maharashtra 2. The Secretary, Ministry of Human Resource Development, Department of School Education & Literacy, Shastri Bhawan, New Delhi. 3. Regional Director, Western Regional Committee, Manas Bhawan, Shayamala Hills, Bhopal - 462002.

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4. PS to Chairperson 5. The Secretary, Education (looking after Teacher Education) Government of Maharashtra, Mumbai.

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F.No.89-311/2009-Appeal

NATIONAL COUNCIL FOR TEACHER EDUCATION Hans Bhawan, Wing II, 1, Bahadurshah Zafar Marg, New Delhi - 110 002

14/07/2009

O R D E R

WHEREAS the appeal of Lala Lajpat Rai Teacher's Training College, Ranchi Dist. , Jharkhand dated 20/04/2009 is against the Order No. ERC/7-92.8.41/2009/15267 dated 24/02/2009 of the Eastern Regional Committee, refusing recognition for conducting B.Ed. course on the grounds “1) The institution has not submitted documents within stipulated time of 90 days from 1st deficiency letter. 2) Building completion certificate with plot no Khata No., Khasra No., total area, built up area from the competent state Govt. authority has not been submitted. 3) The institution has taken lease from Punjab Hindu Biradari, the Trust of the institution. Land belongs to the trust, which is not acceptable as per Regulations”.

AND WHEREAS the Correspondent, Lala Lajpat Rai Teacher's Training College (hereinafter referred to as the appellant), preferred an appeal dated 23/04/2009 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 Shri Subhash Chandra Singh, Coordinator, Lala Lajpat Rai Teacher's Training College, Ranchi Dist., Jharkhand presented the case of the appellant institution on 02-07-09. In the appeal and during personal presentation it was submitted that the appellant had applied for extension of time for submitting the reply and subsequently submitted the reply to ERC on 05-01-09. As regards building completion certificate it was submitted that the institution already filed certificate of completion of building issued by the Architect and Engineer but the institution was now ready to file the certificate from the competent State Govt. Authority.

AND WHEREAS the Council noted that the institution admitted that it did not furnish reply to the deficiency letter within the specified time limit, which was one of the grounds of rejection of recognition. the Council also noted that in the application submitted by the institution the size of the classroom available was indicated as 37.80 Sq.mts. or 407 sq. ft. as against a minimum of 500 Sq.ft. required as per the NCTE norms. the Council also noted that the land in question was purchased by the trust namely Punjab Hindu Biradari in the name of the school and therefore the institution or the Trust as such was not the owner of the land. the Council was therefore of the view that the institution does not fulfil the norms to become eligible for recognition by the NCTE and therefore the recognition was refused to the institution by the ERC on valid grounds and thus there was no justification for accepting the appeal.

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AND WHEREAS after perusal of documents, memorandum of appeal, affidavit, VT Report and after hearing oral arguments advanced during hearing, the Council reached the conclusion that there was no ground to accept the appeal and that it should be rejected. Accordingly, the appeal was rejected and ERC’s order dated 24-02-09 was confirmed.

NOW THEREFORE, the Council hereby confirms the Order appealed against.

(Hasib Ahmad) Member Secretary

1. The Principal, Lala Lajpat Rai Teacher's Training College, Vill - Ranchi, PO - Pundag, Argora, Plot No. - 1013, 1234, Ranchi Dist. - , Jharkhand 2. The Secretary, Ministry of Human Resource Development, Department of School Education & Literacy, Shastri Bhawan, New Delhi. 3. Regional Director, Eastern Regional Committee, 15, Neelkanth Nagar, Nayapalli, Bhubaneshwar - 751 012. 4. PS to Chairperson 5. The Secretary, Education (looking after Teacher Education) Government of Jharkhand, Ranchi.

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F.No.89-309/2009-Appeal

NATIONAL COUNCIL FOR TEACHER EDUCATION Hans Bhawan, Wing II, 1, Bahadurshah Zafar Marg, New Delhi - 110 002

14/07/2009

O R D E R

WHEREAS the appeal of Matoshri Shikshan Seva Mandal's Late Yashwant Deshmukh Adhyapak Vidyalaya, Washim Dist. , Maharashtra dated 06/04/2009 is against the Order No. WRC/APWO4055/122884/110/SCN/2008/52405 dated 07/03/2009 of the Western Regional Committee, refusing recognition for conducting D.Ed. (M) (Co-Ed) course on the grounds “ Keeping in view of the negative recommendation received from the Maharashtra State Government in respect of D.Ed. course and directions received from NCTE Hqrs, the WRC decided that no further processing will be done in this case and communication to this effect to be made to this institution. As per above decision taken by WRC the proposal of said institution is to be treated as closed, the FDRs towards Endowment Fund (in original) are returned herewith”.

AND WHEREAS the Correspondent, Matoshri Shikshan Seva Mandal's Late Yashwant Deshmukh Adhyapak Vidyalaya (hereinafter referred to as the appellant), preferred an appeal dated 23/04/2009 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 Dr. Raj. V. Siddiqui, CEO & Mrs. P. Deshmukh,Executive, Matoshri Shikshan Seva Mandal's Late Yashwant Deshmukh Adhyapak Vidyalaya, Washim Dist. , Maharashtra presented the case of the appellant institution on 02-07-09 . In the appeal and during personal presentation it was submitted that “The WRC failed to provide any opportunity to your appellant to submit the written representation as to the aforesaid reasons for refusal. Your appellant was not given any show cause notice as to aforesaid grounds of refusal. The first reason for refusal is illegal as the stage of consideration of negative recommendations of the Government of Maharashtra under Clause 7(3) of the NCTE (Recognition, Norms & Procedure) Regulations 2007 was over in the 105th meeting of the WRC held on August 11-12, 2008 when the WRC considered the case of your appellant and decided not to issue show cause notice on the negative recommendations of the Government of Maharashtra but on another ground i.e. that the lease deed was only for 29 years. The review of decision by the WRC is not permissible under the provisions of the NCTE Act and its regulations. The WRC failed to appreciate that, on 12.03.2007, your appellant had submitted all requisite documents including the copy of registered lease deed number 1659 dated 01.11.2006 for 29 years. the copy of registered lease deed number 450 dated 02.03.2007 for 5 further years.

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The WRC again ignored the copies of aforesaid registered lease deeds which were again submitted by your appellant on 11.09.2008 alongwith the reply to the aforesaid decision to issue the show cause notice”.

AND WHEREAS the Council noted that on the recommendation of some of the State Government including the Sate Govt. of Maharashtra not to further recognize/permit institutions for conducting B.Ed./D.Ed. course, a public notice was issued by the NCTE on 2-10-08 through the newspapers to the affect that application for D.Ed. course for the academic session 2009-10 from the State of Maharashtra would not be considered and all such applications shall be returned to the institution alongwith the processing fees and documents. the Council also noted that the said step taken by the NCTE was a temporary measure for regulating the growth of teacher training institutions pending state-wise assessment of the manpower requirement of teachers in the country. Accordingly, NCTE Hqrs. had vide its letters dated 1-10-2008 and 31-10-2008 directed all the Regional Directors of NCTE not to recognize/permit the institutions for conducting the specific teacher training course as specified in the public notice issued by NCTE and to return all those applications which were received prior to issuance of public notice dated 2nd Oct, 2008. In view of this, the Council came to the conclusion that WRC was right in refusing the recognition to the institution for conducting D.Ed course by closing the file of the institution.

AND WHEREAS after perusal of documents, memorandum of appeal, affidavit, VT Report and after hearing oral arguments advanced during hearing, the Council reached the conclusion that there was no ground to accept the appeal and that it should be rejected. Accordingly, the appeal was rejected and WRC’s order dated 07-03-09 was confirmed.

NOW THEREFORE, the Council hereby confirms the Order appealed against.

(Hasib Ahmad) Member Secretary

1. The President / Secretary, Matoshri Shikshan Seva Mandal's Late Yashwant Deshmukh Adhyapak Vidyalaya, Survey No. 132, Village - Kawthal, Taluka - Mangrulpir, Washim Dist. - , Maharashtra 2. The Secretary, Ministry of Human Resource Development, Department of School Education & Literacy, Shastri Bhawan, New Delhi. 3. Regional Director, Western Regional Committee, Manas Bhawan, Shayamala Hills, Bhopal - 462002. 4. PS to Chairperson 5. The Secretary, Education (looking after Teacher Education) Government of Maharashtra, Mumbai.

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F.No.89-292/2009 Appeal

NATIONAL COUNCIL FOR TEACHER EDUCATION Hans Bhawan, Wing II, 1, Bahadurshah Zafar Marg, New Delhi - 110 002

14/07/2009

O R D E R

WHEREAS The appeal of Mirza Ahsanulla Beg Niswan (Girls) Degree College, Azamgarh, Uttar Pradesh dated 13/03/2009 is against the Order No. F.NRC/NCTE/F-&/UP/2873/2008 dated 23/01/2009 of the Northern Regional Committee, Refusing recognition for conducting B.Ed course on the grounds “The NRC noted that State Govt. recommendation letter no. 1503/Sattar-6/2008-2(214) 2008 dated 13.06.2008 is negative. The Regional Committee decided that the application for B.Ed. course is hereby rejected. The application of Mirza Ahsanulla Beg Niswan (Girls) Degree College, Anjan Shahid, Azamgarh, UP for the course in B.Ed. is hereby rejected”.

AND WHEREAS the Correspondent, Mirza Ahsanulla Beg Niswan (Girls) Degree College (hereinafter referred to as the appellant), preferred an appeal dated 13/03/2009 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 Shri Mirza Qamarul Hasan, President, & Shri Ambar Qamarddin, Advisor, Mirza Ahsanulla Beg Niswan (Girls) Degree College, Azamgarh, Uttar Pradesh presented the case of the appellant institution on 02-07-09. In the appeal and during personal presentation it was submitted that “No reasonable opportunity was provided to the appellant for making a written representation against shortcomings, before passing of the impugned order. Most importantly, the State Government respondent to the letter of the NCTE dated 01.03.2008 by the letter dated 16.09.2008, making a negative recommendation much beyond the prescribed period of 60. Except for the said recommendation there was no other impediment in allowing the application of the appellant. Recommendation of the State Government cannot be the reason for rejection of the application because NCTE is a statutory body formed to regulate and properly maintain norms and standards in the teacher education system throughout the country. As if the same was the case there was no need to issue a letter of intent and later on proceed with the inspection of the premises. The object of enacting the NCTE Act was to do away with executive interference but if the same was to remain present in some form or the other, then the object stands defeated. The crucial points are fulfillment of the specified norms and standards, which cannot be diluted. The appellant fulfills all of them. The appellants have belatedly been supplied a copy of the letter stating reasons for the negative recommendation to be non-availability of dual faculties, that itself is not a valid objection of the State Government as it is a matter of record that various other colleges have been recognised

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although they too do not have a dual faculty but the State Government did not object, to name few; (1) Udaseencharya Degree College, Jaura, Badshahpur, Jaunpur”

AND WHEREAS The Council noted from the U.P. Govt. G.O. dt. 11-02-05 that institutions offering undergraduate courses atleast in any two disciplines of Science/Arts/Commerce were only eligible to conduct teacher training programmes and the same Govt.. vide its G.O. dt. 01-06-09 had withdrawn its earlier G.O. The Council also noted that an application for recognition of teacher education course has to be considered in accordance with the provisions in the NCTE Act and Regulations and that there was no such condition in the NCTE Act/Regulations that an applicant institution should have been running two degree courses. The Council was therefore of the view that the refusal of recognition to the institution on said ground was not justified. The Council, therefore, came to a conclusion that there was enough justification for accepting the appeal and remanding back the case to NRC to consider the case on merit and there-after passing appropriate orders.

