Sree Ramakrishna Educational and Charitable Trust, Kulasekaram, Kanya-kumari Dist v. State of Tamil Nadu rep. by its Secretary, Dept.
2006-08-04
N.PAUL VASANTHAKUMAR
body2006
DigiLaw.ai
Judgment : 1. Heard the learned counsel appearing for the petitioner and also the learned counsel appearing for the respective respondents. 2. The prayer in this Writ Petition is to quash the order of the second respondent dated 31.1.2006, rejecting the request for the grant of affiliation for B.Ed., course to the petitioner Institution on the ground that the petitioner has not produced No Objection Certificate from the State Government. 3. The brief facts necessary fro the disposal of the writ petition are that the petitioner Trust established the B.Ed., College at Kulasekharam, Kanyakumari District and provided for infrastructure and other facilities for commencing of the Course from the academic year 2005-2006. The petitioner trust had applied for grant of recognition before the third respondent on 24.12.2004, as contemplated under Section 14 of the NCTE Act, 1993, and the regulation framed by the NCTE, with all necessary enclosures. The third respondent having not taken any action, the petitioner filed W.P.No.5045 of 2005 before the Principal Bench of this Court at Madras seeking direction to the third respondent to consider the petitioners application dated 24.12.2004, for grant of recognition. This court by an order dated 16.2.2005, directed the third respondent to consider the request of the petitioner for grant of recognition and pass orders within a period of three months. 4. The third respondent sent its inspection team on 20.6.2005 and based on the inspection report, by order dated 2.11.2005, granted recognition for B.Ed., Course to the petitioner Trust with annual intake of 100 students. It is specifically stated therein that the recognition was granted for the academic year 2006-2007. The Regional Committee subsequently decided to review the recognition order issued for the year 2006-2007 and granted recognition from the session 2005-2006 along with the other institutions. 5. Thepetitioner Management applied before the second respondent for granting affiliation in the prescribed form for the academic year 2005-2006 and there was no response from the second respondent. Hence, the petitioner filed W.P.No.11545 of 2005, for the issuance of a Writ of Mandamus, directing the second respondent University to consider petitioners application dated 26.10.2004. This Court by an order dated 21.12.2005, directed the second respondent University to consider the application of the petitioner dated 26.10.2004 for affiliation, within a period of three weeks, pursuant to which the impugned order is passed and the same is challenged in this Writ Petition. 6.
This Court by an order dated 21.12.2005, directed the second respondent University to consider the application of the petitioner dated 26.10.2004 for affiliation, within a period of three weeks, pursuant to which the impugned order is passed and the same is challenged in this Writ Petition. 6. The point for consideration in this writ petition is whether No Objection Certificate from the State Government is required to be produced by the petitioner Management to the second respondent/University for the grant of affiliation of B.Ed. Course. 7. A similar issue arose before this Court in the decision reported in Madras Education and Research, Integrated Trust v. The Periyar University represented by its Registrar, etc. & another Madras Education and Research, Integrated Trust v. The Periyar University represented by its Registrar, etc. & another Madras Education and Research, Integrated Trust v. The Periyar University represented by its Registrar, etc. & another (2005) 1 MLJ 294 : 2005 WLR 257 wherein also the Periyar University, Bharathidasan University and Madurai Kamaraj University refused to entertain applications for affiliation of B.Ed. courses even after the grant of recognition by the NCTE on the ground that the affiliation application was submitted beyond the time prescribed by the respective Universities and also on the ground that no objection certificate/permission from the State Government was not obtained for establishment of B.Ed. Colleges. The learned single Judge in the above referred decision negatived the said contention of the respective Universities and allowed the writ petitions and ordered to consider each of the applications submitted before each of the Universities for grant of affiliation, subject to the condition of affiliation, which are not inconsistent to the provisions of either NCTE Act or regulations and complete such exercise on or before 31.12.2004. The respective universities filed writ appeals against the said order of the learned single Judge and in the decision reported in Bharathidasan University v. Dhanalakshmi Srinivasan Educational and Charitable trust (DS) Bharathidasan University v. Dhanalakshmi Srinivasan Educational and Charitable trust (DS) Bharathidasan University v. Dhanalakshmi Srinivasan Educational and Charitable trust (DS) , 2005 (2) CTC 182 this Court dismissed the writ appeals and directed the Universities to pass orders on the request of affiliation by the respective B.Ed Colleges, without insisting for NOC/permission from the State Government by sending necessary inspection team.
