MAA VAISHNO DEVI MAHILA MAHAVIDYALAYA v. STATE OF U.P. & ORS.

G The Judgment of the Court was delivered by SWATANTER KUMAR, J. 1. Leave granted in all the Special Leave Petitions.

2. In the case of College of Professional Education and H

MAA VAISHNO DEVI MAHILA MAHAVIDYALAYA v. 825 STATE OF U.P. & ORS. [SWATANTER KUMAR, J.] Others Vs. State of Uttar Pradesh [Civil Appeal No.5914 of A 2011 decided on 22nd July, 2011], this Court recorded that for the academic year 2012-2013 and subsequent academic years, the institutions and the State Government have arrived at a broad consensus regarding the procedure and terms and conditions of admission, recognition and affiliation. The terms B and conditions which have been agreed and had received the approval of the court were noticed in great detail in that judgment. For the academic year 2012-2013 and subsequent years, the following schedule for admission was provided :

1Copy pinpoint1. Publication of Advertisement 01.02.2011 c

2Copy pinpoint2. Sale of Application Forms and their 10.02.2012 to submission 10.03.2012

3Copy pinpoint3. Date of Entrance Examination 20.04.2012 to 25.04.2012 D

4Copy pinpoint4. Declaration of Result 25.05.2012 to 30.05.2012

5Copy pinpoint5. Commencement and completion of 01.06.2012 to counseling 25.06.2012 E

6Copy pinpoint6. Last Date of Admissions after 28.06.2012 counselinQ

7Copy pinpoint7. Commencement of Academic 01.07.2012 Session F

3. The Court further directed that for the academic year, there would be only one counseling. It was to continue for a period of 25 days and was to be conducted as per the directions contained in the judgment. Having provided for the various facets in relation to the manner, procedure and G methodology to be adopted for admissions, the court also provided for the time by which affiliation should be granted to the colleges for the relevant academic year. Clause Vl(b) of the judgment which has bearing upon the matters in issue before us reads as under:- H

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A "(b) After the counseling is over, the concerned University will continue to allot the candidates from the above mentioned waiting list against the vacant seats till all the seats in the colleges are filled up. It is further submitted that the organizing university will provide students only to B the existing B.Ed. College and all those B.Ed. Colleges which will get affiliation upto dated 07.07.2011 will not be considered for counseling to the year 2011-12 and for the next consecutive years and onward the colleges which will be get affiliated on or before.10th of May of that year, c would be considered for counseling."

4. As is clear, the Court had fixed a cut-off date for affiliation. The colleges which were affiliated upto 7th July, 2011 only were permitted to participate in the counseling for the academic year 2011-2012. For the next consecutive academic D years, the colleges which were permitted to participate in the counseling were the ones' which received affiliation on or before 10th May of that year. In other words, the colleges which did not receive affiliation by the said cut-off date were not to be included in the counseling.

E 5. Some of the colleges in the State of Uttar Pradesh which had not received affiliation filed writ petitions challenging the order of the universities declining grant of affiliation to them. These writ petitions came to be dismissed by different judgments of the High Court of Judicature at Allahabad, F Lucknow Bench, inter alia, but primarily on the ground that the court had no jurisdiction to extend the cut-off date as provided in the judgment of this Court in the case of College of Professional Education (supra).

G 6. In 17 special leave petitions, different petitioners have challenged the judgments of the concerned High Court before this Court. The petitioners in 15 writ petitions have approached this Court under Article 32 of the Constitution of India challenging the order of the university/authorities declining to grant affiliation again in view of the cut-off date fixed by this H Court.

MAA VAISHNO DEVI MAHILA MAHAVIDYALAYA v. 827 STATE OF U.P. & ORS. [SWATANTER KUMAR, J.]

7. These writ petitions and appeals have raised common questions of law on somewhat different facts. Thus, we propose to dispose of these writ petitions and appeals by this common judgment. Before we dwell upon the real controversy arising for consideration of the Court in the present case, it will be necessary for the court to refer to the facts in some of the writ petitions/appeals. Facts Writ Petition (Civil) No. 276 of 2012

8Copy pinpoint8. It is the case of the petitioner that Maa Vaishno Devi C Shiksha Samiti, a society registered under the provisions of the Societies Registration Act, 1860 had been imparting education in various disciplines as main object. In furtherance to its stated objects, the society opened Maa Vaishno Devi Mahila Mahavidyalaya (for short, the "College") to conduct courses in education (B.A., B.Ed.) in the year 2007. Initially, the college started with B.A. course and was granted affiliation by Dr. Ram Manohar Lohia Avadh University (for short, the 'University') in accordance with law. Thereafter, the college intended to conduct B.Ed course for which it applied for grant of affiliation and recognition. to the respective authorities. On 24th September, 2010, the National Council for Teacher Education (for short "NCTE") granted recognition to the petitioner college for conducting B.Ed. courses of secondary level of one year with annual intake for 100 students from the academic session F 2010-2011.

9Copy pinpoint9. In furtherance to the request of the College, the University conducted inspection of the College and thereupon recommended its case to the State Government. On 6th July, 2011 the State Government granted permission to accord G . temporary affiliation to the petitioner to run B.Ed classes for one year on self-finance basis for the academic year 2011-

2012. Subsequently, on 22nd July, 2011, as already noticed, the judgment of this Court came to be passed in the case of College of Professional Education and Ors. (supra) fixing the H

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A time schedule for grant of affiliation. A strict timeline was laid down for application, examination, counseling and admissions with the academic session to begin on 1st July, 2012.

10Copy pinpoint10. Para VI of the judgment dated 22nd July, 2011 does have an element of ambiguity. While noticing the submissions and passing appropriate directions, the court noticed "it is further submitted that the organizing university will provide students only to the existing B.Ed. College and all those B.Ed. colleges which will get affiliation dated 7th July, 2011 will not be considered for counseling to the year 2011-12 and for the next consecutive year and onward, the colleges which will get affiliated on or before 10th of May of that year would be considered for counseling ..... ". It is obvious that there is something amiss prior to the words 'will not' appearing immediately after the date of 7th July, 2011. Obviously, what the court meant was that the colleges which are affiliated or which will get affiliation upto 7th July, 2011 are the colleges to which the organizing university will provide students, but other colleges which get affiliation after 7th July, 2011 will not be considered for counseling for the year 2011-2012. E Furthermore, for subsequent academic years, the colleges to which the students will be provided would be the colleges which attain affiliation by 10th May of that year. That is the spirit of the directions. Thus, we must read and construe the judgment ifl that fashion.