AND WHEREAS After perusal of documents, memorandum of appeal, affidavit, VT Report, and after hearing oral arguments advanced during the hearing, the Council reached the conclusion that the institution’s case may be remanded back to NRC for consideration on merit Accordingly, the case was remanded back to the NRC for examination of the case on merit and thereafter, to issue orders by 31st July’09.

NOW THEREFORE, the Council hereby remands back the case of Mirza Ahsanulla Beg Niswan (Girls) Degree College, Azamgarh, Uttar Pradesh to the NRC, NCTE, for necessary action as indicated above.

(Hasib Ahmad) Member Secretary

1. The President, Mirza Ahsanulla Beg Niswan (Girls) Degree College, Anjan Shaheed, , Azamgarh - , 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 - 302004, Rajasthan. 4. PS to Chairperson 5. The Secretary, Education (looking after Teacher Education) Government of Uttar Pradesh, Lucknow.

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F.No.89-317/2009-Appeal

NATIONAL COUNCIL FOR TEACHER EDUCATION Hans Bhawan, Wing II, 1, Bahadurshah Zafar Marg, New Delhi - 110 002

14/07/2009

O R D E R

WHEREAS the appeal of Sadguru Education Society, Jalgaon Dist. , Maharashtra dated 18/04/2009 is against the Order No. WRC/APWO6026/1221726/110/VTR/2008/52499 dated 14/03/2009 of the Western Regional Committee, refusing recognition for conducting D.Ed. (M) (CO-Ed) course on the grounds “Keeping in view of the negative recommendation received from the Maharashtra State Government in respect of D.Ed. course and directions received from NCTE Hqrs, the WRC decided that no further processing will be done in this case and communication to this effect to be made to this institution. As per above decision taken by WRC, the proposal of said institution is to be treated as closed, the FDRs towards Endowment Fund and Reserve Fund (in original) are returned herewith”.

AND WHEREAS the Correspondent, Sadguru Education Society (hereinafter referred to as the appellant), preferred an appeal dated 20/04/2009 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 Dr. Narayan Shankar Khadke, President & Sunil Parsharam Verma, Joint Secretary, Sadguru Education Society, Jalgaon Dist. , Maharashtra presented the case of the appellant institution on 02-07-09. In the appeal and during personal presentation it was submitted “The cause of refusal given by the Respondent does not fall in the category of causes which are prescribed U/S 14(3) (a) (b) of the NCTE Act. The refusal made by giving mere reference the letters dated 17.09.2008, 01.10.2008 and 31.10.2008 issued by the Member Secretary of NCTE, New Delhi is not the perfect, complete and clear cause for refusal as nowhere the respondent has clarified the contents of these letters and how those affect in negative in refusal of the recognition. Respondent, has carried the actual inspection of the appellant institution and has confirmed the availability of the different basic fundamental things as contemplated U/s 14(3) (a) and (b) of the Act. Respondent also has not followed the required mandatory procedure as contemplated U/s 14(3) (proviso) of the Act as no reasonable opportunity in specific is given to the petitioner by the respondent prior to passing the order of the refusal of recognition. The petitioner institution has made ready the entire infrastructure required for the D.Ed. course as the proposal of the petitioner was under the positive consideration of the WRC and even inspection was also carried and nothing short is found but still then proposal is turned down. It is very well observed in Para No. 68 of the judgment by the

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Hon'ble Supreme Court in the case of State of Maharashtra V/s Sant Dnyaneshwar Shiksha Shashtra Mahavidyalaya reported in 2006 (4) SCC Page No. 1, that merely on the basis of the recommendation of the State Government it would not be valid as well as proper to refuse the recognition but in instant matter it is made. As per the directives issued by this are also not followed properly by the respondent though it is one of the directive that in case of non-justifiable reason behind negative recommendation the WRC can consider the case on its own merits, however it does not appear from the impugned order that the respondent has seen made any attempt to verify the justification of the causes behind refusal given by the State of Maharashtra”.

AND WHEREAS the Council noted that on the recommendation of some of the State Government including the Sate Govt. of Maharashtra not to further recognize/permit institutions for conducting B.Ed./D.Ed. course, a public notice was issued by the NCTE on 2-10-08 through the newspapers to the affect that application for D.Ed. course for the academic session 2009-10 from the State of Maharashtra would not be considered and all such applications shall be returned to the institution alongwith the processing fees and documents. the Council also noted that the said step taken by the NCTE was a temporary measure for regulating the growth of teacher training institutions pending state-wise assessment of the manpower requirement of teachers in the country. Accordingly, NCTE Hqrs. had vide its letters dated 1-10-2008 and 31-10-2008 directed all the Regional Directors of NCTE not to recognize/permit the institutions for conducting the specific teacher training course as specified in the public notice issued by NCTE and to return all those applications which were received prior to issuance of public notice dated 2nd Oct, 2008. In view of this, the Council came to the conclusion that WRC was right in refusing the recognition to the institution for conducting D.Ed course by closing the file of the institution.

AND WHEREAS after perusal of documents, memorandum of appeal, affidavit, VT Report and after hearing oral arguments advanced during hearing, the Council reached the conclusion that there was no ground to accept the appeal and that it should be rejected. Accordingly, the appeal was rejected and WRC’s order dated 14-03-09 was confirmed.

NOW THEREFORE, the Council hereby confirms the Order appealed against.

(Hasib Ahmad) Member Secretary

1. The Secretary, Sadguru Education Society, Gate No. 126/1A, Kusube Sivar, Air Port Road, Jalgaon Dist. - , Maharashtra 2. The Secretary, Ministry of Human Resource Development, Department of School Education & Literacy, Shastri Bhawan, New Delhi. 3. Regional Director, Western Regional Committee, Manas Bhawan,

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Shayamala Hills, Bhopal - 462002. 4. PS to Chairperson 5. The Secretary, Education (looking after Teacher Education) Government of Maharashtra, Mumbai.

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F.No.89-314/2009-Appeal

NATIONAL COUNCIL FOR TEACHER EDUCATION Hans Bhawan, Wing II, 1, Bahadurshah Zafar Marg, New Delhi - 110 002

14/07/2009

O R D E R

WHEREAS the appeal of Shri Lal Bahadur Shastri Shikshan Sanstha's Shri Vinayakrao Deshmukh College, Kata Dist. , Maharashtra dated 01/04/2009 is against the Order No. WRC/APWO6536/1222023/110th/SCN/2008 dated 25/03/2009 of the Western Regional Committee, refusing recognition for conducting D.Ed.(M)(Co-Ed) course on the grounds “Keeping in view of the negative recommendation received from the Maharashtra State Government in respect of D.Ed. course and directions received from NCTE Hqrs. the WRC decided that no further processing will be done in this case and communication to this effect to be made to this institution. As per above decision taken by WRC, the proposal of said institution is to be treated as closed, the FDRs towards Endowment Fund and Reserve Fund (in original) are returned herewith”.

AND WHEREAS the Correspondent, Shri Lal Bahadur Shastri Shikshan Sanstha's Shri Vinayakrao Deshmukh College (hereinafter referred to as the appellant), preferred an appeal dated 02/04/2009 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 Shri Wamanrao V. Deshmukh, Manager & Shri Rajeshwar V. Deshmukh, Director, Shri Lal Bahadur Shastri Shikshan Sanstha's Shri Vinayakrao Deshmukh College, Kata Dist. , Maharashtra presented the case of the appellant institution on 02-07-09. In the appeal and during personal presentation it was submitted that The petitioner institution has made ready the entire infrastructure required for the D.Ed. course as the proposal of the petitioner was under the positive consideration of the Respondent Regional Committee and even inspection was also carried and nothing short is found but still then proposal is turned down and as such this later refusal has adversely affected not only the petitioner but all the things and the concerned persons who are the part of the system of D.Ed. course. It is very well observed in Para No. 68 of the Judgement by the Hon'ble Supreme Court in the case of State of Maharashtra V/s Sant Dnyaneshwar Shikshan Sanstha Mahavidyalaya reported in 2006 (4) SCC page No. 1 that merely on the basis of the recommendation of the State Government it would not be valid as well as proper to refuse the recognition but in instant matter it is made. As per the knowledge of the petitioner institution the State of Maharashtra has not based its opposition to the new D.Ed. college on any scientific statistics coupled with proper reasons and as such there is no proper compliance of the directives by the state Government and so its objection is totally worthless.

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AND WHEREAS the Council noted that on the recommendation of some of the State Government including the Sate Govt. of Maharashtra not to further recognize/permit institutions for conducting B.Ed./D.Ed. course, a public notice was issued by the NCTE on 2-10-08 through the newspapers to the affect that application for D.Ed. course for the academic session 2009-10 from the State of Maharashtra would not be considered and all such applications shall be returned to the institution alongwith the processing fees and documents. the Council also noted that the said step taken by the NCTE was a temporary measure for regulating the growth of teacher training institutions pending state-wise assessment of the manpower requirement of teachers in the country. Accordingly, NCTE Hqrs. had vide its letters dated 1-10-2008 and 31-10-2008 directed all the Regional Directors of NCTE not to recognize/permit the institutions for conducting the specific teacher training course as specified in the public notice issued by NCTE and to return all those applications which were received prior to issuance of public notice dated 2nd Oct, 2008. In view of this, the Council came to the conclusion that WRC was right in refusing the recognition to the institution for conducting D.Ed course by closing the file of the institution.

AND WHEREAS after perusal of documents, memorandum of appeal, affidavit, VT Report and after hearing oral arguments advanced during hearing, the Council reached the conclusion that there was no ground to accept the appeal and that it should be rejected. Accordingly, the appeal was rejected and WRC’s order dated 25-03-09 was confirmed.

NOW THEREFORE, the Council hereby confirms the Order appealed against.

(Hasib Ahmad) Member Secretary

1. The Manager , Shri Lal Bahadur Shastri Shikshan Sanstha's Shri Vinayakrao Deshmukh College, Plot No. 115/1+2, Kata Railway Station Road, Kata, Dist. Washim - -, Maharashtra 2. The Secretary, Ministry of Human Resource Development, Department of School Education & Literacy, Shastri Bhawan, New Delhi. 3. Regional Director, Western Regional Committee, Manas Bhawan, Shayamala Hills, Bhopal - 462002. 4. PS to Chairperson 5. The Secretary, Education (looking after Teacher Education) Government of Maharashtra, Mumbai.

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F.No.89-315/2009-Appeal

NATIONAL COUNCIL FOR TEACHER EDUCATION Hans Bhawan, Wing II, 1, Bahadurshah Zafar Marg, New Delhi - 110 002

14/07/2009

O R D E R

WHEREAS the appeal of Shri Swami Samarth Education Society's Sane Guruji D.Ed. College, Latur Dist. , Maharashtra dated 25/04/2009 is against the Order No. WRC/APWO6653/12211989/110th/SCN/2008/54044 dated 16/04/2009 of the Western Regional Committee, refusing recognition for conducting D.Ed. (M) (CO-Ed) course on the grounds “WRC considered the case of the institution in light of letters dated 01.10.2008 and F.No. 49-27/2007/NCTE(N&S) dated 31.10.2008 received from Member Secretary, NCTE, New Delhi and negative recommendation received from Maharashtra State Govt. in respect of D.Ed. course. Keeping in view of the negative recommendation received from the Maharashtra State Government in respect of D.Ed. course and directions received from NCTE Hqs, the WRC decided that no further processing will be done in this case and communication to this effect to be made to this institution . As per above decision taken by WRC, the proposal of said institution is to be treated as closed, the FDRs towards Endowment Fund and Reserve Fund (in original) are returned herewith”.

