CHAIRMAN, BHARTIA EDUCATION SOCIE_TY & Anr. v. STATE OF HIMACHAL PRADESH & Ors.

Judgment

[2011] 2 S.C.R. 461 CHAIRMAN, BHARTIA EDUCATION SOCIE_TY & ANR. v. STATE OF HIMACHAL PRADESH & ORS. (Civil Appeal No. 1227 of 2011) FEBRUARY 02, 2011 [R.V. RAVEENDRAN AND A.K. PATNAIK, JJ.] . Education/Educational Institutions: National Council for Teacher Education Act, 1933: A B c s. 14 - Recognition of Institutions offering course or training in teacher education - Teacher Training Institute run by appellant society - Recognition of Institute by National Council for Teacher Education (NCTE) for conducting two year Junior Basic Training (JBT) from the academic session D 2000 - 2001 - Grant of affiliation to the lns(itute for the JBT course (2001-2003) by State Board of School Education - Admission of 160 students to the two year JBT course in year · 1999 - Grant of one-time relaxation in respect of students admitted by the Institute for the academic session 1999 - 2001 E and direction to the Board to conduct examination - 68 students found eligible out of 160 and permitted to take examination and their result was announced - Remaining 92 students were found ineligible but were permitte(i to take the first year examination - However, their results were not F announced· nor were permitted to take 'second year examination - Writ Petition by the 92 students seeking direction to the Board to decfare their first year results and conduct the second year examination - Di~missed by the High Court - On appeal, held: Practice of admitting students G by unrecognized institutions and then seeking permission for the students to appear for the examinations cannot be accepted .- Having regard to the plovisions o~ the NCTE Act, bef9._re NCTE granted recognition on 17.

7.20<)0, the Institute 461 H i 462 SUPREME COURT REPORTS [2011] 2 S.C.R. A could not offer the JBT course nor admit any students to such course - Tfiere was no recognition in the year 1999 - Therefore, the admissions made by the Institute in the year 1999 for the academic session 1999-2001 are illegal and irregular and could not be approved, recognised or · B regularised - The fact that the admissions of 68 students of 1999-2001 batch had been regularized cannot be a ground to perpetuate an illegality by requiring the Board to conduct the examinations for the remaining 92 students admitted in the year 1999 or declare their results - Thus, order of the High c Court does not call for interference.