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Hardik College of Education, Bhawanigarh, Punjab
Hardik College of Education, Bhawanigarh, Punjab
Address:Plot-363/695, PO Bhawanigarh
Bhawanigarh (District Sangrur)
Punjab, IndiaPin Code : 148026
Hardik College of Education, Bhawanigarh is a recognised institute / college. Hardik College of Education, Bhawanigarh was established on / in 2008.
Principal of Hardik College of Education, Bhawanigarh is Sh. Bakhshish Singh(9417484502, 9815941244).
Hardik College of Education, Bhawanigarh is situated in Bhawanigarh of Punjab state (Province) in India. This data has been provided by www.punjabcolleges.com. Bhawanigarh comes under Bhawanigarh Tehsil, Sangrur District.
Mobile No(s) of concerned persons at Hardik College of Education, Bhawanigarh are Chairman 98884-63599, 98152-00427, 99153-21729, 93176-08800.
Contact Details of Hardik College of Education, Bhawanigarh are : Telephone: +91-1672-272483
Collegename spelling confusion:
College mentions itself as Haardik i.e. with double aa. However people generaly spell it as Hardik.
Courses offered in Hardik College of Education, BhawanigarhB Ed
Number of seats in Hardik College of Education, Bhawanigarh is 100.
Hardik College of Education, Bhawanigarh runs course(s) in Education stream(s).
Hardik College of Education is affiliated with Punjabi University, Patiala (Punjab)
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HAARDIK EDUCATIONAL SOCIETY (REGD ) Vs STATE OF PUNJAB and OTHERS CWP 15479 of 2008IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Decided on : 16-10-2008
Hans Raj Memorial Trust ....Petitioner
State of Punjab and others ....Respondents
2. C.W.P. No.15461 of 2008
Haardik Educational Society(Regd.) ....Petitioner
State of Punjab and others ....Respondents
HONBLE MR. JUSTICE HEMANT GUPTA.
HONBLE MR. JUSTICE NAWAB SINGH.
Mr. Rajiv Atma Ram, Senior Advocate with
Mr. Daman Dhir, Advocate for the petitioners.
Mr. Sandeep Moudgil, D.A.G., Punjab for respondent No.1.
Mr. Deepak Sibal, Advocate for respondent No.2.
Mr. Vinod S. Bhardwaj, Advocate for respondent No.3.
HEMANT GUPTA, J
This order will dispose of C.W.P. No. 15479 of 2008 and C.W.P. No.15461 of 2008 as common questions of law and facts are involved in these cases.
The petitioners are desirous of setting up a B.Ed. College in the State of Punjab. The petitioners applied for affiliation to Punjabi
University as well to National Council for Teachers Education. The
petitioners also sought permission from the State Government for setting up a B.Ed. College.
The establishment of B.Ed. College is now governed by the National Council for Teachers Education Act, 1993 (hereinafter referred to as the Act) and the Regulations framed thereunder. The petitioner applied to National Council for Teachers Education (hereinafter referred to as NCTE) established under the aforesaid Act for the grant of recognition for the B.Ed. Course. After some correspondence, NCTE has granted permission for starting B.Ed. Course on 19.08.2008 (Annexure P- 10). However, such recognition was subject to the compliance of Clause 4 of the aforesaid letter. The said Clause reads as under:-
Further, the recognition is subject to fulfillment of all such other requirements as may be prescribed under relevant norms and standards of NCTE for other regulatory bodies like UGC, the State Government etc., wherever applicable.
In pursuance of the said recognition by NCTE, the Punjabi University has granted affiliation to the petitioner vide Annexure P-I. But
the State of Punjab declined permission for the reason that the petitioner- Institute does not possess 5 acres of land in terms its guidelines issued on 1.10.2003.