AND WHEREAS the Correspondent, Shri Swami Samarth Education Society's Sane Guruji D.Ed. College (hereinafter referred to as the appellant), preferred an appeal dated 25/04/2009 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 Shri Nandakumar. J., Secretary & Shri Nalandwar, Shri Swami Samarth Education Society's Sane Guruji D.Ed. College, Latur Dist. , Maharashtra presented the case of the appellant institution on . In the appeal and during personal presentation it was submitted that “Respondent has to deal the cases filed U/s 14(3) of the Act on its own merits, no doubt of the guidelines issued by the Head office of the council are material but still then it gives no right to refuse the recognition if all other things are present and the institution is not disentitled to commence the course but in the instant case no such application of mind is apparent from the impugned order as impugned order is neither reasoned order nor it is based on the ground of any specific violation of any of the guideline issued by the Council. The petitioner institution has made ready the entire infrastructure required for the D.Ed. course as the proposal of the petitioner was under the positive consideration of the WRC and even inspection was also carried and nothing short is found but still then proposal is turned down and as such this later refusal has adversely affected not only the petitioner but all the things and the concerned persons who are the part of the system

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of D.Ed. course. It is very well observed in Para NO. 68 of the judgement by the hon'ble Supreme Court in the case of State of Maharashtra V/s Sant Dnyaneshwar Shikshan Shashtra Mahavidyalaya reported in 2006 (4) SCC page no. 1, that merely on the basis of the recommendation of the State Government it would not be valid as well as proper to refuse the recognition but in instant matter it is made. Nowhere it is clarified till this moment that what are the different grounds on which the State of Maharashtra has given its negative recommendation and so naturally it reveals that the respondent has failed to assess the reasonability as well as validity and sufficiency of the reasons if any such specific finding and the observations on the record it appears that the impugned order is erroneous”.

AND WHEREAS the Council noted that on the recommendation of some of the State Government including the Sate Govt. of Maharashtra not to further recognize/permit institutions for conducting B.Ed./D.Ed. course, a public notice was issued by the NCTE on 2-10-08 through the newspapers to the affect that application for D.Ed. course for the academic session 2009-10 from the State of Maharashtra would not be considered and all such applications shall be returned to the institution alongwith the processing fees and documents. the Council also noted that the said step taken by the NCTE was a temporary measure for regulating the growth of teacher training institutions pending state-wise assessment of the manpower requirement of teachers in the country. Accordingly, NCTE Hqrs. had vide its letters dated 1-10-2008 and 31-10-2008 directed all the Regional Directors of NCTE not to recognize/permit the institutions for conducting the specific teacher training course as specified in the public notice issued by NCTE and to return all those applications which were received prior to issuance of public notice dated 2nd Oct, 2008. In view of this, the Council came to the conclusion that WRC was right in refusing the recognition to the institution for conducting D.Ed course by closing the file of the institution.

AND WHEREAS after perusal of documents, memorandum of appeal, affidavit, VT Report and after hearing oral arguments advanced during hearing, the Council reached the conclusion that there was no ground to accept the appeal and that it should be rejected. Accordingly, the appeal was rejected and WRC’s order dated 16-04-09 was confirmed. as per above decision taken by WRC, the proposal of said institution is to be treated as closed, the FDRs towards Endowment Fund and Reserve Fund (in original) are returned herewith.

NOW THEREFORE, the Council hereby confirms the Order appealed against.

(Hasib Ahmad) Member Secretary

1. The Secretary, Shri Swami Samarth Education Society's Sane Guruji D.Ed. College, Plot No. 5,6,7,8 Khasara No. 77, Nideban Road, Udgir Road, Latur Dist. - , Maharashtra

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2. The Secretary, Ministry of Human Resource Development, Department of School Education & Literacy, Shastri Bhawan, New Delhi. 3. Regional Director, Western Regional Committee, Manas Bhawan, Shayamala Hills, Bhopal - 462002. 4. PS to Chairperson 5. The Secretary, Education (looking after Teacher Education) Government of Maharashtra, Mumbai.

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F.No.89-306/2009-Appeal

NATIONAL COUNCIL FOR TEACHER EDUCATION Hans Bhawan, Wing II, 1, Bahadurshah Zafar Marg, New Delhi - 110 002

14/07/2009

O R D E R

WHEREAS the appeal of Venkateshwara Shikshan Sanstha Sanchalit's Nanasaheb Mahadik Adhyapak Vidyalaya, Sangli Dist. , Maharashtra dated 20/04/2009 is against the Order No. WRc/APWO3985/123470/2009/53986 dated 14/04/2009 of the Western Regional Committee, refusing recognition for conducting B.Ed. course on the grounds “Keeping in view of the negative recommendation received from the Maharashtra State Government in respect of B.Ed. course and directions received from NCTE Hqrs, the WRC decided that no further processing will be done in this case and communication to this effect to be made to this institution. As per above decision taken by WRC, the proposal of said institution is to be treated as closed henceforth”.

AND WHEREAS the Correspondent, Venkateshwara Shikshan Sanstha Sanchalit's Nanasaheb Mahadik Adhyapak Vidyalaya (hereinafter referred to as the appellant), preferred an appeal dated 27/04/2009 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 Shri Rahul N. Mahadik, Secretary & Shri Rajaram S. Gaikwad, Joint Secretary Venkateshwara Shikshan Sanstha Sanchalit's Nanasaheb Mahadik Adhyapak Vidyalaya, Sangli Dist. , Maharashtra presented the case of the appellant institution on 02-07-09. In the appeal and during personal presentation it was submitted “the WRC Bhopal granted to our institution letter of Intent Prior to recognition on 24.10.2008. As directed by the Regional Director vide their letter dated 24.10.2008/05.11.2008. We have filed staff profile as required by NCTE norms and the same was submitted on 10.12.2008. However the Council has not considered the staff profile filed on 10.12.2008, and instead of issuing the Formal Recognition Order under regulation 7(11) of the NCTE Act, intimated us the file was closed”.

AND WHEREAS the Council noted that on the recommendation of some of the State Government including the Sate Govt. of Maharashtra not to further recognize/permit institutions for conducting B.Ed. course, that application for B.Ed. course for the academic session 2009-10 from the State of Maharashtra would not be considered and all such applications shall be returned to the institution alongwith the processing fees and documents. the Council also noted that the said step taken by the NCTE was a temporary measure for regulating the growth of teacher training institutions pending state-wise assessment of the manpower requirement of teachers in the

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country. Accordingly, NCTE Hqrs. had vide its letter dated 02-11-2008 directed the Regional Director, WRC-Bhopal not to recognize/permit the institutions for conducting the specific teacher training course as specified in the letter issued by NCTE and to return all those applications which were received prior to issuance of public notice dated 2nd Oct, 2008. In view of this, the Council came to the conclusion that WRC was right in refusing the recognition to the institution for conducting B.Ed course by closing the file of the institution.

AND WHEREAS after perusal of documents, memorandum of appeal, affidavit, VT Report and after hearing oral arguments advanced during hearing, the Council reached the conclusion that there was no ground to accept the appeal and that it should be rejected. Accordingly, the appeal was rejected and WRC’s order dated 14-04-09 was confirmed.

NOW THEREFORE, the Council hereby confirms the Order appealed against.

(Hasib Ahmad) Member Secretary

1. The Secretary, Venkateshwara Shikshan Sanstha Sanchalit's Nanasaheb Mahadik Adhyapak Vidyalaya, Peth Naka, Tal. Walwa, Sangli Dist. - , Maharashtra 2. The Secretary, Ministry of Human Resource Development, Department of School Education & Literacy, Shastri Bhawan, New Delhi. 3. Regional Director, Western Regional Committee, Manas Bhawan, Shayamala Hills, Bhopal - 462002. 4. PS to Chairperson 5. The Secretary, Education (looking after Teacher Education) Government of Maharashtra, Mumbai.

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F.No.89-325/2009-Appeal

NATIONAL COUNCIL FOR TEACHER EDUCATION Hans Bhawan, Wing II, 1, Bahadurshah Zafar Marg, New Delhi - 110 002

14/07/2009

O R D E R

WHEREAS the appeal of Agragati Primary Teacher's Training Institute , Howrah Dist., West Bengal dated 04/04/2009 is against the Order No. ERC/7-92.6(I).1/2009/15288 dated 21/02/2009 of the Eastern Regional Committee, refusing recognition for conducting ETE (D.Ed.) course on the grounds “1) The application is pertaining to year 2006 and Letter of intent u/s 7(11) of Regulations 2005 has been issued to the institution vide letter No. 8535 dated 03.07.2007. The institution failed to comply the conditions as per NCTE norms & Regulations. 2) Total area and built up area have not been mentioned in the building completion certificate. 3) List of teaching staff is not countersigned by competent authority of the affiliating body. As per the list, no teacher possesses qualification as per NCTE norms. 4) Translated version of Notarized land deed has not been submitted. 5) Plot No. Total area and built up area has not been mentioned in the fresh building plan submitted by the institution. It is not approved by Pradhan”.

AND WHEREAS the Correspondent, Agragati Primary Teacher's Training Institute (hereinafter referred to as the appellant), preferred an appeal dated 08/04/2009 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 Shri Tapan Mandal, President, Shri Arjit Basu, Member, Kirou Sankar Dutt, Member Agragati Primary Teacher's Training Institute , Howrah Dist., West Bengal presented the case of the appellant institution on 02-07-09. In the appeal and during personal presentation it was submitted that ERC issued a conditional recognition letter dated 03-07-07, directing the appellant to comply with the condition laid in it within 30 days. In response to this letter the appellant vide its letter dated 02-07-09 informed ERC that the institution approached West Bengal Board of Primary Education along with the related documents on 17-07-07 for affiliation; as the institution did not receive any communication from the affiliating body, it requested WRC to grant some more time; The institution again on 05-09-07 informed ERC that affiliating body vide its letter dated 24-08-07 stated that issuance of affiliation was sub-judice as a PIL, W.P. No.4107 (W) of 2006 was still pending in the court; The appellant, finally on 09-05-08 provided all information and documents as demanded by ERC. It was also stated the staff list was not countersigned by the affiliating body, as the matter of affiliation was subjudice. The institution also submitted that and it was having 5214 Sq.mt. of land and 1008.3 Sq.mt. of built-up area as per norms.

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AND WHEREAS the Council noted that the delay in submission of staff list was due to pending decision regarding affiliation of the institution by the West Bengal Board of Primary Education. It observed from the staff list that one Principal and five Lecturers were selected by the Selection Committee and they were qualified as per norms. It was also noted that the question regarding details pertaining to the land and built-up area should not have been raised by ERC after the issue of letter of intent. The committee, therefore, came to the conclusion that there was enough justification for accepting the appeal.

