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ER–92.6(II).14

 Reapara Primary Teacher’s Training Institute, vill/PO – Reapara, PS – Nandigram, Dist – Purba Medinipur, West Bengal – 721 650 (PTT) (Private) Code No. APE00849 The Committee noted that no reply received in response to ERC Notice dated 20.11.2008 and considered the relevant documents, NCTE Act, Regulations and guidelines of NCTE published from time to time and decided that recognition to PTT (D.Ed.) course of the institution be refused for the following reasons:
  1. No reply to ERC Notice dt. 20.11.2008 received.
  2. Building completion certificate mentioning the plot no. total area and built up area from the competent authority not submitted.
  3. The institution has submitted fresh affidavit on Rs. 100/- stamp paper. As per Col. 2, it is stated that Vidyasagar PTTI. Institution is in possession of land, Date of Registration is not given. Registering authority for the same plot are different as mentioned in both fresh & old affidavit.
  4. Registered copy of land document not submitted

ER–92.6(II).15

 Rajeev Gandhi Memorial Teacher’s Training College, 12-Digwadih, Po – Pathardih, Dist – Dhanbad, Jharkhand - 828119 (Private) (B.Ed.) (V.B. University, Hazaribagh) (Code No. APE00858) The Committee considered the reply received dt. 28.01.2009 in response to ERC Notice dt. 20.10.2008 along with relevant documents, NCTE Act, Regulations and guidelines of NCTE published from time to time and noted that Since Govt’s letter dated 19.12.2008 is two years old and is based on inspection of the institution before the institution has applied for recognition to ERC, fresh report from the State Govt. is required. The representative of Jharkhand has been requested to expedite the State Govt. report. A copy may be sent to him for the purpose. In case the State Govt’s. revised report is not received in time, the case will be disposed of on merit. Accordingly, the Committee decided to seek clarification within 30 days time from the State Govt. on the following:
  1. Regarding land & building whether the building belongs to the institution or Jawaharlal Nehru Memorial Senior Secondary School, Digwadih, Dhanbad with reference to letter No. 3079 dt. 19.12.2008 from Director, Secondary Education, Govt. of Jharkhand.

ER–92.6(II).16

 Ananda Chandra College, Department of Physical Education, PO /Dist – Jalpaiguri, West Bengal , (Self Financing) (B.P.Ed.- Addl. Course) (North Bengal University), Code No. APE00719. The Committee considered the reply received dated 28.01.2009 in response to ERC Notice dated 06.01.2009 along with relevant documents, NCTE Act, Regulations and guidelines of NCTE published from time to time and decided that Notice u/s 15(3)(b) may be issued giving 30 days time with a direction to the institution to comply the following deficiencies:
  1. Affidavit regarding details of land submitted by the institution appears to be tampered.
  2. In Building plan approving authority not clear.
  3. Plot No in building completion certificate. and affidavit do not tally
  4. Requisite No. of teaching staff qualified as per Norms not appointed./li>

ER – 92.7

 Court Case

ER – 92.7.1

 LPA No. 23 of 2005 filed by National Council for Teacher Education versus Wali Ahmad & others, in the Hon’ble High Court at Patna. While considereing the matter, the Committee noted the legal opinion dated 6.11.2007, 5.6.2008 of Shri S.N. Pathak, Advocate, which is as under:-

“It is relevant to mention here that the present LPA No. 23 of 2005 has become redundant as the contents made therein were upheld by the Division Bench in LPA No. 421 of 2001.”

Further, the Committee noted the legal opinion dated 22.08.2008 of Shri B.C. Bastia, Advocate on the above matter, which is as under:-

“In view of the orders of the Hon’ble High Court, the action taken by the ERC in withdrawing the recognition stands and ERC is not required to take any further action in the matter of recognition unless the institution is exonerated from the vigilance case and apply afresh for the same. When Hon’ble Court declined to given any relief to the petitioners who are students in the above two cases they are not liable to get permission to appear examination.”

In the mean time, Shri Servendra Kumar Verma, the Advocate for the petitioner submitted a representation/ legal opinion dated 16.11.2008, received on 5.12.2008.

The Committee considered the above legal opinions of all the advocates and decided that further legal advice may be sought from both the advocates viz. Shri B.C. Bastia and Shri S.N. Pathak on the representation received from the Petitioner’s advocate.

The Committee emphasized that the Hon’ble Court’s final order in this matter should be scrupulously followed and as such the correct interpretation of Hon’ble Court order as indicated by the two counsels of ERC is required for prompt necessary action.