11Copy pinpoint11. Reverting to the facts of the present case, the University granted temporary affiliation to the college for the academic year 2011-12 on 27th August, 2011 with intake capacity of 100 seats. The petitioner college claims that it had got permanent recognition from NCTE for B.Ed. courses. In face of this, the G name of the petitioner college was inducted in the list of colleges for which the counselling was held by the organizing university for the academic year 2011-12. Since the petitioner college had received temporary affiliation for B.Ed. classes only for one year, it again approached the University and the H State Government for grant of permanent affiliation for the

MM VAISHNO DEVI MAHILA MAHAVIDYALAYA v. 829 STATE OF U.P. & ORS. [SWATANTER KUMAR, J.] subsequent academic years and completed all the formalities as well as requested the authorities to constitute an Inspection Team as required under the law. In the meanwhile, the Department of Higher Education, State of Uttar Pradesh, issued an office order dated 11th January, 2012 vide which the time schedule for seeking affiliation as directed by the court was fixed. The last date for submission of proposal to the concerned university was 10th March, 2012. The proposal received was to be forwarded to the Government by the University latest by 25th March, 2012 and the State Government was required to grant approval by 10th April, 2012. c This date of 10th April, 2012, in fact, stood extended upto 10th May, 2012, the date fixed by this Court. The University constituted a three member team to inspect the college which submitted its report on 26th February, 2012. The Report is stated to have been submitted finding that the petitioner was possessed of adequate building, infrastructure and funds for running the B.Ed. course and recommended permanent affiliation. It is the case of the petitioner that all relevant documents and fees for grant of permanent affiliation were submitted to the University on 5th March, 2012, i.e., five days prior to the last date for submission of proposal. The University took lot of time and finally on 10th April, 2012, it informed the petitioner that some more documents were required to be submitted. The petitioner submitted the required documents on 11th April, 2012. This application was forwarded by the University to the State Government only on F 20th April, 2012 along with approval in Form 'A'. For the academic year 2012-13, the organizing university had held the Joint Entrance Test for all UP colleges on 23rd April, 2012. The result of the same was declared and admission and counseling sessions were scheduled to be held between 7th June, 2012 G to 22nd June, 2012. The petitioner college seriously apprehended that it may not be able to participate in the counseling for the academic year 2012-2013 because of the delay caused by the University and the State Government, particularly keeping in view the cut-off date of 10th May, fixed H

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A . by the Court. Consequently, the petitioner along with others filed writ petition being Writ Petition (Civil) No. 2417(M/S) of 2012 in the High Court of Judicature at Allahabad, Lucknow Bench. This Writ Petition came to be disposed of by the order of the Court dated 9th May, 2012. The Court, while noticing B the directions of this Court as contained in its order dated 22nd July, 2011, directed the respondents to consider petitioner's case on the basis of their eligibility as required for affiliation and take decision while expressing the hope that the State would do its best in the matter. The petitioner has contended c that though a number of deficiencies were noticed in the other colleges, yet most of the colleges were granted conditional permission for affiliation giving time to remove the deficiencies pointed out in the order. Unlike other colleges, the State Government vide its Order dated 10th May, 2012, had rejected the application of the petitioner and pointed out various 0 deficiencies. The relevant part of the order reads as under:- "(3) In the sequence of the said orders of the Hon'ble High Court, Lucknow Bench, Lucknow, after the last date i.e. 25.03.2012 prescribed by the Government, the proposals for affiliation for B.Ed. course of the referred university were considered. After due consideration, in the impugned affiliation proposal the following discrepancies have been found:-

1. For granting of affiliation, on the University level the certificate of the committee organized has not been received.

2. The inspection report of the inspection board and the details of the area of classes in the letter of the University have not been mentioned. G

3. The boundary walls of the university are not plastered and the photograph of the boundary walls of only one side has been received and on the second floor of the university construction work is partly going on. In front of the rooms of the second

MAA VAISHNO DEVI MAHILA MAHAVIDYALAYA v. 831 STATE OF U.P. & ORS. [SWATANTER KUMAR, J.] floor railings have not been constructed due to which a serious accident is possible.

4. The result of B.Ed. has not been received. The University with the deficiency of the result of examination has made conditional recommendation on the Format-A. B

5. In relation to not being charged with group cheating/copying the educational session in the report of the controller of examination is not clear.

6. The fire extinguishing certificate has been issued c on 15.02.2009. The certificate till date has not been received.

7. The NBC has been signed by the Additional Engineer/Superintending Engineer but the letter umber and date is not mentioned. D

8. The details of payment of monthly salary from the bank to the teachers are not received. The record of the months of December 2011 and January and February 2012 has been made available. E (4) Therefore, in view of the abovementioned discrepancies the State Government under section 37(2) of the U.P. State University Act, 1973 (as amended by the U.P. State University Amendment Act, 2007) at Graduation level has for Maa Vaishno Devi Women University, Siyaram Nagar, Devrakot, Faizabad under the Education F system has not found it eligible for a prior permission of affiliation for B.Ed. course with a capacity of 100 seats since under the autonomous scheme from educational session 2012-2013. In sequence of it the writ petition no. 2417(M/S)/2012 and in others also which are in question, G in compliance to the order dated 09.05.2012 of the Hon'ble High Court the application of Sh. Chedi Lal Verma, Manager, Maa Vaishno Devi Women University, Siyaram Nagar, Devrakot, Faizabad dated 09.05.2012 is accordingly dismissed." H

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12Copy pinpoint12. The petitioner has submitted that it removed the objections as pointed out in the said letter and informed the authorities on 18th May, 2012. On the same very date, the petitioner made a representation to the State Government stating that objections had been removed and the case of the B petitioner may be considered for affiliation. No response was received to the said representation. Being left with no other option, the petitioner filed another writ petition being WP (M/ S) No.3499 of 2011 before the same court praying inter alia that the order dated 10th May, 2012 passed by the State C Government be quashed, for issuance of a direction requiring respondent No. 2 to include the petitioner college in the counseling for B.Ed. course for the academic year 2012-13 and for direction that the petitioner college be deemed to have received affiliation, temporarily at least. This writ petition was finally disposed of by a Bench of that Court vide its order dated 0 13th June, 2012. The relevant part of the order reads as under:- "The arguments of the learned counsel for the petitioner in view of the recommendations of the University appears to be correct. Accordingly, the order dated 10.5.2012 E contained in Annexure-1 to the writ petition is hereby set aside. The matter is remitted back to the State Government to decide it afresh in the light of the recommendations of the University and the letter of the institution contained at page 50 subject to their information F available on record and the State Government shall take a decision, expeditiously, say within a period of ten days' from the date a certified copy of this order is produced before it. Subject to above, the writ petition is finally disposed of."

13Copy pinpoint13. As is clear from the above direction, the matter was remitted to the State Government. The order dated 10th May, 2012 was set aside and the State Government was directed to consider the case afresh. This was primarily on the basis that according to the petitioner, the University had recommended the case and had forwarded its approval in Form

MM VAISHNO DEVI MAHILA MAHAVIDYALAYA v. 833 STATE OF U.P. & ORS. [SWATANTER KUMAR, J.] A showing no deficiencies. The State Government, without any inspection, had rejected the request for affiliation and other colleges had been given temporary affiliation.

14Copy pinpoint14. On the very next day i.e. on 14th June, 2012, the petitioner again made a representation to the State Government to consider its case in accordance with the directions of the 8 Court in the order dated 13th June, 2012. Again, vide order dated 21st June, 2012, the State Government rejected the application of the petitioner. The State Government referred to the schedule for counseling as well as for grant of affiliation in terms of the order of this Court dated 22nd July, 2011. The C State Government referred to the Schedule for counseling as well as for grant of affiliation in terms of order dated 22nd November, 2011. It rejected the application being beyond the cut-off date of 10th May. It also mentioned in paragraphs VI of the said order that certain compliances had not been done till D that date by the college and again eight defects of non- compliance were pointed out in the said order.