AND WHEREAS after perusal of documents, memorandum of appeal, affidavit, VT Report and after hearing oral arguments advanced during the hearing, the Council reached the conclusion that there was enough ground to accept the appeal and that it should be accepted. Accordingly, the appeal was accepted and ERC’s order dated 21-02-09 was set aside with direction to the ERC to grant recognition to the institution immediately

NOW THEREFORE, the Council hereby reverses the Order appealed against.

(Hasib Ahmad) Member Secretary

1. The President, Agragati Primary Teacher's Training Institute , Vill-PO-Rashpur, PS- Amta , Howrah Dist. - 711401, West Bengal 2. The Secretary, Ministry of Human Resource Development, Department of School Education & Literacy, Shastri Bhawan, New Delhi. 3. Regional Director, Eastern Regional Committee, 15, Neelkanth Nagar, Nayapalli, Bhubaneshwar - 751 012. 4. PS to Chairperson 5. The Secretary, Education (looking after Teacher Education) Government of West Bengal, Kolkata.

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F.No.89-204/2009-Appeal

NATIONAL COUNCIL FOR TEACHER EDUCATION Hans Bhawan, Wing II, 1, Bahadurshah Zafar Marg, New Delhi - 110 002

14/07/2009

O R D E R

WHEREAS the appeal of Bharathy Teacher Training Institute, Villupuram Dist., Tamilnadu dated 08/03/2009 is against the Order No. F.SRO/NCTE/2008-2009/2009/8270 dated 05/01/2009 of the Southern Regional Committee, withdrawing recognition for conducting D.T.Ed course on the grounds “(1) As per the regulations dated 10.12.2007 the total built up area should be 1000 sq.mt, the total built up area available is 7409 sq.ft. which is only 696 sq.mt. which is less than the prescribed area as per NCTE norms. (2) As per para 8(10) of regulations dated 10.12.2007, no temporary structure/asbestos roofing shall be allowed. Whereas, the institution has asbestos roof sheets for housing the institution. (3) As per Regulations, norms and standards published in the Gazette notification with effect from 10.12.2007 para 8(13) reads as follows. "Whenever there are changes in the norms and standards for the course of training in teacher education, the institution shall comply with the requirements laid down in the revised norms and standards immediately but not later than the date of commencement of the next academic session, subject to conditions prescribed in the revised norms".

AND WHEREAS the Correspondent, Bharathy Teacher Training Institute (hereinafter referred to as the appellant), preferred an appeal dated 20/03/2009 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 R. Vivekanandhan, Representative & R. Arulomonclan, Trustee, Bharathy Teacher Training Institute, Villupuram Dist., Tamilnadu presented the case of the appellant institution on 02-07-09 . In the appeal and during personal presentation it was submitted “The appellant institute is already having more than 10000 sq.ft. of built up area which is suitable as well as more than enough for conducting Diploma Level Teacher Education Programme as per the NCTE norms in the year 2006 and 2007. Since the same was amended by Regulations dated 27.11.2007, which came into force on 10.12.2007, the total built up area was fixed 1000 sq.mt. The appellant Management had taken all necessary steps to have the built up area more than 1000 sq.mt. and which fact has not even verified by the Regional Committee before invoking Section 17 and no inspection has been made in this regard. Hence this reason adduced in the impugned order is totally unjustifiable and unsustainable. The appellant institution is having the pucca permanent structure in the permanent locality belonging to the Management. There was absolutely no scope to have any temporary structure. According to 2006 norms, there is no specific restriction as regards

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the type of building to say that it must be RCC Roofing or asbestos roofing. Many number of institution in the State of Tamil Nadu which were recognised by the Regional Committee during the academic year 2006-07 or prior to that are having Asbestos Roof building since there were no specific restrictions in the said regulation 2006 that there should not be any asbestos roofing. The very invoking of Section 17 in the case of the appellant without having the inspection through the visiting team of the respondent is totally unlawful and cannot be sustained in the eye of law. The total built up area as well as the nature of building has been suitably modified as per the 2007 Regulations and the reasons cited in the impugned Order of the respondent based on the allegation made by the State Directorate in their letter dated 20.06.2008 are totally false one because one of the reasons alleged in the State Directorate proceedings is that the appellant did not even appoint the teaching staff. The fact remains that the teaching staff were duly appointed and the Dist Level office had verified the staff members and forwarded the same as early as on 20.06.2007 itself. in this regards, a direction was also issued by the High Court, Madras in the earlier round of litigation”.

AND WHEREAS the Council observed that the appellant’s institution was granted recognition for D.T.Ed course on 27-03-07, after causing two inspections; DTERT, the affiliating body conducted the inspection of the institution and reported certain deficiencies found in the institutions vide its letter dt. 20-06-08 to SRC, Bangalore; SRC Bangalore upon consideration of this report issued show cause notice on 24-10-08 and a sequel to this it had withdrawn recognition vide its order dated 05-01-09. The committee noted that village Panchayat office on 29-12-08 issued a completion certificate stating that the appellant’s trust constructed ACC shed around 12,228 sq. ft. and then converted into RCC roof in all respects to run D.T.Ed course. the Council also noted that normally a final decision regarding withdrawal of recognition of an institution is taken after an inspection of the institution is conducted by the NCTE and in the present case no inspection of the institution was conducted before withdrawing recognition u/s 17 of the NCTE Act. the Council also noted that institution had claimed that it upgraded the facilities to conform to the provisions in the new regulations. Therefore, the Council, was of the view that the case should be remanded back to the SRC, for getting an inspection of the institution to verify the position, on payment of requisite fee by the institution.

AND WHEREAS after perusal of documents, memorandum of appeal, affidavit and after hearing oral arguments advanced during the hearing, the Council reached the conclusion that the institution, on payment of requisite fee, should be got inspected to ascertain availability of necessary infrastructure, instructional and other facilities in accordance with the revised norms prescribed by the NCTE. Accordingly, the Council set aside the withdrawal of affiliation order dated 5-01-09 of the SRC and remanded back the case for inspection of the Institution immediately and thereafter, to issue order accordingly.

NOW THEREFORE, the Council hereby remands back the case of

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Bharathy Teacher Training Institute, Villupuram Dist., Tamilnadu to the SRC, NCTE, for necessary action as indicated above.

(Hasib Ahmad) Member Secretary

1. The Correspondent, Bharathy Teacher Training Institute, C. Meyyur & Post, Pallaripalayam, Tirukoilur Taluk, Villupuram Dist. - 605803, Tamilnadu 2. The Secretary, Ministry of Human Resource Development, Department of School Education & Literacy, Shastri Bhawan, New Delhi. 3. Regional Director, Southern Regional Committee, 1st Floor, CSD Building, HMT Post, Jalahali, Bangalore - 560 031. 4. PS to Chairperson 5. The Secretary, Education (looking after Teacher Education) Government of Tamilnadu, Chennai.

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F.No.89-318/2009-Appeal

NATIONAL COUNCIL FOR TEACHER EDUCATION Hans Bhawan, Wing II, 1, Bahadurshah Zafar Marg, New Delhi - 110 002

14/07/2009

O R D E R

WHEREAS the appeal of Dr. C.H. Kawchale Charitable Trust's Karmayogi Shri H.R. Kawchale Adhyapak Vidyalaya, Kolhapur Dist. , Maharashtra dated 30/04/2009 is against the Order No. WRC/APWO4987/1221256/110/VTR/2008/54441 dated 21/04/2009 of the Western Regional Committee, refusing recognition for conducting D.Ed. (M) (CO-Ed) course on the grounds “Keeping in view of the negative recommendation received from the Maharashtra State Government in respect of D.Ed. course and directions received from NCTE Hqrs, the WRC decided that no further processing will be done in this case and communication to this effect to be made to this institution. As per above decision taken by WRC, the proposal of said institution is to be treated as closed, the FDRs towards Endowment Fund and Reserve Fund (in original) are returned herewith”.

AND WHEREAS the Correspondent, Dr. C.H. Kawchale Charitable Trust's Karmayogi Shri H.R. Kawchale Adhyapak Vidyalaya (hereinafter referred to as the appellant), preferred an appeal dated 30/04/2009 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 Dr. C.H. Kawchale, President, Dr. C.H. Kawchale Charitable Trust's Karmayogi Shri H.R. Kawchale Adhyapak Vidyalaya, Kolhapur Dist. , Maharashtra presented the case of the appellant institution on 02-07-09. In the appeal and during personal presentation it was submitted “the refusal made by giving mere reference numbers of the letters bearing Ref Nos. dated 17.09.2008, 01.10.2008 and 31.10.2008 issued by the Member Secretary of NCTE, New Delhi is not the perfect, complete and clear cause for refusal as nowhere the respondent has clarified the contents of these letters and how those affect in negative in refusal of the recognition. The petitioner institution has made ready the entire infrastructure required for the D.Ed. course as the proposal of the petitioner was under the positive consideration of the Respondent Regional Committee and even inspection was also carried and nothing short is found but still then proposal is turned down and as such this latter refusal has adversely affected not only the petitioner but all the things and the concerned persons who are the part of the system of D.Ed. course. It is very well observed in Para No. 68 of the judgment by the Hon'ble Supreme Court in the case of State of Maharashtra V/s Sant Dnyaneshwar Shiksha Shashtra Mahavidyalaya reported in 2006 (4) SCC Page No. 1 that merely on the basis of the recommendation of the State Government it would not be valid as well as proper to refuse the recognition but in instant matter it is made. Nowhere it is clarified till this moment that what are the different grounds on which the State of Maharashtra has given its negative recommendation

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and so naturally it reveals that the respondent has failed to assess the reasonability as well as validity and sufficiency of the reasons, if any are given by the State of Maharashtra. In the absence of any such specific finding and the observations on the record it appears that the impugned order is erroneous”.

AND WHEREAS the Council noted that on the recommendation of some of the State Government including the Sate Govt. of Maharashtra not to further recognize/permit institutions for conducting B.Ed./D.Ed. course, a public notice was issued by the NCTE on 2-10-08 through the newspapers to the affect that application for D.Ed. course for the academic session 2009-10 from the State of Maharashtra would not be considered and all such applications shall be returned to the institution alongwith the processing fees and documents. the Council also noted that the said step taken by the NCTE was a temporary measure for regulating the growth of teacher training institutions pending state-wise assessment of the manpower requirement of teachers in the country. Accordingly, NCTE Hqrs. had vide its letters dated 1-10-2008 and 31-10-2008 directed all the Regional Directors of NCTE not to recognize/permit the institutions for conducting the specific teacher training course as specified in the public notice issued by NCTE and to return all those applications which were received prior to issuance of public notice dated 2nd Oct, 2008. In view of this, the Council came to the conclusion that WRC was right in refusing the recognition to the institution for conducting D.Ed course by closing the file of the institution.

AND WHEREAS after perusal of documents, memorandum of appeal, affidavit, VT Report and after hearing oral arguments advanced during hearing, the Council reached the conclusion that there was no ground to accept the appeal and that it should be rejected. Accordingly, the appeal was rejected and WRC’s order dated 21-04-09 was confirmed.

NOW THEREFORE, the Council hereby confirms the Order appealed against.

(Hasib Ahmad) Member Secretary

1. The President , Dr. C.H. Kawchale Charitable Trust's Karmayogi Shri H.R. Kawchale Adhyapak Vidyalaya, City Blood Bank, 1980, Rajarampuri 9th Lane, , Kolhapur Dist. - 416008, Maharashtra 2. The Secretary, Ministry of Human Resource Development, Department of School Education & Literacy, Shastri Bhawan, New Delhi. 3. Regional Director, Western Regional Committee, Manas Bhawan, Shayamala Hills, Bhopal - 462002. 4. PS to Chairperson 5. The Secretary, Education (looking after Teacher Education) Government of Maharashtra, Mumbai.

