Shiv Shankar Munda Vs. Chair Person National Council - Court Judgment

1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(PIL) No. 327 of 2011 Shiv Shankar Munda ...... Petitioner Vrs. Chair Person, National Council for Teacher Education and others ...... Respondents ------ CORAM: HONBLE THE CHIEF JUSTICE HONBLE MRS. JUSTICE JAYA ROY ------ For the Petitioner : Mr. Manoj Tandon, Adv. Mr. Shiv Shankar Kumar, Adv. For the Respondents: Mr. P.D. Agarwal, Adv.(NCTE) Mr. Rahesh Shankar, SC I Mrs. I. Sen Choudhary, Adv. Order No.14 Dated 25th July, 2013. Heard learned counsel for the parties.

2. This 'Public Interest Litigation' has been filed seeking a writ of mandamus commanding upon the respondents to ensure strict compliance of the guidelines/norms issued by the National Council for Teacher Education (NCTE) for proper running of B.Ed. Colleges (Self Financed) in the State of Jharkhand. The further direction was sought that respondents may be directed to hold proper enquiry as to the violation of the guidelines/norms issued by the NCTE and if any college is found guilty for violating the norms/guidelines of NCTE, to take appropriate action.

3. We need not to mention here what has been stated by the petitioner in view of the fact that the grievance of the petitioner has been fully admitted in the supplementary counter affidavit filed by the NCTE, dated 24.7.2013. As usual, the condition of B.Ed. Colleges in the State of Jharkhand is also shocking and shocking beyond proportion.

4. It is submitted by learned counsel for NCTE that there are 95 B.Ed. Colleges in the State of Jharkhand. After order passed in this 2 petition by this Court, the NCTE issued notice to these Colleges to give the detail facts of their staff in view of the direction issued by this Court in this petition. Out of 95, 93 B. Ed. Colleges responded and gave certain details of teaching faculty. In 54 B.Ed. Colleges, in fact, virtually there is no regular teaching staff. According to learned counsel for NCTE, as per the norms, for every 100 students, 06 regular and 02 part-time teachers with one Principal is required. However, the fact situation is that in almost all the Colleges,either no regular teacher is there or if there is any sanctioned post, then the post is vacant.

5. Learned counsel for the petitioner vehemently submitted that in fact, out of these 95 B.Ed. Colleges, most of the Colleges are only having their 'press' and they used to print the degree certificate and distribute it on payment basis. Learned counsel for the petitioner also submitted that NCTE is a Statutory Body and had been given ample power to take stern action against erring institutions which includes derecognition of the erring institution and any candidate/student, who passed out from such institutions, cannot get employment anywhere in India. NCTE is supposed to give the grant also and inspect the institution to see that whether the norms of NCTE are followed or not? 6. Learned counsel for NCTE submitted that NCTE will take stern action against B.Ed. Colleges, who have not followed the norms/guidelines of NCTE. Learned counsel for NCTE fairly submitted the correct picture before this Court in the affidavit dated 24.7.2013 of NCTE, that NCTE will take all endeavour to see that norms and standard of NCTE are to be maintained and if necessary, withdrawal of recognition of erring college/institution be initiated”

7. After going through the counter affidavit, dated 24.7.2013 as well as annexures, annexed with the affidavit, we are of the considered opinion that there is no hesitation in holding that NCTE failed to discharge its duty and obligations which are statutory obligations. NCTE may take action because of order of this Court but question is not that they will take stern action as NCTE cannot disobey the order of this Court by any stretch of imagination and, therefore, whatever they will do by virtue of this order is not the act of NCTE itself. The act of the authority or Corporation or Government must appear from their own action and not from the action taken under compulsion of the order of the Court. Hon'ble Supreme Court, in so many judgments, has again and again reiterated that there should not be any compromise with the standard of the teacher in any way and the responsibility of that standard is upon NCTE, who failed to discharge its duty in the State of Jharkhand, and it can be seen from the above facts. But this is not the full picture of the grave situation in the State of Jharkhand because of the reason of non-availability of much more grave fact situation of these B.Ed. Colleges.

