Supreme Court pulls up
Maharashtra's training institutions
Friday May 20, 2011 10:50:27 PM,
IANS
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New Delhi: The Supreme
Court has rejected the plea by a number of teachers training
institutions in Maharashtra to recognise the admissions given to
their students, saying that the institutes misrepresented facts
about their recognition by the National Council of Teacher
Education (NCTE).
The court directed these institutions to pay Rs.1 lakh each to
their students as "compensation" for admitting them in D.Ed
courses.
The institutions were also ordered to pay Rs.2 lakh as costs,
which is to be deposited with the Maharashtra State Legal Service
Authority.
An apex court bench of Justice G.S. Singhvi and Justice
K.S.Panickar Radhakrishnan, in their May 12 judgment, which has
only now been made available, held that the operations of these
institutions was in the pursuit of doing "business" and earning
profits.
The court said it could not confer legitimacy to admissions made
by them in a clandestine manner by manipulating the judicial
process.
Justice Singhvi said "the students who may have taken admission
and completed the course from an institution, which had not been
granted recognition will not be able to impart value-based
education to the future generation of the country."
The institutions, which were not recognised by the Western
Regional Committee (WRC) of the NCTE, misrepresented facts and
secured an interim order of the apex court which directed the
state to admit students.
The training institutions had approached the apex court against
the orders of the Bombay High Court (Nagpur bench) cancelling the
admissions in 290 institutions in 2008.
Rejecting the plea that the statement in their petition about the
grant of recognition by the NCTE was not "deliberate" and was a
"lapse" which "inadvertently occurred at the time of drafting the
petition", the judgment said the institutions "deserved to be
non-suited because they have not approached the court with clean
hands".
Noting that they consciously made a statement about recognition,
the judgment said: "The minimum that can be said about the
appellants (institutions) is that they have not approached the
court with clean hands and succeeded in polluting the stream of
justice by making patently false statements. Therefore, they are
not entitled to relief under Article 136 of the constitution."
The court said that none of the students who were admitted were
eligible for degrees by the affiliating body and if some
certificates had been granted, "the same shall not be treated
valid for any purpose whatsoever".
The court the WRC in Bhopal to forward the list of students who
were admitted on the strength of the interim order of the apex
court to the education department of Maharsahtra which, in turn,
would forward it to all departments so that none of these students
could get jobs on the basis of these degrees.
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