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F.No.89-323/2009-Appeal

NATIONAL COUNCIL FOR TEACHER EDUCATION Hans Bhawan, Wing II, 1, Bahadurshah Zafar Marg, New Delhi - 110 002

14/07/2009

O R D E R

WHEREAS the appeal of Konkan Agriculture, Education & Research Institute, Ratnagiri Dist., Maharashtra dated 29/04/2009 is against the Order No. WRC/APWO7878/125229/123521/116th/2009/54776 dated 29/04/2009 of the Western Regional Committee, refusing recognition for conducting M.Ed. (M)(Co-Ed) course on the grounds “WRC in its 116th WRC meeting held on April 3-5, 2009 came to the conclusion that the institution has not removed the deficiencies within the stipulated period of 90 days u/s14 of NCTE regulations 2005. The application is closed and FDR for Rs.5 lakh and Rs. 3 lakh is returned in original”

AND WHEREAS the Correspondent, Konkan Agriculture, Education & Research Institute (hereinafter referred to as the appellant), preferred an appeal dated 29/04/2009 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 Dr. Gurav K.S., Principal & Shri Surve P.B. Sr. Clerk, Konkan Agriculture, Education & Research Institute, Ratnagiri Dist., Maharashtra presented the case of the appellant institution on . In the appeal and during personal presentation it was submitted that “the appellant complied with the deficiencies vide its letter dated 23-02-09, in response to WRC’s deficiency letter dated 22-01-09 and submitted translated copy of legally valid land document, FDR’s for Rs.5 lakh and 4.3 lakh; a sworn affidavit of Rs.100/- stamp paper duly attested by Notary and CLU issued by the Sarpanch of Gram Panchayat. However, again on 8-04-09, it submitted CLU by Tahsildar Office, well before the expiry of the stipulated period of 90 days. It was further stated that it had been conducting D.Ed. and B.Ed. courses in the same premises and now proposed for M.Ed. course and therefore, the matter of CLU was already resolved. It was further submitted that the trust was also running B.Sc. Agriculture, Engineering College, Junior College and Arts & Commerce degree college”.

AND WHEREAS the Council noted that the appellant complied with all the deficiencies, including the CLU by Tahsildar as pointed out in the deficiency letter dated 22-01-09 of WRC, within the stipulated period of 90 days. It further observed that it was running B.Ed. and D.Ed. already and now proposed for M.Ed. course. the Council, therefore came to a conclusion that there was enough justification in accepting the appeal and the case may be remanded back to process the application further, as per

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the procedure and a comprehensive inspection may be conducted to ascertain the availability of infrastructure, instructional and other facilities for all the existing programmes and the proposed one, as per the NCTE norms.

AND WHEREAS after perusal of documents, memorandum of appeal, affidavit and after hearing oral arguments advanced during the hearing, the Council reached the conclusion that the institution should be got inspected to ascertain availability of necessary infrastructure, instructional and other facilities in accordance with the norms prescribed by the NCTE to become eligible for recognition by the NCTE. Accordingly, the Council remanded back the case to WRC for conducting a comprehensive inspection of the Institution immediately and thereafter, to issue order accordingly.

NOW THEREFORE, the Council hereby remands back the case of Konkan Agriculture, Education & Research Institute, Ratnagiri Dist., Maharashtra to the WRC, NCTE, for necessary action as indicated above.

(Hasib Ahmad) Member Secretary

1. The Secretary, Konkan Agriculture, Education & Research Institute, At. Post - Palvan, Tal. - Chiplun , Ratnagiri Dist. - , Maharashtra 2. The Secretary, Ministry of Human Resource Development, Department of School Education & Literacy, Shastri Bhawan, New Delhi. 3. Regional Director, Western Regional Committee, Manas Bhawan, Shayamala Hills, Bhopal - 462002. 4. PS to Chairperson 5. The Secretary, Education (looking after Teacher Education) Government of Maharashtra, Mumbai.

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F.No.89-329/2009-Appeal

NATIONAL COUNCIL FOR TEACHER EDUCATION Hans Bhawan, Wing II, 1, Bahadurshah Zafar Marg, New Delhi - 110 002

14/07/2009

O R D E R

WHEREAS the appeal of Late Devshibapa Smarak Education Trust's Saraswati Mahila B.Ed. College, Junagadh Dist., Gujarat dated 18/05/2009 is against the Order No. WRC/APWO1529/323229/117th/2009/54786 dated 29/04/2009 of the Western Regional Committee, withdrawing recognition for conducting B.Ed. course on the grounds “1) Land is not in the bane of college/trust. 2) Building plan not approved by the competent authority. 3) Built up area not as per NCTE norms”.

AND WHEREAS the Correspondent, Late Devshibapa Smarak Education Trust's Saraswati Mahila B.Ed. College (hereinafter referred to as the appellant), preferred an appeal dated 21/05/2009 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 Shri Dodiya Narendra Singh, Professor & Shri Chariya Nilesh , Late Devshibapa Smarak Education Trust's Saraswati Mahila B.Ed. College, Junagadh Dist., Gujarat presented the case of the appellant institution on 02-07-09. In the appeal and during personal presentation it was submitted that the trust was in possession of land (726 Sq.mt.) and building (2550 Sq.mts. three storey building) on 30 years lease. Further, the trust had started the process to acquire the land and to construct college building by ownership and the procedure was under process. There was also an open area of 1679.30 Sq.mts. in the college campus”.

AND WHEREAS the Council noted that the WRC got an inspection of the institution conducted u/s17 of the NCTE Act on 11-01-09 on the basis of complaint received and the VT report was negative and it indicated that the trust took a community hall building, having an area of 726.67 Sq.mt, of Shree Sorathiya Prajapati Sheebai Ashram, on rent lease for 30 years and original land document was not available with the trust; the faculty was not approved by the university; it barely satisfied NCTE norms’. the Council also noted from the building plan that it was having 1223.55 sq.mt. of land 666.83 sq.mt. of built-up area, which were not adequate as per norms. It further noted from the lease agreement dated 29-10-04 that the trust had taken 660.83 Sq.mt. of building of Saraswati Academy Campus, on 40 years lease from a private party. In view of the above the Council, came to the conclusion that there was no justification in accepting the appeal and that it should be rejected.

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AND WHEREAS after perusal of documents, memorandum of appeal, affidavit, VT Report and after hearing oral arguments advanced during hearing, the Council reached the conclusion that there was no ground to accept the appeal and that it should be rejected. Accordingly, the appeal was rejected and WRC’s order dated 29-04-09 was confirmed.

NOW THEREFORE, the Council hereby confirms the Order appealed against.

(Hasib Ahmad) Member Secretary

1. The President, Late Devshibapa Smarak Education Trust's Saraswati Mahila B.Ed. College, Talala (GIR) , Junagadh Dist. - 362150, Gujarat 2. The Secretary, Ministry of Human Resource Development, Department of School Education & Literacy, Shastri Bhawan, New Delhi. 3. Regional Director, Western Regional Committee, Manas Bhawan, Shayamala Hills, Bhopal - 462002. 4. PS to Chairperson 5. The Secretary, Education (looking after Teacher Education) Government of Gujarat, Gandhinagar.

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F.No.89-327/2009-Appeal

NATIONAL COUNCIL FOR TEACHER EDUCATION Hans Bhawan, Wing II, 1, Bahadurshah Zafar Marg, New Delhi - 110 002

14/07/2009

O R D E R

WHEREAS the appeal of Minerva Academy B.Ed. College, Murshidabad Dist., West Bengal dated 21/04/2009 is against the Order No. ERC/7-92.8.52/2009/15264 dated 24/02/2009 of the Eastern Regional Committee, refusing recognition for conducting B.Ed. course on the grounds “1) The institution vide its letter dated 09.05.2008 have informed ERC to stop processing of application for B.Ed. course and to process their earlier application for PTT (D.Ed.) course. 2) The institution was granted recognition to PTT course of two year duration with an annual intake of 50 from the academic session 2009-10 vide Order dated 23.12.2008 and as per provisions under para 8(2) of NCTE regulations 2007, In the first instance, an institution shall be considered for grant of recognition for only one course for the basic unit as prescribed in the norms and standards for the particular teacher education programme. An institution can apply for one basic unit of an additional course from the subsequent academic session. However application for not more than one additional course can be made in a year”.

AND WHEREAS the Correspondent, Minerva Academy B.Ed. College (hereinafter referred to as the appellant), preferred an appeal dated 24/04/2009 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 Shri Tapas Kumar Mondal, Secretary & Shri Subhabrata Mazumdar, Member, Minerva Academy B.Ed. College, Murshidabad Dist., West Bengal presented the case of the appellant institution on 02-07-09. In the appeal and during personal presentation it was submitted that institution vide its letter 9-5-08 requested the ERC to stop processing of application for B.Ed. in order to keep the same in abeyance for the time being till recognition was granted for PTT (D.Ed.) course of the same institution . It was further submitted that the application for PTT (D.Ed.) course was submitted for the academic session 2005-06 and the application for the B.Ed. course was submitted for the session 2009-10 and thus the finding of the authorities on the aforesaid provision was thoroughly misconceived.

AND WHEREAS the Council noted that as per Regulation 8(2) of NCTE Regulation 2007, in the first instance , an institution shall be considered for grant of recognition for only once course for the basic unit as prescribed in the norms and standards for the particular teacher education programme.

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An institution can apply for one basic unit of an additional course from the subsequent academic session. However application for not more than one additional course can be made in a year. Therefore, the Council was of the view that there was no justification for accepting the appeal and that the institution was free to apply for recognition of B.Ed course from the subsequent academic session as per the provisions in the NCTE Act/Regulations.

AND WHEREAS after perusal of documents, memorandum of appeal, affidavit, VT Report and after hearing oral arguments advanced during hearing, the Council reached the conclusion that there was no ground to accept the appeal and that it should be rejected. Accordingly, the appeal was rejected and ERC’s order dated 24-02-09 was confirmed.

NOW THEREFORE, the Council hereby confirms the Order appealed against.

(Hasib Ahmad) Member Secretary

1. The Secretary, Minerva Academy B.Ed. College, P.O. Amritakunda, P.S. Nabagram, Murshidabad Dist. - 742136, West Bengal 2. The Secretary, Ministry of Human Resource Development, Department of School Education & Literacy, Shastri Bhawan, New Delhi. 3. Regional Director, Eastern Regional Committee, 15, Neelkanth Nagar, Nayapalli, Bhubaneshwar - 751 012. 4. PS to Chairperson 5. The Secretary, Education (looking after Teacher Education) Government of West Bengal, Kolkata.

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F.No.89-285/2009-Appeal

NATIONAL COUNCIL FOR TEACHER EDUCATION Hans Bhawan, Wing II, 1, Bahadurshah Zafar Marg, New Delhi - 110 002

14/07/2009

O R D E R

WHEREAS the appeal of Shri Vestabhai H. Patel College of B.Ed. , Valsad Dist., Gujarat dated 04/05/2009 is against the Order No. WRC/APWO2538/323284/116th/2008/54238 dated 18/04/2009 of the Western Regional Committee, withdrawing recognition for conducting B.Ed course on the grounds “Qualified Principal not appointed within the given time”.

