Dislaimer

The postings on this blog have been prepared by Sarthak Advocates & Solicitors. Unless otherwise indicated, the blog posts are intended to be informative summaries or the opinions of the author concerned. These postings should not be considered as substitutes for considered legal advice. If you have any comments, suggestions or clarifications, please do get in touch with us at knowledge@sarthaklaw.com.

Thursday, November 7, 2013

Education Alert - June – 2013

Education Alert - June – 2013


A.    High Court Cases

1.  Indian Institute of Planning and Management v. All India Council for Technical  Education, decided on May 30, 2013 by the High Court of Delhi. 
    
       Facts:
     A writ petition was filed by the Indian Institute of Planning & Management (“IIPM”) seeking  appropriate writ remedy against the order of AICTE by which IIPM was included in the list of  unapproved institutions running technical programme without AICTE approval. IIPM relied on the  judgment of the Supreme Court in the case of Association of Management of Private Colleges v.   All India Council for Technical Education where the court held that MBA was not technical  education.
      Ruling and Order:
    The Court held that in view of the judgment of the Supreme Court in the case of Association of Management of Private Colleges, AICTE is not concerned with the courses run by the IIPM and AICTE would have no jurisdiction over the petitioner college.

2.    Monalisa Das v. State of West Bengal, decided on June 04, 2013 by the High Court of Calcutta.
     
        Facts:
     The three petitioners had applied for admission to the post graduate degree course in modern medicine under open category seats for the session 2012-13. The three petitioners participated in the second round of counselling but they did not get their desired subjects and institution. They came to know that six post graduate seats were excluded in the second round of counselling. They made a representation on March 12, 2013 for holding an extended second round of counselling to fill up the vacant seats along with other candidates. The respondent indicated that the second round of counselling would be held on March 21 and 22, 2013 for ‘in service’ candidates only. Hence a writ was filed in the nature of mandamus to direct the respondents to relax the time schedule for holding the extended second counselling for the open category candidates. The petitioners contended that the deviation from the Medical Council of India (“MCI”) schedule has been found to be permissible under extraordinary circumstances, and primarily relied on the judgment of the Delhi High Court dated March 7, 2013 in writ petition no. 24431(W) of 2012. The respondent, on the other hand, contended that MCI has set up cut-off dates for open category as May 31, 2012 for the session 2012-13 and the education in respect of those post graduate students who were admitted under the open category has proceeded for a considerable extent and that MCI schedule must be followed. The cut-off dates are mandatory and only in exceptional cases, deviations are permitted.
      Ruling and Order:
    The petition was dismissed on the ground that the instant case did not fall under the extraordinary circumstances to make a deviation. The Court further held that the deviation in the case relied on by the petitioners, was made because as many as 62 seats had remained vacant. Moreover, the petitioners had participated in the second round of counselling and their ranks were not on the top of the waiting list.

3.   Vijayanagara Collage of Education v. The Coordinator Task Force on Teachers Education Bangalore University, decided on June 05, 2013 by the High Court of Karnataka.
     
     Facts:
   The petitioner college had started the B.Ed. Course in 2004 with the recognition of the National Council for Teacher Education (“NCTE”). When the College was shifted to the new premises on 28.11.2007 the NCTE conducted the inspection on 26.10.2010 and passed an order dated 6.5.2011 withdrawing the recognition with effect from the academic year 2011-12. The Karnataka High Court had quashed the order of de-recognition passed by the NCTE and directed the NCTE to reconsider the petitioner's representation.  In the interim, the task force recommended that the affiliation of the petition college should not be renewed for the academic year 2012 – 13. The present petition was filed challenging the order passed by the Bangalore University pursuant to this recommendation.
     Ruling and Order:
     The Court held that the admissions of students were stated between September and November 2012 i.e., after the granting of the interim order of stay for the de-recognition orders passed by NCTE. Therefore, during the material period during which the admissions came to be made, there was no de-recognition order. By the posterior decision of de-recognition, the anterior admissions cannot be invalidated. The court held that the Bangalore University's impugned order was issued on February 28, 2013, long after the commencement of the academic year 2012-13. The Court approved of the admissions of the respondent students for the academic year 2012-13. The Court further directed Bangalore University to consider the petitioner's case for the renewal of affiliation and directed the petitioner institution not to admit any student for the B.Ed. Course for the academic year 2013-14 without obtaining the order of stay/setting aside/quashing of the NCTE's orders de- recognizing the petitioner institution.

