SIDDHARTH EDUCATION SOCIETY Vs. REGIONAL DIRECTOR

JUDGEMENT

(1.) The petitioner-institution applied for permission to establish a college for running B.Ed. course. Before an institution can establish such a college, the institution is required to obtain the permission from the National Council for Teachers Education (NCTE) as per the provisions of the National Council for Teachers Education Act, 1994. The institution is also required to obtain No Objection Certificate from the State Government.

(2.) The petitioner's case is that the petitioner had applied to the State Government on 23.12.2002 for establishing a college for B.Ed. course with effect from the academic year 2003-04 and similarly the petitioner had submitted its application before the NCTE also. The NCTE by its communication dated 10.2.2003 (Annexure C) informed the petitioner that since the petitioner has not obtained NOC from the Government of the State of Gujarat, the petitioner's application for permission to start a new course cannot be considered. Thereafter, the State Government has rejected the petitioner's application for NOC as per its communication dated 19.4.2003 (Annexure A). Hence, the petitioner-institution has challenged both the communications at Annexures "C" and "A" from the NCTE and the State Government respectively.

(3.) As regards challenge to the NCTE communication dated 10.2.2003, Mr Vakil has relied on the decision of the Apex Court in St. Johns Teachers Training Institute vs. Regional Director, National Council for Teachers Education & Anr., JT 2003 (2) SC 35 and the order dated 5.3.2003 by another learned Single Judge of this Court in Special Civil Application No.40 of 2003 and also the interim order passed in the present petition on 6.9.2003 requiring the NCTE to consider the petitioner's application for permission in light of the aforesaid decision of the Hon'ble Supreme Court and also the aforesaid order dated 5.3.2003 in Special Civil Application No.40 of 2003.