15Copy pinpoint15. The petitioner claims to have been seriously prejudiced by the order dated 21st June, 2012 as it was denied the chance to participate in the counseling process for the academic year E 2012-2013 onwards.

16Copy pinpoint16. To the averred facts there is not much controversy. Primarily, the respondents have raised two pleas (i) firstly that the deficiencies had not been removed in their entirety and F secondly that the cut-off date fixed by this Court by its order dated 22nd July, 2011 does not permit the State to grant affiliation to the petitioner college for the current academic year. SLP (C) No.21695 of 2012

17Copy pinpoint17. The petitioner is a private unaided institution run by a G registered society namely Aman Educational and Welfare Society. The Society started the Aman Institution of Education and Management (for short the "College") and had applied for grant of recognition for running the B.Ed. course. The college was inspected and recognition was granted by the NCTE on H

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A 30th September, 2008. The State Government had granted affiliation subject to fulfillment of conditions stated therein, which amongst others contained a stipulation that admission of the students shall be made only after affiliation by the examining body before the commencement of the academic session and B admission shall be completed well before the cut-off date. For the academic year 2009-2010, the University conducted the inspection on 12th March, 2011 and forwarded its recommendation for grant of permanent affiliation. Similar recommendations were also made on 7th July, 2011 for the c academic year 2011-2012. The State Government, in view of these recommendations granted permission for temporary affiliation for one year with effect from 1st July, 2011 for the academic year 2011-2012. The students were also provided to the college against the sanctioned 100 seats for that 0 academic year. The petitioner college had applied for extension of affiliation for the academic session 2012-2013 and the University had sent its recommendations to the State Government vide its letter dated 3rd December, 2011. Vide letter dated 9th April, 2012, respondent No. 1 had brought out E certain deficiencies. On 13th April, 2012, the petitioner submitted necessary documents. However, again certain deficiencies were pointed out by the State Government vide its letter dated 18th April, 2012. The petitioner claims to have removed these deficiencies and intimated respondent No. 1 vide its letter dated 20th April, 2012. Thereafter the University F had sent its recommendations vide letter dated 9th May, 2012. According to the petitioner, thereafter the State Government did not point out any substantive deficiencies and, in fact, no deficiencies. According to them, though there were no deficiencies, the State Government vide its letter dated 9th May, G 2012 refused to grant affiliation to the petitioner and pointed out certain deficiencies and informed that the institution was not found fit for grant of affiliation for 100 seats. The petitioner had challenged this order of the State Government before the High Court. It was the case of the petitioner that there were no shortcomings or deficiencies in the Institute. Furthermore,

MAA VAISHNO DEVI MAHILA MAHAVIDYALAYA v. 835 STATE OF U.P. & ORS. [SWATANTER KUMAR, J.) number of other similarly placed institutions had been granted permission/affiliation and had been given time to remove the deficiencies. Thus, the order of the respondent was arbitrary.

18Copy pinpoint18. It may be noticed that apprehending its exclusion from the counseling, the petitioner had filed a writ petition being Writ Petition (M/S) No.2572 of 2012 before the High Court pf B Judicature at Allahabad, Lucknow Bench in which vide its order dated 28th May, 2012, the Court had directed the respondent authorities to consider the case of the petitioner college afresh. In this order, the court had also noticed "the court finds that all shortcomings as pointed out by the State Government stand C removed. Therefore, in these circumstances, it is provided that the State Government may take a fresh decision in light of the present facts and additional evidence which had been brought on record by the petitioner and pass fresh orders in accordance with law, within a period of ten days." In D furtherance to the order of the High Court, the State Government still persisted with the fact that there were deficiencies in the infrastructure and other requirements of the petitioner college and while noticing the deficiencies which were still persisting, the State Government vide letter dated 11th June, 2012 rejected E the application for grant of affiliation. The following deficiencies were noticed:- "1. Lasted inspection report was Deficiency is still exists not found there. F

2. Certificate from the Bank for Certificate of payment the payment to teachers and of was not provided details of payment to the with the representation remaining teachers

3. Affidavits and Agreement of Deficiency is still exists. G the proposed teachers for the year 2008-2009 not provided and for the years 2012-2013 H

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A 4. Appointment letters of Deficiency is still exists. proposal teachers are not provided

5. C.A. Balance Sheet for one Balance sheet of CA is Year only provided B

6. Fire fighting certificate is not Deficiency is still exists mentioned

7. Certificate from NCB or Deficiency is still exists equivalent officer (Executive c Engineer)

8. Affidavit of manager on Deficiency is still exists stamp paper of Rs. 50/- is not mentioned D xxxxx xxxx xxxx xxxx

10. In respect B.Ed. Education course in the Special Leave Petition bearing no. 13040/2010, titled College of professional Education and ors vs. UP State and others, Vide order dt. 22.7.2011 passed by the Hon'ble High Court E in the said petition for fixing the time table to the concerned and fixed last date for permission 10.5.2012, and after expiry of the aforesaid all the deficiency have to be fulfilled, otherwise it shall be contempt of the Court. Therefore in the precept the petitioner Institute, there is no F occasion to provide a chance, if the proposal of the petitioner university proposed for the year 2013-14 the same can be considered accordingly, therefore the representation of the petitioner dt. 30.5.2012.

G Therefore, the orders in the Writ Petition no. 2972 (MS) 2012 of the petitioner, Aman Institute of Management and education, Duhai, Ghaziabad, Vs. UP State, In compliance of order dated 28.5.2012 is being sent."

19Copy pinpoint19. The petitioner challenged the legality and correctness H

MAA VAISHNO DEVI MAHILA MAHAVIDYALAYA v. 837 STATE OF U.P. & ORS. [SWATANTER KUMAR, J.] of the order dated 11th June, 2012 before the High Court in A Writ Petition (MIS) No. 3607 of 2012. The High Court dismissed the writ petition but made certain observations which were in favour of the petitioner. The operative part of the order reads as under:- "Assuming that the petitioner is qualified to be affiliated, even then petitioner cannot be granted any indulgence on account of cut-off date fixed by the apex court i.e. 10.5.2012. This Court does not have any power to reschedule the time schedule fixed by the apex court. The petitioner, if is aggrieved by the said cut-off date, is at liberty to approach the apex court for clarification and further orders, so that they are able to convince the apex court regarding their rightful claim. In the present case, the Court feels that there is no 0 shortcoming in the petitioner-institution at the moment and the State Government has acted unmindfully, but it has to be looked into at this juncture whether the cut-off date can be by-passed. No such direction is possible at the hands of this 3 Court and, therefore, any direction in favour of the petitioner will amount to violating the orders passed by the apex court. The argument of learned counsel for the petitioner that the opposite parties themselves have not followed the time schedule as fixed by the apex court can be looked into and can be gone into by the apex court. But this Court feels that no such direction for allocation of students can be issued in favour of the petitioner at this juncture. The writ petition is accordingly dismissed.

