DARUL ULOOM ISLAMIC CULTURAL CENTRE Vs. PRINCIPAL SECRETARY

JUDGEMENT

(1.) The petitioners in these Original Petitions and others are desirous of setting up training colleges on self-financing basis. The sanction has tobe given by NCTE (National Council For Teacher Education), whose regionaloffice is stationed in Bangalore so far as this State is concerned. All the petitioners intend to apply. As per the statutory regulations issued by the NCTE, application shall reach them before 31st of December of the year preceeding which the courses have to commence. In this case the last date was 31.12.2001. In order to make an application to that body, non-objection certificate (NOC) granted by the State Government is a pre-requisite. Without that no sanction will be accorded by that body. All the petitioners applied to the State Government for such NOC. All the petitioners were later directed to give more details if not already furnished, in the preforma specifically issued to them. They furnished the necessary information in the preforma as well, remitting the necessary fee suggested by the Govt. All the petitioners were also informed by Govt. about a conference to be held as is revealed by a communication dated 18.9.2001 produced in these Original Petitions. Later that conference was adjourned. It was not so far convened. The last date fixed by the NCTE was fast approaching. The petitioners were not told about the fate of their applications for NOC. It was in the above circumstances all the petitioners have approached this Court seeking a direction to Government to grant NOC so as to enable them to make application to NCTE. Some of them had even applied NCTE, anticipating issuance of NOC later.

(2.) In these Original Petitions different contentions are raised by the petitioners. Those related to violation of right under Act.30(1) of the Constitution of India so far as minority communities are concerned and violation of Art.14 of the Constitution in so far as the Govt. had granted NOCs to 9 selected persons. Govt. had granted NOCs for Engineering, Medicine and other professional colleges without any reservation; but is arbitrarily denying NOCs to B.Ed colleges. The Govt. contended that it is their policy for this year that no NOC be issued until educational need for the next year is ascertained. It is contended by the petitioners that there is no valid policy published by Govt. making the public of Kerala aware of such policy that the Govt. is not issuing any NOCs for starting new B.Ed colleges in the year 2002-03. Few of the petitioners contend that they have invested large amounts for acquiring site and constructing buildings. That was with the hope that the Govt. will issue NOC. When communication dated 18.9.2001 had been issued for a conference, they did have a hope that the Govt. will grant NOC. The arbitrary decision, stated to be based on a policy, not to grant NOC this year will thus result in denial of their expectation that they legitimately did have on the basis of communication dated 18.9.2001. On that reason also there was discrimination and arbitrariness on the part of the Govt. In one or two cases it was also contended that while granting NOC to nine persons or while not granting NOC to all the applicants the govt. did not advert to the different education need of each of the Districts including Idukki where there is total education backwarndess.

(3.) It is contended by Govt. that while the applications received had been processed, it was found that no relevant policy has been issued by Govt. Accordingly the council of ministers which met on 5.12.2001 evloved a guideline and decided to process the applications in the light of the said guideline. Later it was found that there were several applications and the educational requirement has to be ascertained before issuing NOC to hundreds of applicants. Therefore Govt. thought of a policy not to grant any NOC for starting B.Ed colleges during the year 2002-03 as no educational need has been ascertained. It was also decided that issuance of NOC will be taken up in the year 2003-04 and the 9 NOCs already given before this policy has been evolved shall be directed to be considered for the said year alone by giving appropriate directions to the NCTE. When the Govt. had not given any NOC after 25.8.2001 and had evolved a policy as mentioned above, there arise no violation of Art.30(1) as it is not unqualified right and as the Govt. will have always power to regulate the educational aspects including taking into account the educational requirement.