State govt panel can only probe SC/ST scholarships: HC

PRAYAGRAJ: The Allahabad high court has held that the committee constituted by the state government to carry out investigation in B Ed (Bachelor of Education) institutions recognised by NCTE (National Council for Teacher Education) is empowered only with regard to the number of students of Scheduled Castes/Scheduled Tribes, who are registered for scholarships and the requisite scholarships being rightly given to the eligible students.

Giving this judgment on December 15, the court set aside the state government order (GO) dated October 8, 2020 to the extent that it provided that the committee would carry out the investigation in NCTE recognized institutions with regard to infrastructure of such institutions.

Justice Pankaj Bhatia passed the order while disposing of a writ petition filed by Association of Minorities Educational Institutions through its secretary Karrar Hussain.

Clause 4 of the GO provided that the committee of the state government would investigate in the institutions governed by NCTE Act regarding the policy of admission in B.Ed, BTC courses, cut-off marks, recognition of institutions, seats allotted to it and also the fee fixed. Further this committee would also investigate and verify the minimum qualification of teachers working there and the number of classrooms.

The submission of the petitioner’s counsel was that the directions, as contained in Clause 4, were beyond the powers conferred upon the state inasmuch as the institution in question was governed by the NCTE Act.

He further submitted that the institution did not have any grievances if the inquiry was confined to verification of the scholarships being granted to the students of the SC/ST community.

The state government, in its reply, stated that it would only verify the strength of the genuine students, as provided under the rules. The department had no intention to check the validity of affiliation as granted by NCTE. The department would check and verify the number of genuine students and whether the benefit of the scholarship scheme was being given to the eligible students or not and to achieve the aforesaid object, the said government order was issued.

Accepting the submissions of the state government, the court observed, “In view of the fact that the state government itself has confined its investigation to the genuine students as provided under the rules pertaining to the grant of scholarship to the SC/ST students and once it is categorically accepted that the state has no intention to check the validity of the affiliation granted by the NCTE, no issue remains under the present writ petition as the parties agree that the state government is fully empowered to verify and check the issue of scholarships and the eligibility of the students, who are entitled to the said scholarships”.

NCTE is a statutory body set up under the NCTE Act as an advisory body to the government at the Centre and the state on matters related to teacher education. It grants recognition and affiliation for running B Ed institutions.