AND WHEREAS the Correspondent, Shri Vestabhai H. Patel College of B.Ed. (hereinafter referred to as the appellant), preferred an appeal dated 06/05/2009 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 Shri Rumeshbhai B. Padri, President, Shri . H.J. Mirza, Director & Shri Darshana D. Patel I/C Principal, Shri Vestabhai H. Patel College of B.Ed. , Valsad Dist., Gujarat presented the case of the appellant institution on . In the appeal and during personal presentation it was submitted that WRC letter dated 01-03-09 was received by us on 12-03-09. and the authority has given 30 days time appoint the Principal; the interview to select the principal through University guided interview procedure was conducted on 08-03-09, at the affiliating University Head Quarters at Surat. The appointment of the Principal was communicated to NCTE, Bhopal through their letter on 11-04-09 through the following media.-Fax on 11-04-09, E-mail on the id ([email protected]). & Registered post on 11.04.2009. The trust has fulfilled the recognition condition the appointment of the Principal in the stipulated time before 12-04-09

AND WHEREAS the Council noted that the appellant’s institution had been conducting B.Ed course since 2007-08.; on the basis of the AU Patel’s observation, WRC conducted inspection of the institution u/S 17 of the NCTE Act on 08-06-08 and the report stated that the Principal need to be appointed. It further noted that WRC vide its letter dated 04.03.09 informed the institution to appoint qualified principal and the institution in compliance to this letter invited applications through advertisement and the selection committee constituted by the affiliating university, on 08-04-09, selected Dr. Jayant A. Shah for the post of the Principal who is qualified as per NCTE norms. The Council, was therefore, of the view that there was adequate ground for accepting the appeal.

AND WHEREAS after perusal of documents, memorandum of appeal,

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affidavit, VT Report and after hearing oral arguments advanced during the hearing, the Council reached the conclusion that there was enough ground to accept the appeal and that it should be accepted. Accordingly, the appeal was accepted and WRC’s order dated 18-4-09 was set aside with direction to the WRC to grant recognition to the institution immediately.

NOW THEREFORE, the Council hereby reverses the Order appealed against.

(Hasib Ahmad) Member Secretary

1. The President/Secretary, Shri Vestabhai H. Patel College of B.Ed. , At. & Po. Kangavi. Tal Dharmpur, Valsad Dist. - 396050, Gujarat 2. The Secretary, Ministry of Human Resource Development, Department of School Education & Literacy, Shastri Bhawan, New Delhi. 3. Regional Director, Western Regional Committee, Manas Bhawan, Shayamala Hills, Bhopal - 462002. 4. PS to Chairperson 5. The Secretary, Education (looking after Teacher Education) Government of Gujarat, Gandhinagar.

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F.No.89-312/2009-Appeal

NATIONAL COUNCIL FOR TEACHER EDUCATION Hans Bhawan, Wing II, 1, Bahadurshah Zafar Marg, New Delhi - 110 002

14/07/2009

O R D E R

WHEREAS the appeal of Aurangabad Primary Teacher's Training Institute, Murshidabad Dist., West Bengal dated 22/05/2009 is against the Order No. ERC/7-94.8.48/2009/16210 dated 25/04/2009 of the Eastern Regional Committee, refusing recognition for conducting PTT (D.Ed.) course on the grounds “ 1) The land is on lease basis from the private party. As per the provisions under regulation 8(7) of NCTE (Recognition Norms and Procedure) regulations. 2007 regarding possession of land by the institutions, the land should be in the name of institution concerned either on ownership basis or on lease basis from the Govt./Govt. Institution for a period not less than 30 years and it is free from all encumbrances. 2) Building completion certificate not countersigned by the Govt. Engineer only signed by the Pradhan”.

AND WHEREAS the Correspondent, Aurangabad Primary Teacher's Training Institute (hereinafter referred to as the appellant), preferred an appeal dated 22/04/2009 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 Shri Dipak Kumar Das, Vice Principal & Shri Bibhas Sarkar, Aurangabad Primary Teacher's Training Institute, Murshidabad Dist., West Bengal presented the case of the appellant institution on 02-07-09. In the appeal and during personal presentation it was submitted that the Institution was having adequate land and built-up area in the name of the trust and that building completion certificate signed by the Pradhan was got countersigned by the Govt. Engineer as advised by the ERC but in the meantime the recognition to the institution was refused by the ERC on wrong grounds.

AND WHEREAS the Council noted that at the time of application the trust was having 14.50 acre of land on ownership basis, as per the land document executed on 28-10-08 and the trust transferred this land to the institution on ownership basis on 12-05-09. It also noted that building completion certificate was issued on 23.02.09 by competent civic authority i.e. Pradhan of village Panchayat office and this was countersigned by the Govt. Engineer. the Council therefore was of the view that there was adequate justification for accepting the appeal and remanding back the case for inspection of the institution”.

AND WHEREAS after perusal of documents, memorandum of appeal,

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affidavit and after hearing oral arguments advanced during the hearing, the Council reached the conclusion that the institution should be got inspected to ascertain availability of necessary infrastructure, instructional and other facilities in accordance with the norms prescribed by the NCTE to become eligible for recognition by NCTE. Accordingly, the Council remanded back the case to the ERC for inspection of the Institution immediately and thereafter, to issue order accordingly.

NOW THEREFORE, the Council hereby remands back the case of Aurangabad Primary Teacher's Training Institute, Murshidabad Dist., West Bengal to the ERC, NCTE, for necessary action as indicated above.

(Hasib Ahmad) Member Secretary

1. The President, Aurangabad Primary Teacher's Training Institute, Vill - Aurangabad, PO- Aurangabad , Murshidabad Dist. - 742201, West Bengal 2. The Secretary, Ministry of Human Resource Development, Department of School Education & Literacy, Shastri Bhawan, New Delhi. 3. Regional Director, Eastern Regional Committee, 15, Neelkanth Nagar, Nayapalli, Bhubaneshwar - 751 012. 4. PS to Chairperson 5. The Secretary, Education (looking after Teacher Education) Government of West Bengal, Kolkata.

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F.No.89-303/2009-Appeal

NATIONAL COUNCIL FOR TEACHER EDUCATION Hans Bhawan, Wing II, 1, Bahadurshah Zafar Marg, New Delhi - 110 002

14/07/2009

O R D E R

WHEREAS The appeal of Mass Education Primary Teachers Training Institute, South 24 Parganas, West Bengal dated 13/04/2009 is against the Order No. ERC/7-92.6(II).1/2009/15296 dated 24/02/2009 of the Eastern Regional Committee, refusing recognition for conducting PTT (D.Ed.) course on the grounds “1) The application is pertaining to year 2006. After two inspections several Notices U/s 14(3) (b) were issued to the institution, which failed to comply the conditions as per NCTE norms & Regulations. 2) The particulars and list of teaching staff in prescribed format has not been submitted. Three out of five lecturers are not qualified as per NCTE norms. Complete details of appointment of teaching staff have not been submitted. 3) Supporting documents regarding facilities of language learning have not been submitted. 4) Fresh affidavit in original on Rs. 100/- stamp paper has not been submitted. 5) Building completion certificate from the Pradhan is not countersigned by any Engineer. 6) Unapproved building plan submitted. Copy of approved building plan mentioning the plot no. total area and built up area for the proposed course from the competent authority have not been submitted”.

AND WHEREAS the Correspondent, Mass Education Primary Teachers Training Institute (hereinafter referred to as the appellant), preferred an appeal dated 15/04/2009 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 Shri. Sukumar Singh, President, Mass Education Primary Teachers Training Institute, South 24 Parganas, West Bengal presented the case of the appellant institution on 01-07-09. In the appeal and during personal presentation it was submitted that the institution had furnished list of five teaching staff in the prescribed format and they were qualified as per the NCTE norms. As regards objection at Sl.No.3 regarding non submission of supporting documents pertaining to facilities of language learning, it was submitted that language learning material like audio, video, LCD Projector etc. were already fixed and that faculty members were also recruited. Regarding objections at Sl.No.4,5 &6, it was submitted that fresh affidavit, building completion certificate countersigned by the Engineer and approved building plan have been forwarded by the institution alongwith the appeal.

AND WHEREAS The Council noted that the building plan was approved by the competent civic authority; language learning lab was inadequately equipped; the building plan was approved on 11.09.08 by Pradhan of village Panchayat office and it indicated plot No. as well as area details. It further noted that VTR dt 19.07.08 was positive. It however noted that the teaching faculty was appointed on contractual basis, which was not as per the NCTE norms. But looking into the problems of primary

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teacher education in the state of West Bengal, the Council was of the opinion that the appeal may be accepted and the case may be remanded back to ERC, within an instruction to the institution to appoint staff as per norms, through West Bengal commission, with in a year and submit its compliance report to ERC.

AND WHEREAS After perusal of documents, memorandum of appeal, affidavit, VTR and after hearing oral arguments advanced during hearing, the Council reached the conclusion that there was enough ground to accept the appeal and the case should be remanded back to the ERC to grant recognition to the institution immediately, within an instruction to the institution to appoint staff as per norms, through West Bengal commission, with in a year and submit its compliance report to ERC. Accordingly, the appeal was accepted and the case was remanded back to the ERC for granting the recognition to the institution immediately.

NOW THEREFORE, the Council hereby remands back the case of Mass Education Primary Teachers Training Institute, South 24 Parganas, West Bengal to the ERC, NCTE, for necessary action as indicated above.

(Hasib Ahmad) Member Secretary

1. The President, Mass Education Primary Teachers Training Institute, Vill- Dakshin Shibgunj, PO / PS - Patharpratima , South 24 Parganas - 743371, West Bengal 2. The Secretary, Ministry of Human Resource Development, Department of School Education & Literacy, Shastri Bhawan, New Delhi. 3. Regional Director, Eastern Regional Committee, 15, Neelkanth Nagar, Nayapalli, Bhubaneshwar - 751 012. 4. PS to Chairperson 5. The Secretary, Education (looking after Teacher Education) Government of West Bengal, Kolkata.

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F.No.89-362/2008 Appeal

NATIONAL COUNCIL FOR TEACHER EDUCATION Hans Bhawan, Wing II, 1, Bahadurshah Zafar Marg, New Delhi - 110 002

14/07/2009

O R D E R

WHEREAS the appeal of Muslim Educational Social Cultural Society's MESCO College of Education, Hyderabad, Andhra Pradesh dated 08/11/2008 is against the Order No. F.SRO/NCTE/B.Ed-AI/2007-2009/6284 dated 24/10/2008 of the Southern Regional Committee, refusing recognition for conducting B.Ed course on the grounds “1) The Management has not submitted document issued by the Revenue authority with regard to location of five pieces of land and building at Malakpet with approved building plan. It is difficult to know the availability of land at one place without proper documents. 2) In absence of approved building plan, it is unable to know the built-up space available for proposed course. 3) As per earlier submitted land and approved building plans, the area of land and built up space is not adequate for proposed course. 4) As per VCD, the building located in commercial area and not suitable to run the B.Ed. course”.

