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NOTICES
From,
ZISHAN AHMAD
Advocate
''Khwaja Villa'', Govind Puram, Campwell Road,
Balaganj, Lucknow.
To,
University Grant Commission,
Through its Secretary,
Bahadur Shah Zafar Marg,
New Delhi-110002
Respected Sir,
Under the
instructions of Dr. Vijay Agarwal, Director, Bhartiya Shiksha
Parishad, U.P. Bharat Bhawan, Matiyari, Chinhat, Faizabad Road,
Lucknow, U.P. I give you the reply of your Letter No. F. 2-2/91 (M.P.C.)
dated 7-8-2006 sent by Sri V.S. Reddy J.S.O. on behalf of the
University Grant Commission, Bahadur Shah Zafar Marg, New Delhi
110002 Received by the said Dr. Vijay agarwal on 14-8-2006 and the
said reply is as under.
That the
intitution Bhartiya Shiksha Parishad U.P. registered under the
Indian Societies registration Act 21 of 1860 is purely an
educational institution according to the norms and standards
equivalent to the standard of the syllabus prescribed by the
Universities established by the Central Act/State Act and the
U.G.C. Act. 1956.
That the
University Grant Commission Filed the Transfer petition before the
Apex Court Regarding the Various cases pending in different courts
under the heading University Grant Commission Vs. Bhartiya Shiksha
Parishad U.P. registered as Transfer petition no. 711-716/2002 and
the said petition was dismissed by the said Hon'ble Apex Court.
That the
University Grant Commission have been constituted for sending the
report to the Manav Sansadhan Vikas Mantralaya and gave the
recommendation to provide the grant to the said educational
institutions, Universities, Degree Colleges established in India
from the said Manav Sansadhan Vikas Mantralaya and the said
University Grant Commission have no right or authority to say the
said educational institution i.e. Bhartiya Shiksha Parishad U.p.
that the said Bhartiya Shiksha parishad U.P. is not established
institution either by the Central Government Act or State
Government Act and the said U.G.C. have not mentioned in the
letter dated 2 august 2006 that who gave the direction to issue
the said letter date 2-8-2006/7-8-2006.
That in the said
web site of U.G.C. under the heading Fake List dated 15-6-2006 and
24-8-2006 the serial no. 19 handwriting University India Banglore
and Serial No. 22 Bio Informatics Institute of India New Delhi
have been removed from the Fake List and in the interest of Public
kindly inform that on what basis the said Institutions have been
removed from the Fake List and also to inform about the said fact
in the said web site dated 15-6-2006 that the recognition matter
of the institution of Bhartiya Shiksha Parishad U.P. is under
consideration and kindly inform about the said facts that
recognition of which Bhartiya Shiksha Parishad U.P. is under
consideration, Bhartiya Shiksha Parishad U.P. Bharat Bhawan,
Matiyari Chinhat, Faizabad Road, Lucknow bearing Telephone No.
2815612 or Bhartiya Shiksha Parishad Saraswati Kunj Nirala Nagar
bearing Telephone No. 2788944 and kindly inform about the facts
that whether Indian Education Council of U.P. Lucknow is separate
Institution from the said Bhartiya Shiksha Parishad U.P.
That the matter
of Bhartiya Shiksha Parishad U.P. Bharat Bhawan, Matiyari, chinhat,
Faizabad Road Lucknow is pending in various Civil Courts and
Hon'ble High courts restraining the University Grant Commission to
say Fake Institution or not recognized institution because the
matter of recognition of the said Bhartiya Shiksha Parishad U.P.
is under consideration and the Bhartiya Shiksha Parisahd U.P. is
ready to fulfill the Criteria/requirements of recognition.
That the
recognition of Bhartiya Shiksha Parishad U.P. for Sanskrit, Matric,
Inter, B.A., Hindi Matric and inter is pending before the Manav
Sansadhan Vikas Mantralaya, New Delhi and the matter is also
pending before the Secretary, Ministry of Human Resources and
Development (Government of India) New Delhi-110002.
That the
recognition about the Deemed University and distance education is
not required but if the recognition for the Distance education is
required then the said Bhartiya Shiksha Parishad U.P. is ready to
complete all the formalities for providing the recognition to the
said Bhartiya Shiksha Parishad U.P.
Therefore I serve
you the reply of your letter dated 2-8-2006/7-8-2006 for providing
the answer of the above quarries mentioned in the said reply of
the notice within 30 days from the said reply, failing which the
said Bhartiya Shiksha Parishad U.P. will be bound to launch
Civil/Criminal litigation or file the case under right to
Information Act 2005 against you at Costs and consequences.
Thanking You.
Your Sincerely,
ZISHAN AHMAD
Advocate
From :
Zishan Ahmad
Advocate
“Khwaja Villa”, Govind Puram,
Camwell Road, Balaganj, Lucknow
To,
Regional Director
Northern Regional Committee,
National Council for Teacher Education
A-46, Shanti Path, Tilak Nagar, Jaipur.