20Copy pinpoint20. Aggrieved from the said judgment, the college has filed the appeal by way of special leave. Writ Petition (Civil) No. 350 of 2012

21Copy pinpoint21. This petition has been filed under Article 32 of the Constitution of India by three petitioner colleges which are H

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A being run and managed by the Society registered under the Societies Registration Act, 1860. Vide order dated 24th January, 2007, the NCTE at its 113th Meeting held on 18th/19th January, 2007 considered the application moved by the first petitioner for grant of recognition to run B.Ed. courses in the B institution and granted the same. However, in its 141st Meeting, the Northern Regional Committee (for short "NRC") refused recognition to the first petitioner vide order dated 25th January, 2010. This order was subsequently modified upon appeal by the first petitioner, but without any effective relief. c Being dissatisfied, the first petitioner filed Writ Petition No. 3836 (M/8) of 2010 before the High Court of Judicature at Allahabad. The Court passed order dated 14th May, 2010, in furtherance to which an inspection was conducted under Section 17 of the NCTE Act, 1993. Thereafter the first petitioner filed another Writ Petition No. 7248 of 2010 before the same court 0 in which vide order dated 20th April, 2011, the Court took note of the fact that the NCTE had failed to comply with the direction of passing final order within one month and directed the concerned authorities to comply with the order dated 14th May, E 2010, and required them to explain their conduct. However, in the meanwhile, this Court passed the order dated 22nd July, 2011 in the case of the College of Professional Education (supra) fixing 10th May as the cut-off date for grant of affiliation to colleges for running of courses for the current academic year. The petitioner colleges Nos. 1 and 2 got affiliation from the Ram F Manohar Lohiya Avadh University, Faizabad, Uttar Pradesh, in accordance with the Uttar Pradesh State Universities Act, 1973 (for short, 'the Universities Act'). Petitioner No.1 college was accorded affiliation vide order dated 25th August, 2011 for 100 seats in the 8.Ed. course for one year. In furtherance to order of the High Court, the petitioner No.1 was asked to furnish certain details. The response submitted by Petitioner No.1 was considered by the NRC of the NCTE in its 190th Meeting and it decided to restore the recognition for 8.Ed. courses with annual intake of 100 seats in continuation of the previous recognition order dated 24th January, 2007. Accordingly, the

MAA VAISHNO DEVI MAHILA MAHAVIDYALAYA v. 839 STATE OF U.P. & ORS. [SWATANTER KUMAR, J.] order dated 28th December, 2011, was passed by the NRC A of the NCTE. Thereafter, the respondent-university, vide its letter dated 30th April, 2012 recommended to the State Government for grant of permanent affiliation to petitioner No. 1 to run the B.Ed. courses. For these reasons, the petitioner No. 1 claimed that it was entitled to be included in the B Counseling as at that time, they had the recognition as well as · the affiliation. Petitioner Nos.2 and 3 were also placed in similar situation. However, the State Government on insignificant shortcoming refused the affiliation to petitioner Nos. 2 and 3 vide order dated 10th May, 2011. According to the c petitioner, certain other colleges similarly placed were granted affiliation and even included in the list of counseling for the academic year 2012-2013.

22Copy pinpoint22. The petitioners challenged the non-grant of affiliation by the State Government to conduct the courses of B.Ed. on D account of their non-inclusion in the Bulletin for Counseling and admission to their colleges. The petitioners, thus, are aggrieved from non-inclusion in counseling process as well as non-grant of affiliation on account of the cut-off date of 10th May of the current academic year. E Writ Petition (Civil) No. 346 of 2012

23Copy pinpoint23. This is also a petition filed under Article 32 of the Constitution of India. The petitioner is an unaided self- financing institution run by a registered society named J. Milton F Shiksha Samiti. The petitioner college was granted recognition by the NCTE vide its order dated 14th May, 2008 for conducting B.Ed. courses for the academic year 2008-2009 whereafter the petitioner obtained affiliation from Dr. Bhimrao Ambedkar University, U.P., Respondent No.2, for that academic year and has been conducting the said course till the G academic year 2011-2012. The respondent No.2-University granted provisional affiliation to the petitioner for the academic year 2011-2012 vide letter dated 7th July, 2011, subject to fulfillment of certain conditions. Vide letter dated 21st December. 2011, the petitioner informed the University H

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A (respondent No.2) about fulfillment of the conditions as required by the letter dated 7th July, 2011 and requested the University to consider the case of the petitioner for grant of extension of provisional affiliation or grant of permanent affiliation. For the academic year 2012-2013, respondent No.3-University B conducted Joint Entrance Test for admission to UP B.Ed. Colleges on 23rd April, 2012. Counseling was scheduled to be held from 7th June, 2012 to 22nd June, 2012. As noticed earlier, this Court had passed the order dated 22nd July, 2011 directing the last date for grant of affiliation as 10th May of the c concerned academic year. Vide letter dated 13th June, 2012, respondent No. 2 University had forwarded the affiliation proposal of the petitioner to the State Government. Although, the State Government did not pass any written order rejecting the case of the petitioner, but according to the petitioner, they were orally informed that their case could not be processed now 0 for the current academic year in view of the order passed by this Court.

24Copy pinpoint24. The petitioner filed writ petition being Misc. Single No.4040 of 2012 before the Allahabad High Court. The High E Court, vide its order dated 25th July, 2012, directed the respondents to pass fresh order.

25Copy pinpoint25. It is the case of the petitioner that denial of affiliation and permission to participate in the counseling by the respondent is on account of the cut-off dates fixed by this Court F and, therefore, has approached this Court under Article 32 of the Constitution of India with the above prayers. Writ Petition (Civil) No. 345 .of 2012

26Copy pinpoint26. Writ Petition (Civil) No.345/2012 and Writ Petition G (Civil) No. 34 7 of 2012 also has similar facts where the petitioner-college was granted recognition by the NCTE and had even been granted affiliation for the academic year 2011-

2012. However, its application for extension of affiliation for the academic year 2012-2013 or grant of permanent affiliation was not decided and subsequently the petitioner was denied

MAA VAISHNO DEVI MAHILA MAHAVIDYALAYA v. 841 STATE OF U.P. & ORS. [SWATANTER KUMAR, J.] affiliation and permission to participate in the counseling for the current academic year 2012-2013 in view of the cut-off date fixed by this Court .. In both these writ petitions, the writ petitioners challenged the action of the respondents, and their non-inclusion in the list for counseling.

27Copy pinpoint27. It is not necessary for us to note the facts of each case 8 separately as in all other cases the facts are somewhat similar to either of the writ petitions, the facts of which we have afore- referred.

28Copy pinpoint28. For regulation and proper maintenance of norms and c standards in the teacher education system and for all matters connected therewith, it was considered to establish a Central National Council for Teacher Education, for which purpose the Indian Parliament enacted the National Council for Teacher Education Act, 1993 (for short, the 'Act'). The NCTE was to 0 be established in terms of Section 3 of the Act and was to consist of the persons specified therein. For the purpose of the present case, we are required to refer to certain provisions of the Act. The first relevant provision which can be referred to is Section 12 of the Act which states the functions that are to be performed by the NCTE. Section 13 places an obligation upon the NCTE to conduct inspection of the Institute in the prescribed manner. Other very significant provision is Section 14 that deals with the recognition of the Institution offering course or training in teacher education. One of the important powers of the NCTE is the power of delegated legislation as contained in Section 32 of the Act. We shall deal with these provisions along with some other relevant provisions in some detail.

