GRAM SARVAJANIK EDUCATIOTRUST JANDA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this group of matters, as the common question of law and facts arises, all these special civil applications are being disposed of by this common order. In the some of the matters, Rule is already issued and in matters where Rule is not issued, in those matters, Rule. Shri Dipen Desai, and Shri H.D.Dave, the learned AGP waive service of Rule on behalf of the respondents State Authority and Shri P.K.Jani, the learned advocate waives service of Rule on behalf of the National Council for Teacher Education ("NCTE" for short). With the consent of the learned advocates for the parties, the matter is taken up for final hearing today.

(2.) In these matters, the respective petitioners have challenged the action of the respondent - State Government in refusing grant of No Objection Certificate ( "NOC" for short ) for starting new B.Ed. college / PTC college on the basis of apprehension that the respondent NCTE will reject their applications for recognition to start new B.Ed. PTC colleges only on the basis of refusal of NOC by the State Government. The individual facts pertaining to each special civil application are as under : .RS 2.

(3.) SPECIAL CIVIL APPLICATION NO.9251 of 2004 The petitioner trust wanted to start B.Ed. College at village Amrapur, Taluka Jasda and it is the case of the petitioner that Saurashtra University has granted NOC to the effect that the University has no objection if the petitioner No.1 is permitted to start new B.Ed. college at village Amrapur, Taluka Jasada. It is the case of the petitioner that the petitioner applied for NOC with the State Government by application dated 23rd October, 2003 and by order dated 27.12.2003, the State Government rejected the application of the petitioner on the ground of NOC by order dated 13/16th January, 2004 and the petitioner challenged the said decision before this Court by way of Special Civil Application No.17 of 2004 and as the said order dated 13/16thJanuary, 2004 was a non speaking order, this Court by order dated 29.6.2004 partly allowed the said special civil application and remanded the matter to the State Government reconsider the application for issuance of NOC afresh and to pass the reasoned order and thereafter, on remand the State Government has passed the impugned order on 26.7.2004, by which, the State Government has rejected the application of the petitioner for NOC to start B.Ed. college which is impugned in the present special civil application. SPECIAL CIVIL APPLICATION NO.16570 OF 2004 As the petitioner wanted to start B.Ed. College for women at village Transwad, District Mehsana, the petitioner has approached the State Government for grant of NOC by application dated 16th September, 2004 and the State Government by order / communication / endorsement dated 16.10.2004 has rejected the application of the petitioner for grant of NOC which is impugned in the present special civil application. SPECIAL CIVIL APPLICATION NO.16703 of 2004 So far as Special Civil Application No.16703 of 2004 is concerned, it is the case of the petitioner that the petitioner wanted to start a new B.Ed. college at Himatnagar, the petitioner moved an appropriate application with the State Government for granting NOC on 9.12.2003 which came to be rejected by a non speaking order by order dated 16.1.2004 which came to be challenged by the petitioner by way of Special Civil Application No.11655 of 2004 and while disposing the aforesaid special civil application, this Court remanded the matter to the State Government for deciding the application of the petitioner for NOC afresh and as the application of the petitioner was not decided, the petitioner has preferred the special civil application. However, in the mean time, by communication dated 19th January, 2005, the application of the petitioner for grant of NOC to start B.Ed. college at Himatnagar has been rejected and hence, the present special civil application is filed. SPECIAL CIVIL APPLICATION NO.118 of 2005 It is the case of the petitioner that the petitioner trust wanted to start a new B.Ed. college and therefore, the petitioner trust had moved an application before the State Government for grant of NOC on 2.12.2004 which came to be rejected on 27.12.04 which is impugned in the present special civil application. SPECIAL CIVIL APPLICATION NO.255 of 2005 It is the case of the petitioner that the petitioner trust wanted to start a new B.Ed. college at Bechraji, District Mehsana and therefore, the petitioner trust had moved an application before the State Government for grant of NOC on 21.10.2004 which came to be rejected by the State Government on 20.1.2005 which is impugned in the present special civil application. SPECIAL CIVIL APPLICATION NO.256 of 2005 As the petitioner trust wanted to start a new B.Ed. college at Visnagar, District Mehsana and therefore, the petitioner trust had moved an appropriate application before the State Government for grant of NOC to start new B.Ed. college on 8.12.2004 and by communication dated 20.1.2005, the application of the petitioner for grant of NOC has been rejected which is impugned in the present special civil application. SPECIAL CIVIL APPLICATION NO.612 of 2005 It is the case of the petitioner that as the petitioner wanted to start new B.Ed. college in city of Dhangadhra, District