Sir,
Under the instructions of Smt. Aruna Gupta, Assistant Director,
Bhartiya Shiksha Parishad, U.P., Bharat Bhawan, Matiyari,
Chinhat, Faizabad Road, Lucknow I give you the notice as under :
(i) That Dr. O.V.S. Sikarwar, Regional Director, Northern
Regional Committee, National Council for Teacher Education
issued the letter vide Letter No. F. No.
N.R.C./N.C.T.E./U.P.-2355/2007/34018 dated 10.12.2007 received
by my client on 20.12.2007 and I give you the reply/notice.
(ii) That Bhartiya Shiksha Parishad, U.P., Bharat Bhawan,
Matiyari, Chinhat, Faizabad Road, Lucknow filed the
application/proposal for recognition of B.Ed. Degree Course
under the open and Distance Education System under section 18-B
of the National Council for Teacher Education (Amendment and
Validation) Ordinance 2006 No. 2 of 2006 on 14.2.2007 and the
said Bhartiya Shiksha Parishad, U.P. submitted the Bank Draft of
amount Rs.30,000/- vide Demand Draft No.969407 dated 6.2.2007
issued in the name of Regional Director, National Council for
Teacher Education.
That the said Bhartiya Shiksha Parishad, U.P. is ready to
fulfill the norms and conditions as imposed by the said National
Council for Teacher Education mentioned in the National Council
for Teacher Education (Amendment and Validation) Ordiance 2006
Act No.2 of 2006.
(iii) That section 18-F of the Ordinance provides that “Anything
done or any action taken or any effect given in the terms of
Section 18 (B), 18 (C), 18 (D), 18 (E) shall be valid,
Notwithstanding any Judgment, Decree or Order of any Court,
Tribunal or other Authority to the contrary.
Provided that where any unrecognized institution offering a
course or training in Teacher Education before the specified
date was directed by any Court, Tribunal, or other Authority to
return his fees and pay compensation to students admitted by
such institution, such institution shall comply with such
direction.”
(iv) That in the said National Council for Teacher Education
(Amendment and Validation) Ordinance 2006 Act No.2 of 2006 and
section 4 provides that “In the principal Act, after Section 30,
the following section shall be inserted namely :
Section 30-A-An institution which contravenes Section 17-A shall
be liable to pay to the council a penalty of an amount equal to
double the amount received from each student against his
admission in such institution.
Provided that before imposing any penalty, the council shall
give to the institution concerned a reasonable opportunity of
being heard.”
The said Bhartiya Shiksha Parishad, U.P. has not contravened the
provision of Section 17-A of the N.C.T.E. because the said
B.S.P.U.P. has not taken admission of any of the student under
Semester System of B.Ed. (Open and Distance Learning System.)
(v) That section 18-G of the National Council for Teacher
Education (Amendment (Amendment and Validation) Ordinance 2006
No.2 of 2006 provides that “This Chapter shall remain in force
for a period of six months from the specified date but its
expiry under the operation of this Section shall not effect.
(a) the previous operation of, or anything duly done, or suffered under
this Chapter, or
(b) any right, privilege, obligation or liability acquired or incurred
under this Chapter, or
(c) any investigation, legal proceedings or remedy in respect of any such
right, privilege, obligation or liability as aforesaid,
(d) any such investigation, legal proceeding or remedy may be instituted,
continued or enforced as if this chapter has not expired.
(vi) That Dr. O.V.S. Sikarwar, Regional Director, National
Council for Teacher Education, Northern Regional Committee vide
letter dated 10.12.2007 informed for rejection of the said
proposal dated 14.2.2007 for recognition of B.Ed. (Open and
Distance Learning System) without return of the said prescribed
fees paid by the said Bhartiya Shiksha Parishad, U.P. by the
Bank Draft of amount Rs.30,000/- and for non return of the said
amount of Bank Draft Rs.30,000/- which amounts to acceptance of
the said proposal of Bhartiya Shiksha Parishad, U.P. with regard
to Validation of B.Ed. Degree (Open and Distance Learning
System) under Section 18-B of Ordinance No.2 of 2006 and to this
effect the recognition of said B.S.P.U.P. be published in the
Gazette and mentioned on the website on internet of N.C.T.E. and
issue the letter for approval to the said Bhartiya Shiksha
Parishad, U.P. on their address.
Therefore I serve you that notice that you published the
recognition of B.Ed.Course under Semester System of B.S.P.U.P.
and mentioned the said recognition on the Website on Internet of
N.C.T.E. and issue the letter for recognition of the said course
to the said Bhartiya Shiksha Parishad, U.P. within one month
from the receipt of this notice, failing which my client will be
bound to launch the proceedings against the said N.C.T.E. at
your costs and consequences.
Thanking you.
Lucknow Yours faithfully
Dated : 14.01.2008
Zishan Ahmad
Advocate |
