Facts
The applicant, a candidate for the post of TGT (Social Science) (Post Code 39/21), challenged the respondents' refusal to accept his B.Ed. degree obtained from Singhania University for appointment
Source reference: p. 2, para. 1The applicant contended that his qualification is valid as the university is established under a State Act and recognized by the UGC
Source reference: p. 4, para. 5The respondents argued that the degree was invalid for appointment because Singhania University lacked specific recognition from the National Council for Teacher Education (NCTE) as mandated by the NCTE Act, 1993
Source reference: p. 5, para. 9-10The matter falls under the shadow of a similar dispute involving the same university currently pending before the Delhi High Court
Source reference: p. 12, para. 4Issues
1. Whether a B.Ed. degree obtained from a UGC-recognized statutory university (Singhania University) is valid for teacher recruitment even if the university lacks specific NCTE recognition
Source reference: p. 2, para. 1; p. 7, para. 122. Whether the present matter is squarely covered by the precedent in Ajay Dagar v. GNCTD & Ors. (OA No. 1386/2021)
Source reference: p. 2, para. 2Law Applied
Section 14 of the National Council for Teacher Education (NCTE) Act, 1993, which requires "institutions" to seek recognition for teacher education
Source reference: p. 5, para. 12"University" is separately defined under Section 2(n) of the Act
Source reference: p. 8, para. 9The Supreme Court precedent in Bharathidasan University v. AICTE established that statutory universities are not subordinate to regulatory bodies like AICTE/NCTE for internal academic programs unless the parent statute expressly mandates prior approval
Source reference: p. 4, para. 8; p. 11, para. 19The Punjab and Haryana High Court decision in Tara Rani v. State of Punjab (LPA No. 1167/2018) held that statutory universities need not take NCTE recognition for teacher training courses
Source reference: p. 8, para. 15Reasoning
The Tribunal observed that the applicant's case is identical to Ajay Dagar v. GNCTD, where the Tribunal previously ruled that Section 14 of the NCTE Act mandates recognition for "institutions," a category that does not automatically merge with "Universities" established by legislative enactment
Source reference: p. 9, para. 9; p. 12, para. 2The court reasoned that since Singhania University is a statutory body under the UGC Act, it possesses an inherent right to confer degrees
Source reference: p. 4, para. 5While the respondents pointed to the 2014 NCTE Regulations including universities within its ambit, the Tribunal noted that delegated legislation cannot expand the scope of the parent Act
Source reference: p. 11, para. 18Following the ratio in Bharathidasan University, the Tribunal found the respondents' rejection arbitrary, as regulatory bodies cannot impose extra-statutory requirements on universities
Source reference: p. 11, para. 19Holding
The Tribunal allowed the O.A. and quashed the refusal to recognize the applicant's degree.
The Tribunal mandated that these directions are subject to the final outcome of the pending proceedings in W.P.(C) No. 3821/2026 before the Hon’ble Delhi High Court.
Source reference: p. 13, para. 5The matter is squarely covered by Ajay Dagar and directed the respondents to consider the applicant’s candidature for the TGT post and issue an appointment letter if he is otherwise meritorious, with notional benefits granted upon appointment.
Source reference: p. 13, para. 5; p. 12, para. 21Original Court PDF
ARVINDvsDSSSB
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