4.  The Regional Officer, All India Council for Technical Education v. Jind Institute of Engineering and Technology, decided on June 06, 2013 by the High Court of Punjab and Haryana, Chandigarh
     
      Facts:
    The respondent-institute had submitted an application for getting approval from the AICTE for the academic session 2013-14. The AICTE responded to the application by stating that the same had to be filed under Chapter I of the Approval Process Handbook (“Handbook”) for the Session 2013-14 and also online. The respondent-institute contended that an application under Chapter I of the Approval Process Handbook related only to institutes where a fresh approval is sought for and did not regulate approvals sought by institutes who already had been granted approval during any prior time. The Court directed the respondent-institute to submit an application afresh under Chapter I of the Handbook. The appellants filed a writ petition against the order in the High Court. It was contended that if an application was submitted by the respondent-institute by April 10, 2013, the same would be processed in the light of Chapter I of the Approval Process Handbook and a final order for the academic session 2013-14 would be passed within a period of 15 days thereafter. However, subsequently an application was moved by the appellants to withdraw this stand      Ruling and Order:
     The Court observed that the conduct of the appellants and the stand taken can at best be termed to be ‘audacious’. The Court referring to the judgement in Parshvanath Charitable Trust and others v. All India Council for Technical Education case observed that the decision in the aforementioned case of the Supreme Court calling upon AICTE to ensure proper and timely action upon the application submitted to it would also apply to the present case. The appellants had delayed the decision on the application of the respondent-institute and had kept it in abeyance.
     The Court further held that the fault lay with the appellants as they were trying to subvert the whole process including the directions of the Supreme Court. The Court dismissed the appeal.

5.    St. Stephens Teachers College v. State of Karnataka, Bangalore University, The Registrar, Bangalore University and The Registrar (Evaluation), decided on June 06, 2013 by the High Court of Karnataka, Bangalore.

      Facts:
     The petitioner filed a petition seeking a writ of mandamus directing the respondents to consider and grant affiliation to the petitioner's B.Ed course. The petitioner college started the B.Ed. course in 2005-06 by obtaining the permission from the National Council for Teacher Education (“NCTE”) and obtained affiliation from the Bangalore University. It did not admit any students in 2010-11 and applied for renewal of affiliation to the Bangalore University for 2011-12. However, the same was not disposed off despite there being a court order to do so. The college applied again for the academic year 2012-13 but again there was inaction from the Bangalore University. The petitioner contended that that the NCTE recognition had not been withdrawn and the directions issued by the Government vide its letter, dated March 13, 2013 are binding on the Bangalore University as per Section 59(12) of the Karnataka State Universities Act, 2000.
      Ruling and Order:
     The Court examined the letter dated March 13, 2013 and concluded that the author of the letter had proceeded on the footing that the petitioner college had been given the affiliation for the academic year 2011-12. The Court observed that the said letter was issued either in ignorance of the facts or without application of mind.
     The court held that the recognition granted by NCTE was not withdrawn. Hence, the petitioner college enjoyed the status of a recognized college and its application for the affiliation was pending consideration. The Court passed an order inter alia directing the respondents to take decision in the matter of the grant of affiliation for the petitioner college within an outer limit of three weeks from the date of the issuance of the certified copy of the court’s order.

6.    Dhaya College of Engineering v. the Secretary to Government, decided on June 07, 2013 by the High Court of Madras.

      Facts:
     The petitioner filed a writ petition challenging the order of the Registrar of Anna University by which the university declined affiliation to the college. Through a writ of certiorari the college sought for records on the basis of which the Registrar passed the impugned order. In a series of litigations between the college authorities and the university, the Division Bench of the Madras High Court had previously asked the university authorities to inspect and figure out whether the college had rectified all the defects that pointed out.
      Ruling and Order:
     The court observed that the university from 2011 onwards, under the guise of exercising powers of inspection and verification as per the affiliation norms, had been rejecting the application for provisional affiliation. The Court held that the division bench had directed the university to consider only the deficiencies that were stated to have been rectified and it should not have gone beyond that. The Court issued a writ of mandamus directing Anna University to grant provisional affiliation to the petitioner college forthwith for the academic year 2013-14 and also a counselling code in order to enable the college to participate in counselling and admit students in five different streams. Further, the Registrar of the University was directed to pay a cost of Rs. 25,000.


