Facts
The petitioners, educational institutions running D.El.Ed. and B.Ed. courses in Bhind, challenged the Board of Secondary Education's practice of acquiring their building premises to serve as examination centers for High School and Higher Secondary exams.
Source reference: para. 1They contended that such acquisitions hinder their ability to meet the mandatory requirement of 200 working days per academic session as prescribed by NCTE norms.
Source reference: para. 2The petitioners argued that since admissions occur in July/August and examinations in April/May, the available window to fulfill teaching requirements is limited.
Source reference: para. 5Respondent Nos. 2 and 3 maintained that acquisitions were done in accordance with applicable provisions and did not interfere with the institutions' academic mandates.
Source reference: para. 6Issues
1. Whether the respondent Board must be restricted from acquiring private D.El.Ed/B.Ed. college buildings for examination centers to ensure compliance with NCTE academic norms.
Source reference: para. 1 & 7Law Applied
Clause 2.2 of the NCTE Norms and Standards published in the Extraordinary Gazette of India regarding Diploma in Elementary Teacher Education Programmes.
Source reference: para. 2This rule mandatorily requires institutions to conduct 200 working days in an academic session, exclusive of the period dedicated to admissions and examinations.
Source reference: para. 7Reasoning
The Court examined the timeline of the academic session, noting that with admissions beginning in July/August and examinations concluding by May, the institutions operate within a "very limited margin of time" to satisfy the 200-day teaching requirement.
Source reference: para. 5, 7The Court determined that while the State has the authority to designate examination centers, such administrative actions must not negate the statutory academic requirements imposed by the NCTE.
Source reference: para. 7-8Consequently, the Court reasoned that any acquisition of college premises for Board examinations must be balanced against the institutional obligation to adhere to the minimum working day standard.
Source reference: para. 8Holding
The Court upheld the necessity of maintaining the mandatory 200 working days while allowing for the administrative needs of the Board.
The Court disposed of the petition by directing Respondent Nos. 2 and 3 that if they require the petitioner-college premises for conducting examinations, they must do so while strictly adhering to the norms and standards issued by the NCTE, specifically Clause 2.2.
Source reference: para. 8-9Original Court PDF
Ashok Kusum Shiksha Prasar Samiti Bhind Running Institution In The Name Of Shri Ram Collegee Bti RoavsThe State Of Madhya Pradesh
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