Tuesday, October 20, 2020

AP Pvt. D.El.Ed. Colleges Court Cases Colleges names are kept in abeyance in DEECET-2020 counseling Order as per Rc.No.21

AP School Education Department – S.C.E.R.T., A.P. - Court Cases – Pvt. D.El.Ed. Colleges – APHC Common orders dt.24.07.2020 in WP No.10701 /2019 and batch of cases - Spot admissions made during 2018-19 by certain managements of Pvt. D.El.Ed. Colleges on their own in violation of Government rules and accordingly these Colleges names are kept in abeyance in DEECET-2020 counseling Order as per Rc.No.21/A2/SCERT /2018-2 Dt13/10/2020

AP Pvt. D.El.Ed. Colleges Court Cases Colleges names are kept in abeyance in DEECET-2020 counseling Order as per Rc.No.21

The attention of the Secretarys / Correspondents / Principals of certain Pvt. D.El.Ed. Colleges Managements in the state (as per the list enclosed) is invited to the references cited.

The managements of the Pvt.D.El.Ed. Colleges (list enclosed) have made spot admissions into D.El.Ed. Course for the year 2018-19 in violation of Government rules (and they filed certain WPs in the Hon’ble APHC). More over the managements of petitioner Colleges have made spot admissions to D.El.Ed. Course against NCTE norms to the innocent students suppress the facts. 

It is learnt that the managements had deceived the students that permission would be secured in future and played fraud on the students and collected much more amounts from the students. 

The managements of the Petitioner Colleges not only cheated the students but also spoiled their valuable time and career. 

The offence is cognizable in nature. Further the managements of the Pvt. D.El.Ed. Colleges have deliberately made spot admissions into D.El.Ed Course for the year 2018-19 in violation of Government rules. Accordingly rejection orders were issued to the managements who made spot admissions and also recommended to the NCTE for de-recognition of these Pvt. D.El.Ed. Colleges and contested the matters before the Hon’ble APHC.

The Hon’ble APHC in their Common order dt.24.07.2020 in WP No.10701/2019 and batch of cases have ordered that “they do not find any merit in these Writ Petitions and hence, no relief, as sought for by the writ petitioners, can be granted. 

The Writ petitions fail and are, accordingly, dismissed. As a sequel, the miscellaneous applications pending, if any, shall stand closed”.Government of Andhra Pradesh have issued rules relating to admission of students in to Elementary Teacher Training institutes /District institutes of Education and Training through common Entrance Test Rules, 2015. 

In regard to admissions of students into Elementary Teacher Training institutes as stipulated under Rule 6(1)(A)(xii) as follows:

“Any admissions undertaken by Private Un-aided non-minority or minority college to fill the vacant seats after completion of the Special Counselling on their own, deviating from Government Orders, shall be treated as irregular. All such admissions will be cancelled at any time by Government and serious note taken against the institutions for the violation. De-Recognition of such private D.El.Ed. colleges shall be recommended to the NCTE.”

In regard irregular admission/Deviation or violation of Rules of admission Rule 11 prescribed the provisions for penalty for irregular admissions / Deviation or violation of Rules of admission: In case, irregular admissions are made without following the admission rules, the following action shall be initiated by the Competent Authority against the Principal / Correspondent of the College: 

(i) Penal action as per section 9 and 10 of the Andhra Pradesh Educational Institutions (Regulation of admissions and prohibition of capitation fee) Act 1983 (Andhra Pradesh Act No.5 of 1983). 

(ii) Recommend to the National Council for Teacher Education and Affiliation Authority to take appropriate action under relevant rules for Withdrawal of Recognition / Affiliation respectively. 

(iii) Send Complaint to the Minority Welfare Department for taking appropriate action in case of Minority Institutions as per G.O.Ms.No.1 Minorities Welfare Department Dated 16-1-2004.

Reiterating the above rules the Government of Andhra Pradesh vide Memo No.ESE01-SEDN0CSE/411/2019-Prog.II dated 11.6.2019 have directed the Director of School Education to take serious view against the private D.El.Ed colleges for violation of rules relating to admission of students into D.El.Ed. course and instructed to recommend against such private D.El.Ed. Colleges to the NCTE for de-recognition.

Thereby in regard to the spot admissions made during the year 2018-20 batch (which were referred by Government), the CSE vide Proc.Rc.No.359/A/SCERT/2019, dated 22.8.2019, dated 27.11.2019 & 20.2.2020 has given rejection orders to the managements of Private D.El.Ed colleges and the same was submitted to Government for information.

Even though there are specific rules in regarding to filling up vacant seats after completion of DEECET counselling, the managements of Pvt. D.El.Ed colleges as mentioned in the annexure have made admissions into D.El.Ed. course during 2018-19 on their own in violation of Government orders and these private D.El.Ed colleges and hence they are liable for de-recognition.

Therefore, In view of the prevailing Government rules and as per the orders issued by the Hon’ble APHC Common Orders dt.24.07.2020 in WP No.10701/2019 and batch of cases the Secretaries / Correspondents/Principals of the Private D.El.Ed. College sponsored by the Society concerned (as mentioned in the Annexure) are hereby informed that these Pvt. D.El.Ed. Colleges names are herewith kept in abeyance for the ensuing DEECET-2020 counselling. 

The Convenor, DEECET-2020 is also requested to not to entertain the colleges mentioned in annexures III to V for ensuing admissions until further orders.