29Copy pinpoint29. Under the Scheme of the Act, in terms of Section 12, it shall be the duty of the NCTE to take all such steps as it may think fit for ensuring planned and coordinated development of teacher education, as per the Preamble of the Act. It has to lay down guidelines for compliance by recognized institutions for starting new courses of training and for providing physical and instructional facilities, staffing pattern and staff qualification H

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A amongst others, to examine and review periodically the implementation of the norms, guidelines and standards laid down by the NCTE and to suitably advise the recognised institutions and foremost, it must ensure prevention of commercialization of teacher education. For the purposes of B ascertaining whether the recognised institutions are functioning in accordance with the provisions of this Act, the Council may cause inspection of any such institution to be made by such person as it may direct and in such manner as may be prescribed. A complete procedure has been provided under c Section 13 for conducting inspection of the institution. After coming into force of the Act, every institution offering or intending to offer a course or training in teacher education on or after the appointed day may, for grant of recognition under the Act, make an application to the Regional Committee 0 concerned in such form and in such manner as may be determined by the Regulations. Section 14(3)(a) provides the scope and requirement for establishing such institution. The recognition may be granted to an institution when it has adequate financial resources, aceommodation, library, qualified staff, laboratory and it fulfills such other conditions required for proper functioning of the institution for a course or training in teacher education as may be determined by regulations and upon such conditions as may be imposed. If an institution does not satisfy the requirements of Section 14(3)(a), the Council may pass an order refusing recognition to the institution for reasons to be recorded. Such grant and/or refusal has to be published in the Official Gazette and communicated in writing to the institution and to the concerned examining body or the State Government and the Central Government in accordance with Section 14(4). Section 14(6) will be of some significance once we deal with the facts of the present case, as it is a provision providing interlink between recognition of an institution by the NCTE, on the one hand and affiliation by the examination body, on the other. Section 14(6) reads as under: "14(6) Every examining body shall, on receipt of the order H

MM VAISHNO DEVI MAHILA MAHAVIDYALAYA v. 843 STATE OF U.P. & ORS. [SWATANTER KUMAR, J.] under sub-section (4), - A (a) grant affiliation to the institution, where recognition has been granted; or (b) cancel the affiliation of the institution, where recognition has been refused." B

30Copy pinpoint30. Linked to this very provision is the provision of Section 16 of the Act that reads as follows : "16. AFFILIATING BODY TO GRANT AFFILIATION AFTER RECOGNITION OR PERMISSION BY THE C COUNCIL Notwithstanding anything contained in any other law for the time being in force, no examining body shall, on or after the appointed day;-- (a) grant affiliation, whether provisional or D otherwise, to any institution; or (b) hold examination, whether provisional or otherwise, for a course or training conducted by a recognized institution, E Unless the institution concerned has obtained recognition from the Regional Committee concerned, under Section 14 or permission for a course or training under Section 15."

31Copy pinpoint31. The institution which does not comply with the terms F and conditions imposed or contravenes any terms and conditions subject to which the recognition was granted, any regulation, orders made under the Act and/or any provision of the Act, the NCTE may withdraw recognition of such recognized institution for reasons to be recorded in writing under Section G 17(1) subject to compliance of the conditions stated therein. Once the recognition is withdrawn, the following very serious consequences follow in terms of Section 17(3) of the Act :

1. such institution shall discontinue the course or H

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A training in teacher education;

2. the concerned University or the examining body shall cancel affiliation of the institution in accordance with the order passed under sub- section (1) with effect from the end of the academic 8 session next following the date of communication of the said order.

32Copy pinpoint32. Following the date of communication of such order, an institution which carries on and offers any course of training in teacher education in terms of Section 17(4), the degree C obtained from such an institution shall not be treated as valid qualification for employment under any State Government or the Central Government, Government University or school, college or any other Government institution. o 33. From the reading of the above provisions, it is clear that the NCTE is expected to perform functions of a very high order and to ensure maintenance of higher standards of education in teachers training. Default in compliance of its orders/directions can result in very serious consequences and, in fact, would render the concerned institute ineffective and inoperative. Where the recognition by the NCTE gives benefits of wide magnitude to an institute, there the withdrawal of recognition not only causes impediments in dispensation of teacher training courses by that institution but the institution is obliged to discontinue such courses from the specified time.

34Copy pinpoint34. Section 16 opens with a non obstante language and has an overriding effect over all other laws for the time being in force. It requires that unless the institution concerned has obtained recognition from the Regional Committee concerned, no examining body 'shall', on or after the appointed day, grant affiliation, whether provisional or otherwise, or even hold examination, whether provisional or otherwise, for the courses in the teacher training programme. On the other hand, Section 17(3) also uses the expression 'shall' thereby making it mandatory for the University or the examining body to cancel

MAA VAISHNO DEVI MAHILA MAHAVIDYALAYA v. 845 STATE OF U.P. & ORS. [SWATANTER KUMAR, J.)

affiliation of the institution in accordance with the order passed by the NCTE withdrawing the recognition of the Institution. These provisions convey the significant, vital and overriding effect of this Act in comparison to other laws in force.

35Copy pinpoint35. To perform its functions, the NCTE constitutes regional committees which are divided into four different regions. The 8 purpose of constitution of these committees is to effectively deal with the aspect of grant, continuation or refusal of the recognition. It has two objectives to attain - (1) convenience for all stakeholders; and (2) more effective implementation of the provisions of the Act. Section 32 empowers the NCTE to make regulations not inconsistent with the provisions of the Act and the Rules made thereunder, generally to carry out the provisions of the Act. The Regulations are to deal with various subjects including providing of norms, guidelines and standards in respect of minimum qualification for a person to be employed as a teacher, starting of new courses or training in recognized institutions, standards in respect of examinations leading to teacher education, qualifications and other specified matters. The Central Government, in exercise of the power vested in it under Section 31(1) of the Act, framed the Rules called the E 'National Council for Teacher Education Rules, 1997'. These Rules, in detail, deal with the expert members of the NCTE, powers and duties of the Chair-person, appeals which a person could make in terms of Rule 10 in relation to the orders passed under Sections 15, 16 and 17 of the Act. However, these Rules F were subjected to amendment vide notification dated 15th September, 2003.

36Copy pinpoint36. Vide notification dated 13th November, 2002, the 'NCTE (Form of application for recognition, the time limit of submissions of application, determination of norms and G standards for recognition of teacher education programmes . and permission to start new course or training) Regulations, 2002' were notified to deal with the prescribed procedure for making applications for recognition as well as how it is to be dealt with and grant and refusal of recognition. Under H

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A Regulation 8, it was specified that the norms and standards for various teacher education courses should be separately provided for separate courses. Resultantly, under Appendix 3 to Appendix 14, norms and standards in relation to various courses, which were to be complied with by the applicant, were e specified. The object was to bring greater transparency and specialization into the entire process of grant of recognition to the institutions. For example, norms and standards for secondary teacher education programme was provided under Appendix 7. Similarly, other courses were provided different c standards. Appendix 1A prescribed the form of an application for grant of recognition of teacher education institutions/ permission to start a new course or increase in intake. This application contained all information that was necessary for the Regional Committee to entertain an application and know the requisite details, as contemplated under Section 14(1)(a). 0