Learned counsel for the petitioner has vehemently argued that there is no requirement under the NCTE (Recognition Norms and Procedure) Regulations 2005 (in short 2005 Regulations) or NCTE (Recognition Norms and Procedure) Regulations 2007 (in short 2007 Regulations) contemplating the requirement of 5 acres of land for establishement of B.Ed. College. It is pointed out that in terms of Clause 5 of Norms and Standards for Secondary Teacher Education Programme leading to Bachelor of Education (B.Ed.) Degree (Appendix-I) National Council for Teachers Education (Recognition Norms and Procedure) (Amendment) Regulations, 2006 (in short 2006 Regulations), the Institution must have at least 2500 sq. mtrs. of land whereupon built up area consisting of classrooms etc. shall not be less than 1500 sq. mtrs.
The relevant extract of the said clause read as under:-
Norms and Standards for Secondary Teacher Education Programme leading to Bachelor of Education(B.Ed.) Degree.
Clause 5.1 of the Norms and Standards contained in Appendix I reads as under:-
5.1 Infrastructure 5.1.1 The Institution must have at least 2500 sq. mtrs.
land whereupon built up area consisting of classrooms etc. shall not be less than 1500 sq. mtrs. space in each instructional room shall be 10 sq. ft. per student.
5.1.2. There shall be provision for not less than two classrooms, one multipurpose hall, three laboratories for conducting instructional activities for approved intake of 100 students, seminar/tutorial rooms, resource room for the eductation of handicapped, separate rooms for the Principal, for the faculty members, for the office and the administrative staff and a store. In every instructional room like classrooms, laboratories, library etc. space shall not be less than 10 sq.ft. per student. One classroom shall comfortably accommodate 50 student teachers. The Multi-purpose Hall shall have a seating capacity for 150 persons. For additional intake proportional
increase in the number of classrooms, tutorial rooms, etc.
5.1.3 There shall be games facilities with a playground.
Alternatively, the playground available with the attached school/college may be utilized and where there is scarcity of space as in the metropolitan towns/hilly regions, facilities for yoga, small court and indoor games may be provided.
5.1.4 Safeguard against fire hazard be provided in all parts of the building.
5.1.5 The institution campus, buildings, furniture etc.
Should be barrier free.
It is contended that earlier Clause 6 of the NCTE (Form of application for recognition, the time limit of submission of application, determination of norms and standards for recognition of teacher education programmes and permission to start new course or training) Regulations 2002 (hereinafter referred to as 2002 Regulations), provided for obtaining the No Objection Certificate (NOC), from the State Governmentt/U.T. Administration. However, there is no corresponding provision for obtaining such NOC in the 2005 or 2007 Regulations notified. It is contended that in pursuance of the aforesaid Clause 6 of 2002 Regulations, the State of Punjab has issued guidelines on 1.10.2003.
However such guidelines have been rendered redundant after the
promulgation of 2005 and/or 2007 Regulations. Therefore, the State
Government cannot deny permission to the petitioners for the reason that it does not possess 5 acres of land.
Having heard learned counsel for the parties at some length, we find that the stand of the State Government that 5 acres of land is the
minimum requirement for establishing a B.Ed. College to be situated out side the Municipal limit, is untenable. Clause 6 of the 2002 Regulations contemplated obtaining the NOC from the State Government.
It was in pursuance of such Regulations, the State Government has issued guidelines as 1.10.2003 for obtaining the NOC. But in the absence of any corresponding provision in the 2005 and/or 2007 Regulations, the guidelines issued by the Government have been rendered redundant and cannot be given effect to. In the absence of any other provision empowering the State Government to issue NOC in respect of an Institute located in an area of less than 5 acres of land, the denial of NOC to the petitioners cannot be said to be justified.
Learned counsel for the petitioner has pointed out that as a matter of fact, the State of Punjab has been dealing with the writ petitioners in an arbitrary and discretionary manner as well. As many as six Institutes, as per the list given in Annexure-B appended to the affidavit dated 10th September 2008 of the petitioner, have been given permission though none of the said Colleges is having area of 5 acres of land. Such arbitrary and discretionary action of the State does not justify the denial of permission to the petitioners for the reason that it does not have more than 5 acres of land. We find that action of the State Government in not granting permission to the petitioners is wholly disciriminatory and as well unjustified.
Consequently, we allow the present writ petitions and direct the respondent-State to grant permission to the petitioners forthwith.
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