AND WHEREAS the Correspondent, Muslim Educational Social Cultural Society's MESCO College of Education (hereinafter referred to as the appellant), preferred an appeal dated 18/11/2008 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 Dr. Fakhruddin Mohammed the Hon. Secretary & Chairman and Shri Syed Zakir Hussain the Director, Muslim Educational Social Cultural Society's MESCO College of Education, Hyderabad, Andhra Pradesh presented the case of the appellant institution on 01-07-09. In the appeal and during personal presentation it was submitted that as regards objection at Sl.No.1, it was submitted that the total extent of land earmarked for B.Ed. course was a single piece and this land was registered through five registered separate deeds and that the total area available was 2967.5 Sq.yds. As regard, objection at Sl.No.2, it was submitted that as per the building plan approved by the Mandal Revenue Authority submitted the total built-up space available with the institution was 25,000 Sq.ft. Regarding, objection at Sl.No.3 it was submitted that land earmarked for MESCO college of Education was approx. 3000 Sq.yds and the built up area was 25000 Sq.ft. which was adequate as per the norms. As far as objection at Sl.No.4 was concerned the institution denied that the college was located in a commercial area.

AND WHEREAS the Council noted that the SRC had refused grant of recognition to the institution on the four grounds cited above and the institution had filed an appeal before the NCTE on 08-11-08. The appeal was considered and

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rejected vide Council’s order dated 9-2-09. Against the rejection of appeal, the institution filed a writ petition No.9049 in the High Court of AP. The Hon’ble High Court of AP vide its order dated 29-4-09 directed the petitioner to file a fresh application seeking for grant of recognition for B.Ed. course within a period of four weeks. The Hon’ble High Court further directed that on such application being filed, the respondents No.2 and 3 (SRC and NCTE) shall consider and dispose off the same in accordance of law within a period of four weeks thereafter. the Council also noted that the institution instead of filing a fresh application seeking grant of recognition, with the SRC, Bangalore which was the Competent Authority to consider grant of recognition, it submitted the application to the NCTE Hqrs, which was the appellate authority. The Council, was therefore, of the view that the application filed should be returned to the institution.

AND WHEREAS after perusal of records, the direction given by the Hon’ble High Court vide its order dated 29-4-09 in which the institution was directed to file fresh application seeking for grant of recognition for B.Ed. course to SRC, Bangalore, the Council reached the conclusion that the applicant institution did not comply with the directions of the Hon’ble High Court and filed the application before the Council instead of filing before SRC, Bangalore, and therefore, the application should be returned to the institution. Accordingly, it was decided to return the application to the institution for taking further necessary action, in compliance with the direction given by the Hon’ble High Court of Andhra Pradesh in its order dated 29-4-09 and directing SRC to dispose off the case on merit, so received and convey their decision/observation to NCTE Hqrs., within 15 days, from the date of receipt of the application by the institution.

NOW THEREFORE, the Council hereby remands back the case of Muslim Educational Social Cultural Society's MESCO College of Education, Hyderabad, Andhra Pradesh to the SRC, NCTE, for necessary action as indicated above.

(Hasib Ahmad) Member Secretary

1. The Chairman, Muslim Educational Social Cultural Society's MESCO College of Education, D.No: 16-9855/1/2/E, Malakpet,, Hyderabad - 500024, Andhra Pradesh 2. The Secretary, Ministry of Human Resource Development, Department of School Education & Literacy, Shastri Bhawan, New Delhi. 3. Regional Director, Southern Regional Committee, 1st Floor, CSD Building, HMT Post, Jalahali, Bangalore - 560 031. 4. PS to Chairperson 5. The Secretary, Education (looking after Teacher Education) Government of West Bengal, Kolkata.

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F.No.89-167/2009-Appeal

NATIONAL COUNCIL FOR TEACHER EDUCATION Hans Bhawan, Wing II, 1, Bahadurshah Zafar Marg, New Delhi - 110 002

14/07/2009

O R D E R

WHEREAS the appeal of Sai Kripa College of Education, Datia Dist., Madhya Pradesh dated 08/04/2009 is against the Order No. WRC/APWO6316/222342/114th/2008/51151 dated 19/02/2009 of the Western Regional Committee, Refusing recognition for conducting D.Ed. (Co-Ed) course on the grounds that The built up area is only 1120 sq.mt. which is inadequate as per NCTE norms.

AND WHEREAS the Correspondent, Sai Kripa College of Education (hereinafter referred to as the appellant), preferred an appeal dated 09/04/2009 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 Shri. Virendra Singh, Secretary and Shri. Abhilakh Singh, Director, Sai Kripa College of Education, Datia Dist., Madhya Pradesh presented the case of the appellant institution on 01-07-09. In the appeal and during personal presentation it was submitted that as per NCTE norms basic requirement was only 1000 Sq.mts. for built-up area whereas the institution was having 1546 Sq.mt. of built up area.

AND WHEREAS The Council noted that the VT report dated 18-10-08 inter-alia indicated that the size of the classroom available with the institution was 480 Sq.ft. each as against the requirement of a minimum of 500 Sq.ft.as per the NCTE norms. The Council also noted that while the building plan submitted by the institution was for construction of a three-storey building with a built-up area of 1546 Sq.mts., the photograph of the building submitted by the instituton showed a two-storey building, although the institution claimed to possess a built-up area of 1546 Sq.mts. The Council further noted that in the show cause notice issued to the institution on 25-12-08, the deficiencies pointed out were (i) land not registered, (ii) CLU not submitted and (iii) Hall size was not as per NCTE norms, whereas in the order dated 19-2-09, the recognition was refused to the institution on the ground that the built-up area was 1120 Sq.mt. which was not inadequate as per NCTE norms, although, the built-up area required for D.Ed. course as per NCTE norms was only 1000 Sq.mts. The Council, therefore, felt that while the institution did not fulfill the requirements as per the NCTE norms to become eligible for recognition by NCTE, the order of refusal of recognition was issued citing the wrong ground for refusal of recognition, obviously through inadvertence. The Council came to a conclusion

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that the case may be remanded back to WRC to re-examine the case in totality with regard to available instructional and infrastructural facilities and thereafter issue an appropriate speaking order.

AND WHEREAS After perusal of documents, memorandum of appeal, affidavit, VT Report and after hearing oral arguments advanced during hearing, the Council reached the conclusion that the order of refusal of recognition should be set aside with direction to WRC to re-examine the case and issue appropriate speaking order.

NOW THEREFORE, the Council hereby remands back the case of Sai Kripa College of Education, Datia Dist., Madhya Pradesh to the WRC, NCTE, for necessary action as indicated above.

(Hasib Ahmad) Member Secretary

1. The Secretary, Sai Kripa College of Education, Indergarh Seondha, Datia Dist. - , Madhya Pradesh 2. The Secretary, Ministry of Human Resource Development, Department of School Education & Literacy, Shastri Bhawan, New Delhi. 3. Regional Director, Western Regional Committee, Manas Bhawan, Shayamala Hills, Bhopal - 462002. 5. The Secretary, Education (looking after Teacher Education) Government of West Bengal, Kolkata.

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F.No.89-305/2009-Appeal

NATIONAL COUNCIL FOR TEACHER EDUCATION Hans Bhawan, Wing II, 1, Bahadurshah Zafar Marg, New Delhi - 110 002

14/07/2009

O R D E R

WHEREAS The appeal of Majhihira Ashram Primary Teachers Training Institute, Purulia Dist., West Bengal dated 16/04/2009 is against the Order No. ERC/7-92.6(I).7/2009/15272 dated 02/02/2009 of the Eastern Regional Committee, Refusing recognition for conducting PTT (D.Ed.) course on the grounds “1) The application is pertaining to year 2006 and letter of intent u/s 7(9) of Regulations 2007 has been issued to the institution vide letter No. 11012(27) dated 02.05.2008. The institution failed to comply the conditions as per NCTE norms & Regulations. 2) The list of teaching staff is not countersigned by affiliating body. 3) Affidavit on Rs. 100/- stamp paper regarding selection committee and affidavit on Rs. 10/- stamp paper by individual teaching staff has not been submitted with supporting documents/enclosures i.e. educational qualification/ experience certificate. 4) Retired person appointed as Principal. There is no provision of appointing retired person in D.Ed. norms. Teaching staff qualified as per NCTE norms have not been appointed. No supporting documents, certificates submitted. 5) Area earmarked for the PTT course is not mentioned in Building plan and Building Completion Certificate. Fresh building plan and building completion certificate indicating plot no. total area and built up area etc. from the competent authority has not been submitted”.

AND WHEREAS the Correspondent, Majhihira Ashram Primary Teachers Training Institute (hereinafter referred to as the appellant), preferred an appeal dated 22/04/2009 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 Shri. Prasad Dasgupta, Representative Majhihira Ashram Primary Teachers Training Institute, Purulia Dist., West Bengal presented the case of the appellant institution on 01-07-09. In the appeal and during personal presentation it was submitted that the institution has complied with all the conditions as per the NCTE norms and regulations except the submission of personal affidavits of the teaching staff for which it requested to provide some more time as the delay was due to circumstances beyond their control.

AND WHEREAS The Council noted that the VT report dated 17-1-07 was positive and it indicated that the institution was having adequate infrastructure and other facilities as per NCTE norms, except that the Principal appointed was not having experience of five years. Looking into the problems of the primary teacher education in the state of West Bengal, the council came to a conclusion that the appeal may be accepted, with the direction to the institution to appoint a qualified

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Principal with in a year and submit its compliance report to ERC.

AND WHEREAS After perusal of documents, memorandum of appeal, affidavit, VT Report and after hearing oral arguments advanced during the hearing, the Council reached the conclusion that there was enough ground to accept the appeal and that it should be accepted. Accordingly, the appeal was accepted and ERC’s order dated 02-02-09 was set aside with direction to the ERC to grant recognition to the institution immediately, with the condition that the institution will appoint a qualified regular Principal/ retired Professor or Head in Education on contract basis as per norms within a year.

NOW THEREFORE, the Council hereby remands back the case of Majhihira Ashram Primary Teachers Training Institute, Purulia Dist., West Bengal to the ERC, NCTE, for necessary action as indicated above.

(Hasib Ahmad) Member Secretary

1. The President, Majhihira Ashram Primary Teachers Training Institute, PO - Majhihira, Purulia Dist. - 723128, West Bengal 2. The Secretary, Ministry of Human Resource Development, Department of School Education & Literacy, Shastri Bhawan, New Delhi. 3. Regional Director, Eastern Regional Committee, 15, Neelkanth Nagar, Nayapalli, Bhubaneshwar - 751 012. 4. PS to Chairperson 5. The Secretary, Education (looking after Teacher Education) Government of West Bengal, Kolkata.

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F.No.89-321/2009-Appeal

NATIONAL COUNCIL FOR TEACHER EDUCATION Hans Bhawan, Wing II, 1, Bahadurshah Zafar Marg, New Delhi - 110 002

14/07/2009

O R D E R

WHEREAS the appeal of Reapara Primary Teacher's Training Institute, Purba Medinipur Dist, West Bengal dated 11/04/2009 is against the Order No. ERC/7-92.6(II).14/2009/15301 dated 24/02/2009 of the Eastern Regional Committee, rfusing recognition for conducting PTT (D.Ed.) course on the grounds “1) No reply to ERC notice dated 20.11.2008 has been received from the institution. 2) Building completion certificate mentioning the plot no. total area and built up area from the competent authority has not been submitted. 3) Date of Registration is not given. Registering authority for the same plot are different as mentioned in both fresh & old affidavit. 4) Registered copy of land document has not been submitted”.