ER – 92.8

 Reply in response to Letter/Notice to fulfill the deficiencies within 90 days

ER–92.8.1

 Primary Teacher’s Training College, Tarar, PO – Bhakarua More (Daudnagar), Dist – Aurangabad, Bihar – 824113 (ETE) (Govt.) (Bihar School Examination Board) Code No. APE00458 The Committee considered the reply received dated 10.12.2008 in response to ERC notice dated 20.11.2008 along with relevant documents, NCTE Act, Regulations and guidelines of NCTE published from time to time and decided that V.T. may be sent with the instruction to VT to collect the following documents from the institution:
  1. Land documents pertaining to the Course not submitted.
  2. Certificate regarding course not being self financed.
  3. Affidavit is not in stamp paper but Rs. 105/- stamp affixed. It should be on Rs. 100/- stamp paper in prescribed format.
  4. Approved Building plan not submitted.
  5. Building Completion Certificate not submitted.
  6. Website not launched. Details documents may be sent.

ER–92.8.2

 Government Teachers’ Training College, Near Ghantaghar, PO/Dist - Bhagalpur, Bihar – 812 001 (B.Ed.) (Govt.) (T.M. Bhagalpur University) Code No.APE00690 The Committee considered the reply received dated 26.12.2008 in response to ERC notice dated 17.11.2008 along with relevant documents, NCTE Act, Regulations and guidelines of NCTE published from time to time and decided that V.T. may be sent with the instruction to VT to collect the following documents from the institution:
  1. An affidavit on Rs. 100/- stamp paper in prescribed format not submitted.
  2. Building Completion Certificate with plot No., Khata No., Khesera No., total area and built up area from the competent State Govt. authority not given.
  3. Approved Building Plan with plot No., Khata No., Khesera No., total area and built up area from the competent State Govt. authority not given.
  4. Certified copies of land documents not given.
  5. Website not launched. Details documents may be sent.

ER–92.8.3

 Govt. Shikshan Mahavidyalay, Nagaon, Plot No. – 296, St. – N.H.- 37, Vill- Nagaon, Dist- Nagaon, Assam Code No.APE00957 (B.Ed - Addl. Intake) Govt. Guwahati University The Committee considered reply received dated 17.12.2008 in response to ERC Notice dated 21.11.2008 along with relevant documents, NCTE Act, Regulations and guidelines of NCTE published from time to time and decided that permission to additional intake of B.Ed. course of the institution be refused for the following reasons:
  1. The institution has not submitted documents within stipulated time of 90 days from 1st deficiency letter.
  2. As per building completion certificate Plinth Area less than the requirement of NCTE Norms. Total Area and Built up area not given.
  3. Certified copy of land ownership/lease documents has not been submitted as per Regulation 8(8).
  4. As per application form, the application is for additional intake under section 15. NAAC accreditation with Grade B+ certificate not submitted. Certificate from the affiliating body that three academic sessions have been completed is not submitted.
  5. The institution submitted Building Plan for Principal Quarters, Quarters, Hostels, Auditorium, and workshop. Approved Building Plan for the institution not submitted.

ER–92.8.4

 Vimal Bibhuti College of Education, DPS Bhagalpur Campus, Deeksha Puram Sabour, Dist- Bhagalpur, Bihar - 813201 (D.Ed.-Addl. Course) (Bihar School Examination Board) Code No. APE00844 The Committee noted that no reply received in response to ERC Notice dated 17.11.2008 and considered the relevant documents, NCTE Act, Regulations and guidelines of NCTE published from time to time and decided that permission to D.Ed. course of the institution be refused for the following reasons:
  1. The institution has not submitted documents within stipulated time of 90 days from 1st deficiency letter.
  2. No reply to ERC Notice dt. 17.11.2008 received.
  3. Three sets of application form in prescribed format.
  4. D.D. of Rs. 1000/- towards cost of application form in favour of Member Secretary, NCTE payable at Bhubaneswar.
  5. Affidavit on Rs. 100/- stamp paper in prescribed format.
  6. Certified copies of land documents not submitted.
  7. Building Completion Certificate with plot No. , Khata No., Khesera No., Total Area and Built up area from the competent State Govt. authority.
  8. Approved Building Plan with plot No. , Khata No., Khesera No., Total Area and Built up area from the competent State Govt. authority.
  9. As per NCTE Regulations, for additional intake of B.Ed. the institution should have completed three academic sessions with accreditation from NAAC with a grade of B+ on a nine point scale developed by NAAC.
  10. As per letter dt. 18.09.2008 the institution mentioned about additional intake of B.Ed. and to change their option from D.Ed to B.Ed. which is not acceptable.