37Copy pinpoint37. Further, to facilitate the operation of the Regulations and for removal of functional difficulties, after consultation with different quarters, the NCTE framed regulations under Section 32 of the Act which were called the 'National Council for E Teachers Education (Recognition, Norms and Procedure) Regulations, 2005'. Under these Regulations, different time limits were provided within which the applications were to be dealt with and responded to by different stakeholders involved in the process of grant/refusal of recognition. Under these F Regulations, the applications which were complete in all respects had to be processed by the office of the concerned Regional Committee within 30 days of the receipt of such application. A written communication along with a copy of the application form submitted by the institution of the concerned State/Union Territory shall be sent to the State Government/UT G Administration concerned. On receipt of the application, the State Government/UT Administration concerned was required to furnish its recommendations to the office of the Regional Committee concerned within 60 days from the receipt. If the recommendation was negative, the State Government was H

MAA VAISHNO DEVI MAHILA MAHAVIDYALAYA v. 847 STATE OF U.P. & ORS. [SWATANTER KUMAR, J.] required to provide detailed reasons/grounds thereof in terms of Regulation 7(3) of the Regulations. Then, the expert team was to be appointed which was to visit the institution. Video tapes of the visiting team were to be placed before the Regional Committee along with its recommendations and the Regional Committee was to decide grant of recommendation or permission to the institution only after all the conditions prescribed under the Act, Rules, Regulations and the norms and standards laid down were satisfied. The institution concerned was required to be informed of the decision for grant/refusal of recognition or permission. It could impose such conditions as the NCTE may deem fit and proper.

38Copy pinpoint38. Thereafter, vide notification dated 27th November, 2007, again in exercise of its powers under sub-section (2) of Section 32, the NCTE revised the Regulations and these are called the 'National Council for Teacher Education (Recognition, o Norms and Procedure) Regulations, 2009'. They deal with the applicability, eligibility, manner of making application and time limits, processing fee, processing of applications, conditions for granting recommendation, norms and standards, academic calendar, power to relax any of the provisions of these E Regulations, etc. These Regulations are quite comprehensive and under Regulation 13, the Regulations of 2007 and 2005 both are repealed and it is stated in Regulation 13(3) that the repeal of the said earlier Regulations shall not affect previous operation of any Regulation so repealed or anything duly done thereunder. Under Regulation 5, the application has to be filed in the manner prescribed and within the time specified. Under Regulation 5(4), duly completed application in all respects may be submitted to the Regional Committee concerned during the period from 1st day of September, till 31st day of October of the preceding year to the academic session for which recognition has been sought. Regulation 5(4), however, provided that the condition of last date for submission of application shall not apply to any innovative programme of teacher education for which separate guidelines have been H

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A issued by the NCTE. The final decision on all the applications received, either recognition granted or refused, shall be communicated to the applicant on or before 15th day of May of the succeeding year. These Regulations take note of even minute details like that if there is any omission or deficiency in 8 the documents, the Regional Committee shall point out the deficiency within 45 days of the receipt of the application which the applicant shall remove within 60 days from the date of receipt of communication of such deficiency. In terms of Regulation 7(2), like in the 2007 Regulations, a written C communication along with a copy of the application has to be sent to the State Government or the Union Territory Administration within 30 days from the date of the receipt of the application inviting recommendations or comments which are to be submitted by them within 45 days of the issue of letter to the State or the Union Territory, as the case may be. After D consideration of the recommendations, the Regional Committee shall decide as regards the inspection of the institutions and communicate the same to the institution. The Regional Committee shall ensure that inspection is conducted within 30 days from the date of this communication to the E institution. The experts are to visit the institution and submit their report. The inspection has to be video-graphed. Considering the recommendation of the State Government, the Regional Committee shall grant or refuse the recognition within the specified date. It is also required under these Regulations F [Regulation 8(2)] that, in the first instance, an institution shall be considered for grant of recognition of only one course for the basic unit as prescribed in the norms and standards for the particular teacher education programme. After completion of three academic sessions of the respective course, it can submit G an application for one basic unit only of an additional course or for an additional unit of the existing recognized course before the cut-off date prescribed for submission of applications in the year succeeding the completion of three academic sessions. After the recognition has been granted in terms of Regulation H 11, it is incumbent upon the affiliating body to regulate the

MAA VAISHNO DEVI MAHILA MAHAVIDYALAYA v. 849 STATE OF U.P. & ORS. [SWATANTER KUMAR, J.] process of admission in teacher education institutions by A prescribing the schedule or academic calendar in respect of each of the courses listed in Appendix 1 to 13 to the Regulations and this has to be done at least three months in advance of the commencement of each academic session and upon due publicity. B

39Copy pinpoint39. This is the scheme of grant and/or refusal of the recognition to an institution dealing with various courses of teacher training programme.

40Copy pinpoint40. Under the scheme of the NCTE Act, there are three c principal bodies involved in processing the applications for grant or refusal of recognition for running of teacher training courses by various institutions. They are the NCTE, the State Government, the affiliating body or the University, as the case may be. Each of these stakeholders has been assigned a definite role under the provisions of the NCTE Act and even the stage at which such role is required to be performed. The provisions of the NCTE Act even identify the scope and extent of power which each of these bodies is expected to exercise. As already noticed, the NCTE Act has been enacted with the object of constituting a National Council with a view to achieve planned and coordinated development of teacher education system throughout the country and also to ensure maintenance of proper norms and standards in teacher education system. The NCTE is a specialized body and is expected to perform varied functions including grant of recognition, ensuring maintenance of proper norms and standards in relation to teacher education, inspection of the colleges through experts and to ensure strict adherence to the time schedule specified under the NCTE Act and rules and regulations framed therein.

41Copy pinpoint41. The NCTE Act is a special act enacted to cover a G particular field, i.e. teacher training education and, thus, has to receive precedence over other laws in relation to that field. No institution or body is empowered to grant recognition to any institution under the NCTE Act or any other law for the time being in force, except the NCTE itself. Grant of recognition H

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A by the Council is a condition precedent to grant of affiliation by the examining body to an institute.

42Copy pinpoint42. The non-obstante language of Section 16 requires the affiliating body to grant affiliation only after recognition or permission has been granted by the NCTE. The provisions of B Section 16 give complete supremacy to the expert body/NCTE in relation to grant of recognition. In fact, it renders the role of other bodies consequential upon grant and/or refusal of recognition. When the NCTE is called upon to consider an application for grant of recognition, it has to consider all the aspects in terms of Section 14(1)(a) of the NCTE Act. The amplitude of this provision is very wide and hardly leaves any matter relatable to an educational institution outside its ambit. To put it simply, the NCTE is a supreme body and is vested with wide powers to be exercised with the aid of its expertise, in granting or refusing to grant recognition to an educational institution. The NCTE is the paramount body for granting the approval/recognition not only for commencing of fresh courses but even for increase in intake, etc. The Council has to ensure maintenance of educational standards as well as strict adherence to the prescribed parameters for imparting of such educational courses, including the infrastructure. The provision and scheme of the NCTE Act is pari materia to that of the Medical Council of India Act, 1956 and the All India Council for Technical Education Act, 1987 etc.