8. As per annexure- R.2/J of counter affidavit, dated 24.7.2013, it appears that one Amit Kumar is holding four posts in four Cities of the State of Jharkhand and that too, in the biggest four Cities of Jharkhand namely Bokaro, Dhanbad, Hazaribagh and Ranchi. He is Asst. Professor in Al- Habeeb Teachers Training College, Sector-VI, Bokaro Steel City, District:Bokaro, Jharkhand. He is also Lecturer in three B.Ed. Colleges namely Parjanya B.Ed. College, Plot No. 1,3, 4,5,6, Street No. Hirak Road, Vill. Paharpur, P.O. Baliapur, Dist. Dhanbad, Jharkhand; Sri Ramakrishna Sarada Ashrama Teacher's Training College, Plot No. 1666, 1670, 1671, 1672, 1698, 1700, 4 At/PO-Hazaribagh, Dist. Hazaribagh, Jharkhand and Jaspuria B.Ed. College, Plot No. 155, Vill. Bisa, PO-Getalsud, Tehsil/Taluka-Angara, Town/City-Ranchi, Dist.-Ranchi. Another person Ajit Kumar Singh is holding the post of Lecturer in Swami Ram Krishan Paramhansh Teacher Training College, Vill/PO-Karmatand, Dist. Bokaro, Jharkhand and he is also holding the same post in Dr. S. Radhakrishnan Teachers' Training College, Plot No. 1024, 1032, 1033, 1034, 1035, Vill. Sukarigarha, PO-Lari, City-Ramgarh, Dist. Hazaribagh, Jharkhand. Third person namely Anita Kumari is holding the post of Lecturer in three B.Ed. Colleges namely Tata College, Chaibasa, Singhbhum(West), Jharkhand; Parjanya B.Ed. College, Plot No. 1,3, 4,5,6, Street No. Hirak Road, Vill. Paharpur, P.O. Baliapur, Dist. Dhanbad and Binod Bihari Mahato Memorial Teachers Training College, Plot No. 85/682, Street No. NH-2, Vill Sahubahiyar, PO- Topchanchi, Town/City/Dist. Dhanbad. One Basant Kumar is holding the post of Lecturer in two colleges i.e., in Binod Bihari Mahato Memorial Teachers Training College, Dist. Dhanbad and another college Dhanbad Teachers'Training College, Dhanbad. One Dr. Venna Kumari is holding the post of Lecturer in Chatra College, Jharkhand and she is also holding the post of Principal in Sanghamitra Teacher Training College, Ormanjhi, Dist. Ranchi, Jharkhand. Another person, Sweta Smriti Kujur is also holding the post of Lecturer in Subash Teacher's Training College, Vill. Koldiha, Dist. Giridih, Jharkhand and also in Maharshi Paramhansh College of Education, Ramgarh, Dist. Hazaribagh, Jharkhand. One Seema Singh is also holding the post of Lecturer in five different B.Ed. Colleges namely Jasidih B.Ed. College, Jasidih, Dist. Deoghar, Jharkhand; Santosh College of Teacher's Training Education, Centre for Bio-informatics Campus, Balsiring, PO. Tupudana, Dist. Ranchi, Jharkhand; Swami 5 Ram Krishan Paramhansh Teacher Training College, Vill/PO- Karmatand, Dist. Bokaro, Jharkhand; Parjanya B.Ed. College, Plot No. 1,3, 4,5,6, Street No. Hirak Road, Vill. Paharpur, P.O. Baliapur, Dist. Dhanbad and Dr. S. Radhakrishnan College of Education, Vill/PO- Chiksia, Tehsil/Taluka/City-Chas, Dist. Bokaro, Jharkhand. One Uma Singh is also holding the post of Lecturer in Rahat College of Education, Tehsil/Taluka-Barbad, Town/City-Madhupur, Dist.- Deoghar, Jharkhand and in one place i.e., in Chanakya Teachers Training College, Vill. Sapaha, PO-Madhupur, Dist. Deoghar, Jharkhand he is posted as teacher of Part-time Arts and Drama.

9. According to learned counsel for NCTE, holding two posts by one person is impermissible.

10. This is the affair of B.Ed./Teachers Training Colleges in the State of Jharkhand. As we have already observed that NCTE has failed to discharge its statutory obligations in maintaining the norms in B.Ed. Colleges, we are of the considered opinion that NCTE now should act and should immediately take stern action against the erring B.Ed./Teachers Training Colleges by making a complete inspection and submit a detailed report of all B.Ed./Teachers Training Colleges before this Court with their total available space of such colleges with complete details about their right to possess the premises where institutions are running, whether they are real owner of the premises or they are lessees; total accommodation available, which is sufficient for running B.Ed. Colleges or not as per the norms prescribed by NCTE; their fee structures and if there is any allegation of taking capitation fee or any other charges beyond the norms of NCTE, what action has been taken by NCTE against them. NCTE is further directed to disclose whether the teachers, who are holding the post in different B.Ed. /Teachers Training Colleges and 6 doing the job at two or more than two places, have violated the norms of NCTE or not. If it is found that such institutions are violating the norms of NCTE, then what action NCTE is taking against them. If these teachers took the employment in more than one institution in violation of the norms of NCTE, what action NCTE is proposing against those erring persons and show whether the salary received by such persons from more than two Colleges can be recovered from the said persons who took illegal appointment in such educational institutions to impart the education to prospective teachers which is a serious issue of maintaining the standard of teachers.

11. So far as not taking action till now by NCTE, this Court has kept its order even to be passed in future after seeing the action taken by NCTE. However, we also issue show cause notice to Chair Person, NCTE, New Delhi as well as the Regional Director, NCTE, Eastern Zone, Bhubneshwar, Orissa to show cause why their inaction may not be examined by this Court and appropriate order may not be passed irrespective of their working after this order. NCTE may submit its response by or before 09th September, 2013. NCTE will also show what steps it has taken to correct the education system of B.Ed./Teachers Training Colleges.

12. List this case on 09th September, 2013.

13. A copy of this order be given to learned counsel for petitioner, NCTE as well counsel for the State. (Prakash Tatia,C.J.) (Jaya Roy, J.) Sudhir