ER–92.8.5

 Central Institute of Hindi Guwahati Centre, Vill – J.C. Paul Building, PO – Jatia, Plot No. – 232, City – Guwahati, Dist – Kamroop, Assam - 781006 (HSP) (Govt.) (Kendriya Hindi Sansthan-Agra) Code No. APE00915 The Committee noted that no reply received in response to ERC Notice dated 17.10.2008 and considered the relevant documents, NCTE Act, Regulations and guidelines of NCTE published from time to time and decided that recognition to Hindi Shikshan Parangat course of the institution be refused for the following reasons:
  1. The institution has not submitted documents within stipulated time of 90 days i.e. 08.07.2008.
  2. No reply to ERC deficiency letter No. 10687 dated 08.04.2008 & Notice No. 13395 dtd. 17.10.2008 received from the institution.
  3. The institution submitted affidavit in old format. Application in prescribed format not submitted.
  4. An Affidavit duly attested by the Notary Public/Oath Commissioner in prescribed format not submitted as per clause 8(8) of the NCTE Regulations.
  5. Certified copy of land ownership/lease documents has not been submitted as per Regulation 8(8).
  6. Approved Building Plan from competent authority is not submitted. As stipulated in the instructions enclosed with the application proforma prescribed under clause 5(1) of the NCTE (Recognition Norms & Procedure) Regulations, 2007 approved building plan along with completion certificate (if the building has already been constructed) from the concerned competent authority is not submitted.
  7. Certificate that the course is fully funded by State Govt. and not on self-financing basis not submitted.

ER–92.8.6

 Hulasganj College, Hulasganj, Vill/Po: Hulasganj, Dist – Jehanabad, Bihar – 808407 (B.Ed.), (Private) (Magadh University) (Code No. APE00968) The Committee considered the reply received dated 19.01.2009 in response to ERC deficiency letter dated 18.09.2008 along with relevant documents, NCTE Act, Regulations and guidelines of NCTE published from time to time and decided that Notice u/s 14(3)(b) may be issued giving 30 days time with a direction to the institution to comply the following deficiencies:
  1. The institution has not submitted documents within stipulated time of 90 days from 1st deficiency letter.
  2. The institution submitted an English version of land document & some land document which is not clear. All the plot No. (as per English version of Gift Deed) do not tally those given in affidavit & application form. Certified copies of ownership/Lease documents (Lease is permitted only if it is with Govt./Govt. institution) alongwith affidavit on Rs. 100/- stamp paper pertaining to the land where the proposed B.Ed. Course will be opened not submitted.
  3. Approved Building plan with plot No., Khata No., Khesera No., Built-up area. From the competent state Govt. authority not submitted. Total area in Building plan less than required. Built up area not mentioned.
  4. As per application Building will be completed by 31.05.2009
  5. Building completion certificate with plot No., Khata No., Khesera No., Built-up area. From the competent state Govt. authority not submitted. As per completion certificate submitted built up area is 5437 Sq. Ft. which is less than the required.
  6. Fixed Deposit Receipt of Rs. 5.00 lakhs (in original) not submitted as Endowment Fund.
  7. Fixed Deposit Receipt of Rs. 3.00 lakhs (in original) not submitted as Reserve Fund.

ER–92.8.7

 Madhepur Teacher’s Training College, Plot No. – 9301, 9357, 9358, 9359, Vill/City – Madhepur, Dist – Madhubani, Bihar – 846004. (B.Ed.) (Private L.N.Mithila University) Code No. APE00943 The Committee noted that no supporting documents received in response to ERC Notice dated 21.11.2008 and considered the relevant documents, NCTE Act, Regulations and guidelines of NCTE published from time to time and decided that permission to B.Ed. course of the institution be refused for the following reasons:
  1. The institution has not submitted documents within stipulated time of 90 days from 1st deficiency letter.
  2. The institution does not possess land as per norms. Conditions as per clause 8(7) not fulfilled.
  3. No supporting documents to ERC notice dt. 21.11.2008 received.
  4. The documents submitted to the office is lease document by the Private Individual which is not as per Norms. Therefore Certified copy of land ownership/lease documents alongwith affidavit on Rs. 100/- stamp paper in original building plan, building completion certificate from Competent State Govt. authority not submitted in favour of the institution pertaining to the land where the proposed B.Ed. institution will be opened along with fresh affidavit.
  5. As per affidavit submitted by the institution Plot No. 869, 1229 , 368 & Khesera No. 9301, 9358, 9359, 9357, 6413, 6465 but as per the building Plan Khata No. 869 and 1229 and Khesra (Plot No. 9301, 9357, 9358, 9359) (Old) which is not clear.
  6. Building Completion Certificate with Plot No., Khata No, built–up area, Khesera No. from the Competent State Govt. Authority not submitted.