43Copy pinpoint43. Now, we may examine some of the judgments of this Court which have dealt with these aspects. In the case of State of Tamil Nadu and Anr. v. Adhiyaman Educational & Research Institute and Ors. (1995) 4 sec 104 the Supreme I

Court while discussing various aspects in regard to constitutional validity of Tamil Nadu Private College Regulation Act, 1976 and the provisions of the All India Council for Technical Education Act clearly spelled out the preferential role of the Council as under: "22. The aforesaid provisions of the Act including its preamble make it abundantly clear that the Council has

MAA VAISHNO DEVI MAHILA MAHAVIDYALAYA v. 851 STATE OF U.P. & ORS. [SWATANTER KUMAR, J.] been established under the Act for coordinated and integrated development of the technical education system at all levels throughout the country and is enjoined to promote qualitative improvement of such education in relation to planned quantitative growth. The Council is also required to regulate and ensure proper maintenance of 8 norms and standards in the technical education system. The Council is further to evolve suitable performance appraisal system incorporating such norms and mechanisms in enforcing their accountability. It is also required to provide guidelines for admission of students and has power to withhold or discontinue grants and to de- recognise the institutions where norms and standards laid down by it and directions given by it from time to time are not followed. This duty and responsibility cast on the Council implies that the norms and standards to be set should be such as would prevent a lopsided or an isolated development of technical education in the country . ... It is necessary to bear this aspect of the norms and standards to be prescribed in mind, for a major debate before us centered around the right of the States to prescribe standards higher than the one laid down by the Council. What is further necessary to remember is that the Council has on it representatives not only of the States but also of the State Universities. They have, therefore, a say in the matter of laying down the norms and standards which may be prescribed by the Council for such education from time to time. The Council has further the Regional Committees, at present, at least, in four major geographical zones and the constitution and functions of the Committees are to be prescribed by the regulations to be made by the Council. Since the Council has the representation of the States and the provisional bodies on it which have also representation from different States and regions, they have a say in the constitution and functions of these Committees as well .... " H

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44Copy pinpoint44. Further, the Court, while noticing the inconsistency between the Central and State statutes or the State authorities acting contrary to the Central statute, held as under : "41. (vi) However, when the situations/seats are available and the State authorities deny an applicant the same on B the ground that the applicant is not qualified according to its standards or qualifications, as the case may be, although the applicant satisfies the standards or qualifications laid down by the Central law, they act unconstitutionally. So also when the State authorities de- c recognise or disaffiliate an institution for not satisfying the standards or requirement laid down by them, although it satisfied the norms and requirements laid down by the Central authority, the State authorities act illegally. xxx xxx xxx D

43. As a result, as has been pointed out earlier, the provisions of the Central statute on the one hand and of the State statutes on the other, being inconsistent and, therefore, repugnant with each other, the Central statute will prevail and the de-recognition by the State Government E or the disaffiliation by the State University on grounds which are inconsistent with those enumerated in the Central statute will be inoperative."

45Copy pinpoint45. Still, in another case of Jaya Gokul Educational Trust F v. Commissioner & Secretary to Government Higher Education Deptt., Thiruvananthapuram, Kera/a State and Anr. [2000) 5 SCC 231), the Court reiterating the above principle, held as under: "22. As held in the Tamil Nadu case AIR 1995 sew G 2179, the Central Act of 1987 and; in particular, Section 1O(K) occupied the field relating the ·grant of approvals' for establishing technical institutions and the provisions of the Central Act alone were to be complied with. So far as the provisions of the Mahatma Gandhi University Act H or its statutes were concerned and in particular statute

MAA VAISHNO DEVI MAHILA MAHAVIDYALAYA v. 853 STATE OF U.P. & ORS. [SWATANTER KUMAR, J.]

9(7), they merely required the University to obtain the A 'views' of the State Government. That could not be characterised as requiring the "approval" of the State Government. If, needed, the University statute could be so interpreted, such a provision requiring approval of the State Government would be repugnant to the provisions B of Section 1O(K) of the AICTE Act, 1987 and would again be void. As pointed out in the Tamil Nadu case there were enough provisions in the Central Act for consultation by the Council of the AICTE with various agencies, including the State Governments and the Universities concerned. The c State Level Committee and the Central Regional Committees contained various experts and State representatives. In case of difference of opinion as between the various consultees, the AICTE would have to go by the views of the Central Task Force. These were 0 sufficient safeguards for ascertaining the views of the State Governments and the Universities. No doubt the question of affiliation was a different matter and was not covered by the Central Act but in the Tamil Nadu case, it was held that the University could not impose any conditions inconsistent with the AICTE Act or its Regulation or the conditions imposed by the AICTE. Therefore, the procedure for obtaining the affiliation and any conditions which could be imposed by the University, could not be inconsistent with the provisions of the Central Act. The University could not, therefore, in any event have sought for 'approval' of the State Government."

46Copy pinpoint46. This view of the Supreme Court was reiterated with approval by a larger Bench of the Supreme Court in the case of State of Maharashtra v. Sant Dnyaneshwar Shikshan G Shastra Mahavidya/aya and Ors. [(2006) 9 SCC 1]. While discussing in detail the various legal issues in relation to grant of affiliation/ recognition to the institution and permission to start a new college, the Court held as under: "53. The Court then considered the argument put forward H

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A on behalf of the State that while it would be open for the Council to lay down minimum standards and requirements, it did not preclude the State from prescribing higher standards and requirements.

54. Negativing the contention, the Court quoted with B approval the following observations of B.N. Rau, J. in G.P. Stewart v. Brojendra Kishore Roy Chaudhury (AIR 1939 Cal. 628 : 43 Cal. W.N. 913) : "It is sometimes said that two laws cannot be said to be properly repugnant unless there is direct c conflict between them, as when one says 'do' and the other 'dont', there is no true repugnancy, according to this view, if it is possible to obey both the laws. For reasons which we shall set forth presently, we think that this is too narrow a test; there may well be cases of repugnancy where both laws say 'don't' but in different ways. For example, one law may say 'no person shall sell liquor by retail, that is, in quantities of less than five gallons at a time' and another law may say, 'no person shall sell liquor by retail, that is, in quantities of less than ten gallons at a time'. Here, it is obviously possible to obey both laws, by obeying the more stringent of the two, namely, the second one; yet it is equally obvious that the two laws are repugnant, for to the extent to which a citizen is compelled to obey one of them, the other, though not actually disobeyed, is nullified." xxx xxx xxx

G 64. Even otherwise, in our opinion, the High Court was fully justified in negativing the argument of the State Government that permission could be refused by the State Government on "policy consideration". As already observed earlier, policy consideration H was negatived by this Court in Thirumuruga

MAA VAISHNO DEVI MAHILA MAHAVIDYALAYA v. 855 STATE OF U.P. & ORS. [SWATANTER KUMAR, J.]