All the institutions applied for affiliation before the respective Universities beyond the prescribed date, since recognition was granted for the said B.Ed. Colleges after the last date prescribed for submitting application for affiliation for that academic year. Taking note of the said fact, the learned single Judge as well as the Division Bench directed the Universities to pass orders on the affiliation applications after making inspection. The said order of the Division Bench was also confirmed by the Honorable Supreme Court in SLP (Civil) No. 6241 of 2005, order dated 17.4.2006 following the judgment reported in State of Maharashtra v. v. Sant Davaneshwar Shikshan Shastra State of Maharashtra v. v. Sant Davaneshwar Shikshan Shastra State of Maharashtra v. v. Sant Davaneshwar Shikshan Shastra 2006 (3) Scale 675 . 8. Similar view was taken by a Division Bench of the Principal Bench at Madras High Court in Registrar, Manonmaniam Sundaranar University, Tirunelveli District v. St. Josephs College of Education, Tuticorin District, W.A.No.306 to 308 of 2006 wherein by judgment dated 22.6.2006, the Division Bench upheld the order of the learned single Judge made in W.P.Nos. 37058, 37059 and 37693 of 2005 dated 20.2.2006. The relevant portion of the Division Bench Judgment is extracted hereunder, “In the common order, the learned Judge, after noting the earlier order of this Court reported in 2005 Writ Law Reported 257 Madras Education and Research Integrated trust (MERIT) rep. By its Managing Trustee T. Padmavathi v. The Periyar University rep. by its Registrar, Salem and the Division Bench decision of this Court in Bharathidasan University rep. by its Registrar-in-charge, Tiruchirapalli v. Danalakshmi Srinivasan, Educational and Charitable Trust, rep. by its Chairman, Perambalur Bharathidasan University rep. by its Registrar-in-charge, Tiruchirapalli v. Danalakshmi Srinivasan, Educational and Charitable Trust, rep. by its Chairman, Perambalur Bharathidasan University rep. by its Registrar-in-charge, Tiruchirapalli v. Danalakshmi Srinivasan, Educational and Charitable Trust, rep. by its Chairman, Perambalur 2005 (2) CTC 182 , rejected the objection raised by the University insisting for production of No Objection Certificate for consideration of the applications for the affiliation and allowed all the writ petitions. In the same order, the learned Judge directed the University to consider the applications of the writ petitioners for the grant of affiliation without insisting upon No Objection Certificate from the State Government, but subject to all other conditions for affiliation as per the statutes of the University. 3.
In the same order, the learned Judge directed the University to consider the applications of the writ petitioners for the grant of affiliation without insisting upon No Objection Certificate from the State Government, but subject to all other conditions for affiliation as per the statutes of the University. 3. It is also brought to our notice that Special Leave Petitions filed against the Division Bench decision of this Court in Bharathidasan University rep. by its Registrar-in-charge, Tiruchirapalli v. Danalakshmi Srinivasan, Educational and Charitable Trust, rep. by its Chairman, Perambalur Bharathidasan University rep. by its Registrar-in-charge, Tiruchirapalli v. Danalakshmi Srinivasan, Educational and Charitable Trust, rep. by its Chairman, Perambalur Bharathidasan University rep. by its Registrar-in-charge, Tiruchirapalli v. Danalakshmi Srinivasan, Educational and Charitable Trust, rep. by its Chairman, Perambalur (supra) have been rejected by the Hon‘ble Supreme Court. In view of the above cited decisions and of the fact that the learned Judge has correctly passed an order and issued appropriate direction to the University, we do not find any valid ground to entertain the above appeals. Accordingly, all the appeals are dismissed.” 9. In view of the above cited settled position of law, the impugned order of the second respondent dated 31.1.2006 rejecting the request of the petitioner Management for grant affiliation, solely on the ground that no objection certificate from the State Government was not furnished by the petitioner Management is unsustainable. 10. The learned counsel for the petitioner submitted that already inspections have been conducted by the second respondent and based on the inspection reports, fresh orders may be directed to be passed. The said position is not disputed by the learned counsel appearing for the second respondent. 11. In view of the above, the impugned order dated 31.1.2006 is set aside. The second respondent is directed to consider the application of the petitioner dated 26.10.2004 for grant of affiliation of B.Ed Course, within a period of four weeks from the date of receipt of copy of this order. The writ petition is ordered in the above terms. No costs. Connected miscellaneous petitions are closed.