P.K. Mohanty, J.
1. The petitioner, Regional College of Physical Education, assails the order dated 20.5.2002 (Annexure-8) of the National Council of Teachers Education, Eastern Regional Committee, rejecting its application for according recognition to CPEd course (Annexure-8) and BPEd course (Annexure-15) conducted by it on the ground that in view of the provision of Section 7-E of the Orissa Education Act no permission can be accorded by the State Government for establishment of a Private Training College or a Secondary Training School for physical education.
2. The brief fact of the case is that 'Regional College of Physical Education' was established in the year 2001 and permission from the Government was sought for, for opening of CPEd. and BPEd courses with 100 seats each for the session 2001 -2002. The Director, Higher Education on behalf of the State Government vide Office Order dated 5.7.2001, copy whereof is Annexure-1, granted permission for the opening of the courses. Opposite Party No. 3 refused to accord recognition to the petitioner-institution mainly on the ground that in view of the provisions of Section 7-E of the Orissa Education Act, the Government Authorities having no power to issue permission/NOC for opening of CPEd and BPEd. Courses by private educational institutions, permission granted is of no consequences and, therefore, in view of the provision in para 5(e) of the National Council of Teachers Education Regulations, requiring permission or recognition by the State Government no recognition could be granted to the petitioner institution.
3. The main thrust of argument of Shri B.M. Patnaik, learned Senior Counsel is that the petitioner-institution being a college of physical education, Section 7-E of the Orissa Education Act has no application and, as such, there was no impediment for the State Government to accord permission or grant NOC for opening of the said courses. The rejection of the petitioner's application being based on the sole ground that the State Government or the appropriate authority had no power or competence to grant permission for opening of the Physical Education College which is a mandatory pre-condition for grant of recognition by the National Council, the rejection of the petitioner's application for recognition is misconceived, illegal and arbitrary.
4. Learned counsel submits that in terms of Sub-section (o) of Section 2 of the Orissa Secondary Education Act, 1952 'Physical Education' comes within the ambit of secondary school and not a teachers' training course. Reference has also been made to Section 4(1) of the Orissa Education Act in support of the contention that the State Government has competence to grant permission for opening of CPEd and BPEd courses in the petitioner-institution.
5. Recognition of institutes for teachers education is made in accordance with the provisions of Chapter - IV of the National Council for Teachers' Education Act, 1993 (hereinafter called the 'NCTE Act'). Section 14(1) of the NCTE Act provides that every institution offering or intending to offer a course or training in a teachers education on or after the appointed day, may for grant of permission under the Act, make an application to the Regional Committee concerned in such form and in such manner as may be determined by the Regulation subject to the stipulations and conditions made therein including a pre-condition that it must obtain NOC/permission from the State Government. Section 18 provides for an appeal by a person aggrieved by an order made under Sections 14, 15 or 16 of the Act.
6. The petitioner admittedly filed an application for grant of recognition to the National Council for Teachers' Education (hereinafter called 'the Council'). The contention of the learned counsel that a College of Physical Education does not come within the scope and ambit of Section 7-E of the Orissa Education Act has to be considered in the context. Section 7-E of the Orissa Education Act prohibits grant of permission for establishment of any 'Private Secondary Training School' or 'Private Training College' or recognize any such school or Training College. A 'Secondary Training School' or Training College' has not been defined in the Orissa Education Act, 1969. Sub-section (f) of Section 3 defines educational institution thus :
'Educational Institution' means any College or a junior College or a Higher Secondary School or any other school defined in this Act or any institution imparting technical and professional education, special education and includes all movable and immovable properties of such School or College, as the case may be.'
Similarly, Recognized Educational Institution has been defined under Sub-section (p) of Section 3 to mean 'any private educational institution', which is or has been recognized under this Act. In absence of any specific definition in the Act, the ordinary dictionary meaning of the term may be taken aid of to construe the import and meaning thereof.
7. In Webster's Encyclopaedic Unabridged the English language, New Revised Edition, the meaning of the expression 'Physical Education' is described as 'a systematic of instruction in sports, exercises and hygiene given as part of a school or college programs. In the said dictionary, 'Training School' has been described as 'a school that provides training in art, profession or vocation' and 'Training College' as 'a college-where the students are trained to be the teacher in elementary or secondary schools or a teachers college.'