ER-92.8.8

 National Teacher’s Training College, Khazanchi Road, Dist- Patna, Bihar – 800 004 (D.Ed.-Addl. Course) (Bihar School Examination Board) (Private) Code No. APE00874 The Committee considered reply received dated 10.12.2008 & 14.01.2009 in response to ERC Notice dated 17.11.2008 along with relevant documents, NCTE Act, Regulations and guidelines of NCTE published from time to time and decided that permission to D.Ed. course of the institution be refused for the following reasons:
  1. The institution has not submitted documents within stipulated time of 90 days from 1st deficiency letter.
  2. The institution submitted Registered Sale Deed without plot No. registered land documents giving detailed Plot no.s not submitted.
  3. As per affidavit, mode of possession not clear. Date of Registration not given. For D.Ed. course built up area is 1599.69 Sq. Mtr. for both B.Ed. & D.Ed. Course. Affidavit on Rs. 100/- stamp paper with complete information not submitted.
  4. Plot Nos. given in the application form & affidavit do not tally. Further all complete documents not furnished where the proposed D.Ed. Course will be opened.
  5. As per affidavit for D.Ed. Course built up area is 1599.69 Sq. Mtr. (As per building Plan built up area is 5299 Sq. Mt.) As per application form built up area is 3000 Mtr. (Pg. 148).
  6. Plot No. mentioned in application is different from that of affidavit.
  7. Building Completion certificate does not have total area and built up area and plot No. etc.

ER–92.8.9

 Dr. B. P. Bhagat College of Teacher Education, Vill./Po/City/Dist.– Nawada, Bihar – 805110. (B.Ed.), (Private) (Magadh University) (Code No. APE00975) The Committee noted that no reply received in response to ERC deficiency letter dated 22.10.2008 and considered the relevant documents, NCTE Act, Regulations and guidelines of NCTE published from time to time and decided that permission to B.Ed. course of the institution be refused for the following reasons:
  1. The institution has not submitted documents within stipulated time of 90 days from 1st deficiency letter..
  2. The institution submitted lease deed from Private Party which is not as per norms. Conditions as per clause 8(7) not fulfilled.
  3. Certified copy of land ownership/lease documents has not been submitted as per Regulation 8(7) & 8(8). (If Land on lease basis it should be with Govt. Lease with private party is not accepted).
  4. As per application form the total area is less than required as per NCTE Norms, Information in Col 6.1 ,6.2 , 7 & 8 of the application form not given, Built up area was not mentioned in application form. Information to the relevant portion not provided.
  5. The Total area given in affidavit not in Sqr. Mtrs, Information in Col 5 not given along with supporting documents. Fresh affidavit with complete information not submitted.
  6. Fixed Deposit Receipt of Rs. 5.00 lakhs (in original) not submitted as Endowment Fund.
  7. Fixed Deposit Receipt of Rs. 3.00 lakhs (in original) not submitted as Reserve Fund.
  8. The institution submitted line plan without information. Line Plan Approved by Managing Trustee. Approved Building Plan with Plot No., Khata No., Khesera No., Total Area, Built up Area from the Competent State Govt. Authority not submitted.
  9. Certificate approved by Private Consultancy. Building Completion Certificate with Plot No., Khata No., Khesera No., Total Area, Built up Area from the Competent State Govt. Authority not submitted.
  10. State Govt. letter dt. 08.12.2008 informed regarding deficiencies in respect of the institution within stipulated period of 60 days.

ER–92.8.10

 Vidya Niketan Teacher’s Training College, Vill/Po.– Sarai, City/Dist. – Patna, Bihar – 801115. (B.Ed.), (Private) (Magadh University) (Code No. APE00969) The Committee considered the reply dated 19.12.2008 in response to ERC deficiency letter dated 23.09.2008 along with relevant documents, NCTE Act, Regulations and guidelines of NCTE published from time to time and decided that Notice u/s 14(3)(b) may be issued giving 30 days time with a direction to the institution to comply the following deficiencies:
  1. The institution has not submitted documents within stipulated time of 90 days from 1st deficiency letter..
  2. The institution has submitted three sets of application form in prescribed format mentioning Plot No. 1197 & 1198. As per the affidavit mentioning Plot No. 1236, 1235, 1197 & 1198. As per land document submitted by the institution Plot No. 1236, 1235 is on ownership basis & Plot No. 1197 & 1198 is on lease basis, which needs clarification.
  3. Total area don’t match as given in the application form & affidavit. Registration in the office of not given. Affidavit also not in prescribed format. As per the affidavit 27000 Sq. Ft. land is on ownership basis & 8296 Sq. Meter of land is on lease basis. Information regarding Col .5 of the affidavit not given.
  4. Certified copy of land ownership/lease documents has not been submitted as per Regulation 8(7) & 8(8). The land on lease basis is not acceptable as per the rule.
  5. Fixed Deposit Receipt of Rs. 3.00 lakhs (in original) not submitted as Reserve Fund
  6. Approved Building Plan with Plot No., Khata No., Khesera No., Total Area, Built up Area from the Competent State Govt. Authority not submitted.
  7. Building Completion Certificate with Plot No., Khata No., Khesera No., Total Area, Built up Area from the Competent State Govt. Authority not submitted.
  8. Website not launched as per Regulations.

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