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SOUTHERN REGIONAL COMMITTEE NATIONAL COUNCIL for TEACHER EDUCATION BANGALORE Minutes of the 352 Meeting of SRC Held at the Confe

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SOUTHERN REGIONAL COMMITTEE NATIONAL COUNCIL for TEACHER EDUCATION BANGALORE Minutes of the 352 Meeting of SRC Held at the Confe 352 nd Meeting of SRC 04 th & 05 th , January, 2018 SOUTHERN REGIONAL COMMITTEE NATIONAL COUNCIL FOR TEACHER EDUCATION BANGALORE Minutes of the 352nd Meeting of SRC held at the Conference Hall of NCTE, Bangalore on 04 th – 05 th January, 2018. The following persons attended the Meeting :- 1. Sri. S. Sathyam - Chairman 2. Dr. M.P. Vijaya Kumar - Member 3. Ms. Angelin Golda - Convenor Regional Director (I/c) The following members did not attend the Meeting: • Prof. K. Dorasami, Prof. Sandeep Ponnala, Prof. M.S. Lalithamma and the Representatives of the Govts. of Andhra Pradesh, Telangana, Tamil Nadu- Pondicherry,Karnataka, Kerala, A& N. 1 (S. Sathyam) Chairman 352 nd Meeting of SRC 04 th & 05 th , January, 2018 Consideration of Court cases, Appeal case, Vt report: (Volume-1) 1. SRCAPP2016 Mother Terasa College of Physical Education, Veerapatti Village, Mettusalai, Illuppur 30157 Taluk, Veerapatti City, Pudukottai District-622102, Tamil Nadu M.P.Ed 1Unit Mother Teresa Educational Charitable Trust, Veerapatti Village, Mettusalai Street, Mother Illuppur Taluk, Pudukkottai City & District-622102, Tamil Nadu applied for grant of Terasa recognition to Mother Terasa College of Physical Education, Veerapatti Village, College of Mettusalai, Illuppur Taluk, Veerapatti City, Pudukottai District-622102, Tamil Nadu for Physical offering M.P.Ed course of two years duration for the academic year 2017-18 under Education, Section 14/15 of the NCTE Act, 1993 to the Southern Regional Committee, NCTE Pudukottai, through online on 30.06.2016.The institution has submitted the hard copy of the Tamil Nadu application on 13.07.2016. As per Regulations, a letter to State Government for recommendation was sent on 27.08.2016, followed by Reminder I on 12.10.2016 and Reminder II on 11.11.2016. No recommendation received from the State Govt. The period of 90 days as per Regulations is over. Hence, the application was processed. As per public notice for 2017-18, there is no ban for B.P.Ed course in the State of Tamil Nadu. As per the direction, the application has been scrutinized online along with hard copy of the application and documents were placed before SRC in its 327 th mee ting held during 19 th to 20 th January, 2017 and the Committee considered the matter and decided as under:- 1. NOC not given. 2. Photocopy of title deed is given. Title is clear. We need a photocopy certified by the Sub-Registrar. Land area is adequate. 3. LUC is in order. 4. EC is in order. 5. BP is approved. Built-up area shown is 3364.31 sq.mts. 6. BCC is not approved by competent authority. Built up area shown is 3010 sq.mts. 7. FDRs not given. 8. Cause composite inspection. 9. Ask VT to collect all relevant documents. As per the decision of SRC, inspection of the institution for M.P.Ed course was scheduled through online mode during 01.02.2017 to 21.02.2017. Two VT members have been given their acceptance for the visit. Hard copy of Visiting Team report was received on 22.02.2017, The SRC in its 331 st meeting held on 22 nd , February, 2017 directly considered the VT Report and decided as under:- 2 (S. Sathyam) Chairman 352 nd Meeting of SRC 04 th & 05 th , January, 2018 1. They have B.P.Ed. operating since 2008 (1 unit) 2. NOC is given. 3. Land area is inadequate: available is 6.3 acres as against a requirement of 8 acres. 4. Built-up area required is 2700 sq.mts; available is 3010 sq.mts. 5. FDRs in original are required for verification. 6. Issue SCN for rejection. Before issuance of Show Cause Notice, in the meantime based on the website information of the SRC decision; the institution has submitted a reply on 07.03.2017 (hard copy) along with LUC, Affidavit & original FDRs. The SRC in its 333 rd meeting held on 24 th March, 2017 considered the reply and documents and decided as under:- 1. Their reply relating to land area and FDRs are seen. 2. FDRs @7+5 lakhs per programme, per unit, are required. 3. The NOC given is only for B.P.Ed., not for M.P.Ed. 4. Issue Show Cause Notice for rejection. Before issuance of SCN, based on the website information of the SRC decision, the institution has submitted representation through e-mail on 04.04.2017 and hard copy received on 04.04.2017. The reply was placed before SRC in its 335 th meeting held on 11 th to 12 th April, 2017 and the Committee considered the matter and decided as under:- 1. The NOC is from the State Govt. and not from the affiliating body. 2. Reject the application. 