B.     REGULATIONS

1.   University Grants Commission

1.1 UGC Public Notice on Courses/Study Centres and Territorial Jurisdiction of Universities, dated June 24, 2013.

   University Grant Commission (“UGC”) has issued a public notice on study centres of various universities. The notice inter alia clarified that a university established by a State Act shall only operate within the territorial jurisdiction as stated under its Act. The notice further clarified that private universities or deemed universities cannot affiliate any college or institution for conducting courses leading to award of its diplomas, degrees or other qualification. The UGC also informed that M.Phil/Ph.D courses cannot run under distant mode.


1.2 UGC Notification dated June 17, 2013

    The UGC has issued a notification on June 17, 2013 stating that the commission in exercise of its powers conferred under section 12 of the UGC Act, 1956, has adopted the “Guidelines for DEC Minimum Requirement for Recognition of ODL Institutions”. These guidelines were issued by DEC under the repealed Statute 28 of the IGNOU Act, 1985. UGC further notified that this notification shall cease to be in force with effect from the date of coming into force of the UGC regulations on the subject matter.


C.    NEWS

1.      Karnataka High Court seeks report on RTE from state
      Due to concern over the implementation of Right to Education Act, the High Court directed the state government to file a compliance report on its implementation and facilities that are being provided to underprivileged children. The bench ordered the government to make suggestions to influence parents to send children back to school and reduce dropout rate. The report has to be completed within a week.

2.      Higher Education: UGC for increasing fellowships, reservations
    UGC, concerned over the gaps in the higher education system, will undertake measures to bridge them. These measures include increased number of fellowships, reservations and financial assistance to girls. UGC Chairman Ved Prakash said, “We will take measure such as financial assistance, increase the number of fellowships, open disciplines in certain parts of the country, and incentivise the public institutions for those programmes or even make reservations.”

3.     Nursery schools need recognition too: HC

     The Madras High Court stated that as per law, every educational institution, including a pre-primary school, should obtain recognition and if a plea that no recognition is required for nursery schools is accepted, then there would be several such schools without any kind of control. It was decided that obtaining recognition under RTE Act would apply even to nursery schools.

4.     CBSE guidelines stress on inclusive education
     CBSE deputy secretary, UC Bodh, has written a letter to schools warning them that they would be held responsible if textbooks being used by them are off the mark. If any books have objectionable content, then “the school will have to take responsibility of such content”. Further, the board has laid down guidelines that schools must follow while prescribing textbooks such as they must be ethically, culturally, and constitutionally valid, and schools must verify that the book is based on principles of child-centered education, activity based learning, etc.

5.    CBSE UID must to participate in interschool sports
     CBSE has now made it mandatory for every student to have their own Unique Identity Number if they wish to participate in interschool sports competition. Schools will print the UID card which will have the student’s photograph, and it will be attested with principal’s signature. The decision is part of a broader set of initiatives taken by the board’s sports department in an effort to streamline its operations. The UID is a generic one which allows students to participate in every competition organized by the board across the country. 

6.      Maharashtra Government’s resolution for the establishment of private universities (self-    financed universities)
     After withdrawal of the Maharashtra Self Financed Universities (Establishment & Regulation) Bill, 2011 (“Bill”), the Maharashtra government has issued a resolution to convert the proposal received for self-financed universities by a developer into a Bill and seek the approval of legislature. As per the resolution, a promoter will have to submit a proposal to the state government to set up a private university. The proposal would then be scrutinised and if the proposal is cleared, the government will issue a letter of intent. After that the promoter will have to give a detailed proposal to the government, which will be treated as a bill to set up a private university. The proposed private universities would have to keep 50% reservation for women, low income groups and those domiciled in Maharashtra. The land requirements for self-financed universities have also been substantially reduced as compared to the earlier Bill.

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DISCLAMER
     This newsletter is being provided to the recipient solely for the purpose of his/her/its information. It is meant to be merely an informative summary and should not be treated as a substitute for considered legal advice. This update covers significant legal developments in the field of higher and school education in India during the month of June, 2013, including judgments, laws and notifications issued by courts and the regulatory bodies, as applicable. If you wish to receive more information about any content of this newsletter, please feel free to contact:


      Sarthak Advocates & Solicitors
     A – 35, Sector – 2, NOIDA 201 301
     T: +91 120 430 9050
     E: mani.gupta@sarthaklaw.com

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