AND WHEREAS the Correspondent, Reapara Primary Teacher's Training Institute (hereinafter referred to as the appellant), preferred an appeal dated 17/04/2009 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 Shri Arunabha Mandal, Member & Shri Santosh Kr. Jane Admin. Officer, Reapara Primary Teacher's Training Institute, Purba Medinipur Dist, West Bengal presented the case of the appellant institution on 02-07-09. In the appeal and during personal presentation it was submitted that the appellant submitted its reply on 16-01-09 in response to the ERC notice dt 20.11.08 along with the building completion certificate mentioning in the plot no total area and built up area and registered copy of the land document. It was further submitted that in the earlier affidavit it had indicated the name of Sub-Registrar Office as Nandigram and in the later affidavit there is a typographical mistake regarding name of the registration office. Even the land document was registered in the Sub- Registrar Office, Nandigram.

AND WHEREAS the Council noted that the appellant submitted the application for PTT course on 27-07-07 and ERC issued a deficiency letter on 07-08-07; As the institution did not remove the deficiencies with in 90 days, ERC again on 20-11-08, issued a notice to the institution to make a written representation within 60 days, for which the institution replied only on 23-01-09. It further noted that building completion certificate, issued on 15-01-09 by Pradhan of village Panchayat office stated that 1526.62 sq. mt constructed had been completed on the day and the same was authenticated by Govt. of West Bengal’s Panchayat Samiti on 15-01-09. It

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also noted that the institution was having 1.15 acres of land as per the certificate issued on 31.05.07 by the Govt of West Bengal office of the Block land & reforms officer, Purba Medinipur. Looking into the problems of the Primary Teacher Education, in the state of West Bengal, the Council came to a conclusion that the appeal may be accepted and the case may be remanded back to ERC for causing inspection of the institution and thereafter issue appropriate orders.

AND WHEREAS After perusal of documents, memorandum of appeal, affidavit and after hearing oral arguments advanced during hearing, the Council reached the conclusion that the case should be remanded back to the ERC for inspection of the institution to ascertain availability of adequate infrastructural, instructional and other facilities as per the NCTE norms in order to become eligible for recognition. Accordingly, the case was remanded back to the ERC for inspection of the institution immediately and thereafter, issue of recognition.

NOW THEREFORE, the Council hereby remands back the case of Reapara Primary Teacher's Training Institute, Purba Medinipur Dist, West Bengal to the ERC, NCTE, for necessary action as indicated above.

(Hasib Ahmad) Member Secretary

1. The Secretary, Reapara Primary Teacher's Training Institute, Vill/PO-Reapara, PS-Nandigram, Purba Medinipur Dist - 721650, West Bengal 2. The Secretary, Ministry of Human Resource Development, Department of School Education & Literacy, Shastri Bhawan, New Delhi. 3. Regional Director, Eastern Regional Committee, 15, Neelkanth Nagar, Nayapalli, Bhubaneshwar - 751 012. 4. PS to Chairperson 5. The Secretary, Education (looking after Teacher Education) Government of West Bengal, Kolkata.

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F.No.89-320/2009-Appeal

NATIONAL COUNCIL FOR TEACHER EDUCATION Hans Bhawan, Wing II, 1, Bahadurshah Zafar Marg, New Delhi - 110 002

14/07/2009

O R D E R

WHEREAS the appeal of Adarsh Bahuuddeshiya Sevabhavi Sanstha's kai Vatchalabai Patil Mahila D.Ed. College, latur Dist. , Maharashtra dated 30/04/2009 is against the Order No. WRC/APWO4559/1221076/110th/VTR/2008/53807 dated 13/04/2009 of the Western Regional Committee, refusing recognition for conducting D.Ed. (M) Co-Ed) course on the grounds “Keeping in view of the negative recommendation received from the Maharashtra State Government in respect of D.Ed. course and directions received from NCTE Hqs, the WRC decided that no further processing will be done in this case and communication to this effect to be made to this institution. As per above decision taken by WRC, the proposal of said institution is to be treated as closed, the FDRs towards Endowment Fund and Reserve Fund (in original) are returned herewith”.

AND WHEREAS the Correspondent, Adarsh Bahuuddeshiya Sevabhavi Sanstha's kai Vatchalabai Patil Mahila D.Ed. College (hereinafter referred to as the appellant), preferred an appeal dated 30/04/2009 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 Shri Arun Srivastava, Adarsh Bahuuddeshiya Sevabhavi Sanstha's kai Vatchalabai Patil Mahila D.Ed. College, latur Dist. , Maharashtra presented the case of the appellant institution on 02-07-09 . In the appeal and during personal presentation it was submitted that “It is very well observed in Para No. 68 of the Judgement by the Hon'ble Supreme Court in the case of State of Maharashtra V/s Sant Dnyaneshwar Shikshan Sanstha Mahavidyalaya reported in 2006 (4) SCC page No. 1 that merely on the basis of the recommendation of the State Government it would not be valid as well as proper to refuse the recognition but in instant matter it is made. Nowhere it is clarified till this moment that what are the different grounds on which the State of Maharashtra has given its negative recommendation and so naturally it reveals that the respondent has failed to assess the reasonability as well as validity and sufficiency of the reasons if any such specific finding and the observations on the record it appears that the impugned order is erroneous. As per the directives issued by this are also not followed properly by the respondent though it is one of the directive that in case of non-justifiable reason behind negative recommendation the WRC can consider the case on its own merits, however it does not appear from the impugned order that the respondent has made any attempt to verify the justification of the causes behind refusal given by the State of

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Maharashtra. As the rest of aspects of the matter pertaining to the requirement and availability of all the infrastructure and fundamental things are neither disputed nor there is any whisper about the same in any way in the impugned order and so no documents about these aspects are necessary and so those are not produced however if this Hon'ble Council please to direct the production of the same then the appellant will positively produce the same immediately”.

AND WHEREAS the Council noted that on the recommendation of some of the State Government including the Sate Govt. of Maharashtra not to further recognize/permit institutions for conducting B.Ed./D.Ed. course, a public notice was issued by the NCTE on 2-10-08 through the newspapers to the affect that application for D.Ed. course for the academic session 2009-10 from the State of Maharashtra would not be considered and all such applications shall be returned to the institution alongwith the processing fees and documents. the Council also noted that the said step taken by the NCTE was a temporary measure for regulating the growth of teacher training institutions pending state-wise assessment of the manpower requirement of teachers in the country. Accordingly, NCTE Hqrs. had vide its letters dated 1-10-2008 and 31-10-2008 directed all the Regional Directors of NCTE not to recognize/permit the institutions for conducting the specific teacher training course as specified in the public notice issued by NCTE and to return all those applications which were received prior to issuance of public notice dated 2nd Oct, 2008. In view of this, the Council came to the conclusion that WRC was right in refusing the recognition to the institution for conducting D.Ed course by closing the file of the institution”.

AND WHEREAS after perusal of documents, memorandum of appeal, affidavit, VT Report and after hearing oral arguments advanced during hearing, the Council reached the conclusion that there was no ground to accept the appeal and that it should be rejected. Accordingly, the appeal was rejected and WRC’s order dated 13-04-09 was confirmed.

NOW THEREFORE, the Council hereby confirms the Order appealed against.

(Hasib Ahmad) Member Secretary

1. The President, Adarsh Bahuuddeshiya Sevabhavi Sanstha's kai Vatchalabai Patil Mahila D.Ed. College, Plot No. 5-1-433 And 2202, Sonnawane Building, Degloor Naka, Udgir , latur Dist. - , Maharashtra 2. The Secretary, Ministry of Human Resource Development, Department of School Education & Literacy, Shastri Bhawan, New Delhi. 3. Regional Director, Western Regional Committee, Manas Bhawan, Shayamala Hills, Bhopal - 462002. 4. PS to Chairperson 5. The Secretary, Education (looking after Teacher Education) Government

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of Maharashtra, Mumbai. F.No.89-326/2009-Appeal

NATIONAL COUNCIL FOR TEACHER EDUCATION Hans Bhawan, Wing II, 1, Bahadurshah Zafar Marg, New Delhi - 110 002

14/07/2009

O R D E R

WHEREAS The appeal of Ghol Digrui Siksha Mandir B.Ed. College, Hooghly Dist., West Bengal dated 04/04/2009 is against the Order No. ERC/7-92.8.35/2009/15291 dated 24/02/2009 of the Eastern Regional Committee, refusing recognition for conducting B.Ed. course on the grounds “1) The institution has not submitted documents within stipulated time of 90 days from 1st deficiency letter. 2) Building plan from the competent authority mentioning total area and built up area and plot no. for the proposed institution has not been submitted. 3) Building completion certificate from the competent authority mentioning the total area, built up area and plot no. not submitted. 4) Certified copy of land document has not submitted”.

AND WHEREAS the Correspondent, Ghol Digrui Siksha Mandir B.Ed. College (hereinafter referred to as the appellant), preferred an appeal dated 06/04/2009 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 Shri Tapan Malick, Secretary & Shri Sambhu Nath Das, Member, Ghol Digrui Siksha Mandir B.Ed. College, Hooghly Dist., West Bengal presented the case of the appellant institution on 02-07-09. In the appeal and during personal presentation it was submitted that all the deficiencies indicated in the first deficiency letter were removed by the institution within the stipulated period of 90 days, building plan with total area, built-up alongwith plot numbers mentioned in the plan duly signed by the Competent Authorities were submitted to the ERC, two building completion certificates duly signed by the Panchayat Pradhan and Block Engineer were submitted to ERC separately and the original deed of land was also submitted to the ERC.

AND WHEREAS The council noted that ERC issued a deficiency letter on 25-04-08, followed by a reminder notice on 14.11.08, informing the institution to make a written representation within 30 days. The institution in response to this notice submitted its reply on 11-12-08, i.e. within the stipulated period. It also noted that though building plan dt 22-12-07 approved by Pradhan of village Panchayat office did not mention the area details, but in the plan approved on 01-04-09, it was mentioned the land and built up area details as 5346.58 sq. ft. and 1532.85 sq. mt. respectively. It further noted from the gift deed dt. 19-12-07 that 1.32 acre of land .had been gifted for establishment of the institution. Looking into the problems of

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the Primary Teacher Education in the state of West Bengal, the Council came to a conclusion that the appeal may be accepted and the case may be remanded back to ERC for causing inspection of the institution and thereafter issue appropriate orders.

AND WHEREAS After perusal of documents, memorandum of appeal, affidavit and after hearing oral arguments advanced during hearing, the Council reached the conclusion that the case should be remanded back to the ERC for inspection of the institution to ascertain availability of adequate infrastructural, instructional and other facilities as per the NCTE norms in order to become eligible for recognition. Accordingly, the case was remanded back to the ERC for inspection of the institution immediately and thereafter, issue of recognition.

NOW THEREFORE, the Council hereby remands back the case of Ghol Digrui Siksha Mandir B.Ed. College, Hooghly Dist., West Bengal to the ERC, NCTE, for necessary action as indicated above.

(Hasib Ahmad) Member Secretary

1. The Secretary, Ghol Digrui Siksha Mandir B.Ed. College, Vill-PO-Ghol Digrui, Hooghly Dist. - 712401, West Bengal 2. The Secretary, Ministry of Human Resource Development, Department of School Education & Literacy, Shastri Bhawan, New Delhi. 3. Regional Director, Eastern Regional Committee, 15, Neelkanth Nagar, Nayapalli, Bhubaneshwar - 751 012. 4. PS to Chairperson 5. The Secretary, Education (looking after Teacher Education) Government of West Bengal, Kolkata.