3. Return FDRs, if any. 4. Close the file. As per the decision of SRC, a Rejection order was issued to the institution on 20.04.2017 An e-mail dated 19.06.2017 received by R. C. Chopra Section Officer NCTE, regarding Brief and records of Regulatory files No.91-13 th on 20.06.2016. A letter was addressed to R. C. Chopra Section Officer NCTE along with Original File/records on 21.06.2017. The Appellate Authority vide No.89-317/E-2576/2017 Appeal/13 th meeting - 2017 dated 21.08.2017 was received by this office on 29.08.2017 and the committee concluded that:- “AND WHEREAS the impugned refusal order dat ed 20.04.2017 on the ground that NOC is from the State Government and not from the affiliating body is therefore, substantiated. Recommendation of State Government is obtained by Regional Committee under clause 7(4) of the regulations whereas under clause 5(3) the onus of obtaining and submitting NOC issue by affiliating body rests with the 3 (S. Sathyam) Chairman 352 nd Meeting of SRC 04 th & 05 th , January, 2018 applicant institution. Appeal Committee, noting that NOC was not submitted by appellant institution, decided to confirm the refusal order dated 20.04.2017. AND WHEREAS after perusal of the memorandum of appeal, affidavit, the documents available on records and considering the oral arguments advanced during the hearing, the Committee concluded that the SRC was justified in refusing recognition and therefore, the appeal de served to be rejected and the order of the SRC is confirmed.” The same was placed before SRC in its 345 th meeting held on 21 st to 22 nd September, 2017 and the committee considered the matter and decided to “noted the matter” An e-mail received from Advocate Shri. M.T.Arunan on 12.09.2017. A letter addressed to the Advocate Shri. M.T.Arunan regarding W.P.No. 23935 of 2017 filed by Mother Teresa College of Physical Education, Pudukottai Dist. Tamil Nadu on 12.09.2017. The institution submitted its wri tten representation on 21.09.2017 along with a copy of court order dated 14.09.2017. A court order dated 14.09.2017 received by this office on 27.09.2017 in the High Court of Judicature at Madras in W.P.No. 23935 of 2017 filed by Mother Teresa College of Physical Education, Pudukottai Dist. Tamil Nadu and stating as under:- 5. “It is seen that the petitioner in pursuant to the order passed by the first respondent has sent a communication on 22.08.2017 informing that they have obtained the No Objection Ce rtificate from the affiliating body apart obtained the same from the Government. If the petitioner has obtained the No Objection Certificate from the state Government and the affiliating body as well, I do not think that there will be any difficulty to the second respondent to re-consider the issue once again based on the said No Objection Certificate given by the affiliating body, since such was the only reason stated to reject the request of the petitioner. 6. Accordingly, the writ petition is allowed an d the impugned orders are set aside. Consequently, the matter is remitted back to the second respondent (SRC- NCTE) for passing fresh order, after considering the No Objection Certificate issued by the affiliating body as well. Such exercise shall be done b y the second respondent within a period of two weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed. The same was placed before SRC in its 346 th meeting held on 24 th to 25 th October,2017 and the Committee considered the matter and decided as under:- 1. We had rejected their application for non-submission of NOC. 1.2 The Appellate Authority had confirmed our order. 1.3 But, the H.C quashed our order; and directed us to consider the NOC submitted subsequently by them. 2.1 It will be difficult for us to accept this directive. We had rejected many many 4 (S. Sathyam) Chairman 352 nd Meeting of SRC 04 th & 05 th , January, 2018 cases for non-submission of NOC within the stipulated date. Giving a different approach to this case will be unfair to all those cases. 2.2 We should, therefore, go up in appeal. As per the legal Guidelines of NCTE vide dated 02.05.2017 para xiii states that:- “In cases where the directions are against the NCTE Rules, Regulations, Norms and Standards, an action shall be taken to file an appeal against such directions: a. For filing of Appeals before Supreme Court of India, approval of Chairperson, NCTE is required. b. For filing of appeals before the High Courts and other Courts approval of Member Secretary, NCTE is required”.
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