Rekha Palli JUDGMENT
Rekha Palli, J.
CM No. 17477/2017 (permission to file detailed list of dates & events)
This application has been filed by the petitioner seeking permission to file lengthy list of dates and events.
For the reasons stated in the application, the same is allowed.
WP(C) No. 3976/2017
1. The petitioner, which is an unaided and self financed educational institution, established by a registered trust namely Shimla Education Society Trust imparting education in various fields including teacher training courses, has approached this Court being aggrieved by the action of the respondents in refusing to grant permission to the petitioner for starting M.Ed. course from the 2017-18 academic session based on the decision taken in its 269th meeting held from 26th April, 2017 to 2nd May, 2017. The petitioner has also prayed for quashing of Regulation 8[4][iii] of the National Council for Teacher Education [Recognition Norms & Procedure] Regulations, 2014 [notified in official gazette on 01.12.2014] on the ground of its being ultra vires the NCTE Act, 1993, Transfer of Property Act, 1882 and violative of Articles 14 & 19 of the Constitution of India.
2. At the outset, it may be noted that the counsel for the respondent has produced a notification dated 28th April, 2017 by which the Regulation 8[4][iii] of the NCTE Regulations, 2014 stands substituted. It is, therefore, unnecessary to decide the challenge made to notification.
3. The facts dealing with the present petition are that the petitioner claims to be an Institution which has been established by a trust namely Shimla Education Society Trust (referred to as 'Trust' hereafter) which was formed and registered on 15th March, 1999. The founder of the trust, namely Shri Ram Krishan Shandil, was the owner of land measuring 10 bigha 7 biswa (8032 mtrs) comprising in Khasra No. 72/2 and 69 situated in Mauza Chamiana Pargana Chhabrogti, Shimla, Himachal Pradesh. The said property measuring 8032 sq. mtrs. was settled with the Trust and thus stood transferred irrevocably on settlement of the Trust. The Trust Deed was duly got registered upon payment of the requisite stamp duty at the Office of the Registrar, Shimla.
These facts are undisputed.
4. The petitioner/Institution had submitted an application to the respondent No. 2 for grant of recognition/permission for starting B.Ed. course of one year duration along with copies of the aforesaid Trust Deed and the Supplementary Trust Deed. The said permission was duly granted vide order dated 4th July, 2007 by the respondent No. 2 after satisfying itself about the fulfilment of all rules and regulations. After getting recognition from respondent No. 2, the petitioner/Institution also got affiliation from the Himachal Pradesh University, Shimla which also examined the same documents i.e. Trust Deed in proof of the petitioner being owner of the land in question. Admittedly, the petitioner has been running B.Ed. course for the last many years. So far as the present case is concerned, we note that the respondents thus recognised the petitioner's ownership of the said land from as back as the year 2007.
5. As per the petitioner, besides the aforesaid land referred to in para 3 above, the founder Trustee Shri R.K. Shandil owned some more land. This land included some land in Khasra No. 8, which is contiguous to the afore-mentioned land measuring 8032 sq. mtrs. comprising Khasra Nos. 38, 39 & 40, which had been earlier settled by the said Shri R.K. Shandil in favour of the Trust. Therefore, on 17t........