8. Thus, taking the ordinary dictionary meaning of the terms 'Training College' or 'Training School' in the context of a private Secondary Training School or a Private Training College as in Section 7-E of the Orissa Education Act, there cannot be any manner of doubt that the expressions described in the Section, includes within its 'ambit, a Training College or a Training School for physical education. The terms 'Training College' or 'Training School' would embrace within its meaning not only a Training School of elementary or secondary education, but a Training School or College of physical education also, In such view of the matter, a Secondary Training School or a Training College as stated in Sub-section (E) of Section 7-E of the Orissa Education Act has to be construed to mean and include a Training School or a College for physical education. Thus, the petitioner-institution, a Physical Training Institute conducting courses for preparing students to appear at the CPEd or BPEd Examination has to be held to be covered, within the scope and ambit of Section 7-E of the Orissa Education Act and, therefore, in view of the prohibition contained in Section 7-E, the State Government was not competent to grant permission for establishment of such a college or recognize such an institute after Section 7-E of the Orissa Education Act came into Statute Book and inserted by Orissa Education (Amendment) Act, 1989 (Orissa Act 15 of 1989). Section 7-E of the Orissa Education Act, may be reproduced below for ready reference.
'7-E. Prohibition of establishment and recognition of certain institution : notwithstanding anything to the contrary contained in this Act, on and after the commencement of the Orissa Education (Amendment) Act, 1989, the State Government shall not accord permission for establishment of any Private Secondary Training School or Private Training College or recognize any such school or college established, if any, prior to the said date.'
9. The contention of the learned Senior Counsel for the petitioner, that a college of Physical Education does not come within the scope and ambit of Section 7-E of the Orissa Education Act has to be rejected. The petitioner otherwise also cannot raise such a plea at this stage since it had applied to the Government for permission/NOC as well as made an application under Section 14(1) of the NCTE Act for recognition to the National Council of Teachers Education. If the petitioner's institution was not covered by the provision of Section 7-E and is not an institution of 'Teachers' Education', as contended, then there was no necessity or occasion for the petitioner to apply to the National Council for Teachers' Education under the Act for recognition. Section 2(e) of the NCTE Act, which defines an Institution to mean an institution which offers courses or training in teachers education. Similarly, 'teacher education' has been defined under Sub-section (1) of the Act as under:
'2(1) 'teacher education' means programmes of education, research or training of persons for equipping them to teach at pre-primary, primary, secondary and senior secondary stages in schools, and includes non-formal education, part-time education, adult education and correspondence education.'
Section 16 prohibits examining bodies from granting affiliation, whether provision or otherwise to any institution or holding examination whether provisional or otherwise for a course of training conducted by a recognized institution, unless the institution concerned has obtained recognition by the Regional Committee considered under Section 14 or permission for a course of training under Section 15 of the NCTE Act.
10. The view we have taken also finds support from the decision in Principal, Sikhyaka Mahasangha Institute of Education (Physical Education), Khurda and Anr. v. Utkal University and Anr.; Vol. 33 (2001) OJD 431 (Civil). A Division Bench of this Court, while considering a similar question, has held that the expression Training College' is of wide amplitude and there is no reason why it shall not include a Training College which imparts physical training education.
11. In such view of the matter, we hold that in view of the prohibition contained in Section 7-E of the Orissa Education Act, the State Government was not competent, rather prohibited from granting any permission for establishment of or recognize a Physical Training Institute like that of the petitioner. The National Council of Teachers Education has rightly ignored such permission or NOC which is contrary to law. The contention of the learned counsel is that in view of Section 4(1) of the Orissa Education Act, the State Government or the Director was competent to grant NOC/permission is misconceived, since Section 4(1) is subject to the provision of Section 7-E of the Act.
12. In such view of the matter, permission said to have been accorded by the Director, Higher Education under Anpexure-1 dated 5.7.2001 has to be held as unauthorized and illegal being contrary to the provision of Section 7-E of the Orissa Education Act and hence the National Council of Teachers' Education cannot be faulted for having ignored such invalid permission and refused to grant recognition to the petitioner's institute under Section 14 of the NCTE Act.
In any view of the matter, we find no merit in the writ petition which is accordingly, dismissed. But in the circumstances, there shall be no order as to costs.
Pradip Mohanty, J.
13. I agree.