Kirupananda Variyar Thavathiru Sundara A Swamiga/ Medical Educational and Charitable Trust Vs. State of Tamil Nadu, 1996 DGLS (soft) 327 : 1996 (3) S.C.C. 15 : JT 1996 (2) S.C. 692 as also in Jaya Gokul Educational Trust. XXX XXX XXX B

74. It is thus clear that the Central Government has considered the subject of secondary education and higher education at the national level. The Act of 1993 also requires Parliament to consider teacher- C education system "throughout the country". NCTE, therefore, in our opinion, is expected to deal with applications for establishing new Bed colleges or allowing increase in intake capacity, keeping in view the 1993 Act and planned and coordinated development of teacher- education system in the country. It is neither open to the State Government nor to a university to consider the local conditions or apply "State policy" to refuse such permission. In fact, as held by this Court in cases referred to hereinabove, the State Government has no power to reject the prayer of an institution or to overrule the decision of NCTE. The action of the State Government, therefore, was contrary to law and has rightly been set aside by the High Court." F

47Copy pinpoint47. The above enunciated principles clearly show that the Council is the authority constituted under the Central Act with the responsibility of maintaining education of standards and judging upon the infra-structure and facilities available for imparting such professional education. Its opinion is of utmost G importance and shall take precedence over the views of the State as well as that of the University. The concerned Department of the State and the affiliating University have a role to play but it is limited in its application. They cannot lay down any guideline or policy which would be in conflict with the Central H

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A statute or the standards laid down by the Central body. State can frame its policy for admission to such professional courses but such policy again has to be in conformity with the directives issued by the Central body. In the present cases, there is not much conflict on this issue, but it needs to be clarified that while B the State grants its approval, and University its affiliation, for increased intake of seats or commencement of a new course/ college, its directions should not offend and be repugnant to what has been laid down in the conditions for approval granted by the Central authority or Council. What is most important is c that all these authorities have to work ad idem as they all have a common object to achieve i.e. of imparting of education properly and ensuring maintenance of proper standards of education, examination and infrastructure for betterment of educational system. Only if all these authorities work in a 0 coordinated manner and with cooperation, will they be able to achieve the very object for which all these entities exist.

48Copy pinpoint48. The NCTE Act has been enacted by the Parliament with reference to Entry 66 of List I of Schedule VII of the Constitution. There is no such specific power vested in the E State Legislature under List II of the Seventh Schedule. Entry 25 of List Ill of the Seventh Schedule is the other Entry that provides the field for legislation both to the State and the Centre, in relation to education, including technical education, medical education and Universities; vocational and technical training and labour. The field is primarily covered by the Union List and thus, the State can exercise any legislative power under Entry 25, List Ill but such law cannot be repugnant to the Central law. Wherever the State law is irreconcilable with the Central law, the State Law must give way in favour of the Central law to the extent of repugnancy. This will show the supremacy of the Central law in relation to professional education, including the teacher training programmes. In the case of Medical Council of India v. State of Kamataka [(1998) 6 SCC 131], the Court had the occasion to discuss this conflict as follows: - H "27. The State Acts, namely, the Karnataka Universities

MAA VAISHNO DEVI MAHILA MAHAVIDYALAYA v. 857 STATE OF U.P. & ORS. [SWATANTER KUMAR, J.] Act and the Karnataka Capitation Fee Act must give way to the Central Act, namely, the Indian Medical Council Act,

1956. The Karnataka Capitation Fee Act was enacted for the sole purpose of regulation in collection of capitation fee by colleges and for that, the State Government is empowered to fix the maximum number of students that can be admitted but that number cannot be over and above that fixed by the Medical Council as per the regulations. Chapter IX of the Karnataka Universities Act, which contains provision for affiliation of colleges and recognition of institutions, applies to all types of colleges and not c necessarily to professional colleges like medical colleges. Sub-section (10) of Section 53, falling in Chapter IX of this Act, provides for maximum number of students to be admitted to courses for studies in a college and that number shall not exceed the intake fixed by the university 0 , or the Government. But this provision has again to be read subject to the intake fixed by the Medical Council under its regulations. It is the Medical Council which is primarily responsible for fixing standards of medical education and overseeing that these standards are maintained. It is the E Medical Council which is the principal body to lay down conditions for recognition of medical colleges which would include the fixing of intake for admission to a medical college. We have already seen in the beginning of this judgment various provisions of the Medical Council Act. It is, therefore, the Medical Council which in effect grants recognition and also withdraws the same. Regulations under Section 33 of the Medical Council Act, which were made in 1977, prescribe the accommodation in the college and its associated teaching hospitals and teaching and technical staff and equipment in various departments in the college and in the hospitals. These regulations are in considerable detail. Teacher-student ratio prescribed is 1 to 10, exclusive of the Professor or Head of the Department. Regulations further prescribe, apart from other things, that the number of teaching beds H

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A in the attached hospitals will have to be in the ratio of 7 beds per student admitted. Regulations of the Medical Council, which were approved by the Central Government in 1971, provide for the qualification requirements for appointments of persons to the posts of teachers and B visiting physicians/surgeons of medical colleges and attached hospitals. xxx xxx xxx

29. A medical student requires gruelling study and that c can be done only if proper facilities are available in a medical college and the hospital attached to it has to be well equipped and the teaching faculty and doctors have to be competent enough that when a medical student comes out, he is perfect in the science of treatment of human beings and is not found wanting in any way. The D country does not want half-baked medical professionals · coming out of medical colleges when they did not have full facilities of teaching and were not exposed to the patients and their ailments during the course of their study. The Medical Council, in all fairness, does not wish to invalidate the admissions made in excess of that fixed by it and does not wish to take any action of withdrawing recognition of the medical colleges violating the regulation. Henceforth, however, these medical colleges must restrict the number of admissions fixed by the Medical Council. After the insertion of Sections 10-A, 10-B and 10-C in the Medical Council Act, the Medical Council has framed regulations with the previous approval of the Central Government which were published in the Gazette of India dated 29-9-1993 (though the notification is dated 20-9-1993). Any medical college or institution which wishes to increase the admission capacity in MBBS/higher courses (including diploma/degree/higher specialities), has to apply to the Central Government for permission along with the permission of the State Government and that of the university with which it is affiliated and in conformity with

MAA VAISHNO DEVI MAHILA MAHAVIDYALAYA v. 859 STATE OF U.P. & ORS. [SWATANTER KUMAR, J.] the regulations framed by the Medical Council. Only the medical college or institution which is recognised by the Medical Council can so apply."

49Copy pinpoint49. A Constitution Bench of this Court in the case of Dr. Preeti Srivastava & Anr. v. State of Madhya Pradesh & Ors. ((1999) 7 SCC 120), while dealing with the provisions of the B Medial Council of India Act and referring to Entry 25 of List Ill and Entry 66 of List I with reference to the Articles 245, 246, 254 and 15(4) of the Constitution, spelled out the supremacy of the Council and the provisions of the Central Act, particularly in relation to the control and regulation of higher education. It C also discussed providing of the eligibility conditions and qualifications and determining the standards to be maintained by the Institutions. The Court in paragraph 36 of the judgment held as under: - "36. It would not be correct to say that the norms for admission have no connection with the standard of education, or that the rules for admission are covered only by Entry 25 of List Ill. Norms of admission can have a direct impact on the standards of education. Of course, there can be rules for admission which are consistent with or do not affect adversely the standards of education prescribed by the Union in exercise of powers under Entry 66 of List I. For exampte, a State may, for admission to the postgraduate medical courses, lay down qualifications in addition to those prescribed under Entry 66 of List I. F This would be consistent with promoting higher standards for admission to the higher educational courses. But any lowering of the norms laid down can and does have an adverse effect on the standards of education in the institutes of higher education. Standards of education in G an institution or college depend on various factors. Some of these are: (1) the calibre of the teaching staff; • H