Surendranagar, the petitioner trust has moved an appropriate application with the State Government for grant of NOC on 24.12.2003 which came to be rejected by order dated 16.1.2004 and again the petitioner had moved fresh application for NOC dated 24.8.04 after obtaining necessary NOC from the Saurashtra University. However, despite the same, by communication dated 3.1.2005 the application of the petitioner for NOC to start self financed new B.Ed. college has been rejected and therefoer, the present special civil application has been filed. SPECIAL CIVIL APPLICATION NO.845 of 2005 It is the case of the petitioner that as the petitioner wanted to start new PTC college at Ahmedabad, the petitioner has submitted an appropriate application with the State Government for NOC and by communication dated 20th January, 2005, the application of the petitioner for grant of NOC is turned down and therefore the present special civil application is filed. SPECIAL CIVIL APPLICATION NO.1026 of 2005 M.D.Mehta Education Trust the petitioner wanted to start a new B.Ed. college had applied for affiliation for SNDT Women's University, Mumbai and the said University has granted provisional affiliation subject to NOC from the State Government and therefore, the petitioner trust had submitted an appropriate application with the State Government for grant of NOC which is rejected by the State Government by communication dated 13th July, 2004 and the application of the petitioner for grant of NOC is turned down and therefore, the present special civil application has been filed. SPECIAL CIVIL APPLICATION NO.1236 of 2005 Yoganand Educational & Charitable Trust wanted to start a new B.Ed. college at Rajkot from the academic year 2005-06 had submitted an application for grant of NOC for opening new B.Ed. College with the State Government with a view to have NOC on 25.10.2004 and as the application of the petitioner for grant of NOC is rejected, the petitioner has preferred the present special civil application. SPECIAL CIVIL APPLICATION NO.1894 of 2005 V.J.Oza Trust, Lakhatar wanted to start a new PTC college at Lakhtar, the petitioner trust had submitted an appropriate application for grant of NOC with the State Government on 3.12.2004 and the State Government by its order dated 27.12.2004 has rejected the application of the petitioner for grant of NOC to start new PTC college at Lakhatar, District Surendranagar, the petitioner has preferred the special civil application. SPECIAL CIVIL APPLICATION NO.1898 of 2005 V.J.Oza Trust, Lakhatar wanted to start a new B.Ed. college at Lakhtar, District Surendranagar the petitioner trust had submitted an appropriate application for grant of NOC with the State Government to start new B.Ed. College on 3.12.2004 and the State Government by its communication / endorsement dated 3.1.2005 has rejected the application of the petitioner for grant of NOC to start new PTC college at Lakhatar, District Surendranagar, the petitioner has preferred the special civil application. SPECIAL CIVIL APPLICATION NO.1947 of 2005 Gnan Sampradya Kelvani Khatu (Trust) petitioner wanted to start a new B.Ed. college at Sarasa village, District : Anand, the petitioner trust has submitted an appropriate application for grant of NOC with the State Government on 31.12.2003 and by communication / endorsement dated 19.1.2005, the application of the petitioner for grant of NOC to start new B.Ed. college at Sarasa is rejected which is challenged by way of present special civil application. SPECIAL CIVIL APPLICATION NO.1974 of 2005 The petitioner Lok Niketan Trust wanted to start new B.Ed. college and therefore, the petitioner trust has submitted an appropriate application for grant of NOC with the State Government to start new B.Ed. College on 28.12.2004 which came to be rejected by the State Government by endorsement / communication dated 25.1.2005 which is subject matter of the present special civil application. SPECIAL CIVIL APPLICATION NO.2071 of 2005 Shree Maharshi Devanand Saraswati Kelavani Mandal had submitted an appropriate application for grant of NOC with the State Government to start new B.Ed. college at Visnagar on 222.1.2004 which came to be dismissed / rejected by the State Government vide communication / endorsement dated 25.1.2005 which is subject matter of the present special civil application. SPECIAL CIVIL APPLICATION NO.2328 of 2005 As Gnanyog Education & Welfare Trust wanted to start a new B.Ed. collage at Prantij, Taluka, District Sabarkantha, the petitioner submitted an appropriate application with the State Government for grant of NOC with the State Government for starting new B.Ed. college at Prantij on 15.10.2004 and by communication dated 20.1.2005, the application of the petitioner for grant of NOC to start new B.Ed. college at Prantij is turned down and therefore, the present special civil application is filed. SPECIAL CIVIL APPLICATION NO.2679 of 2005 The petitioner - Shree Shivshakti Education Trust wanted to start a new B.Ed. collage at Lunawada, Taluka and District Panchmahal, they submitted an appropriate application for grant of NOC with the State Government on 25.10.2004 and by communication dated 20.1.2005, the application of the petitioner for grant of NOC to start new B.Ed. college at Lunawada is turned down and therefore, the present special civil application is filed. SPECIAL CIVIL APPLICATION NO.2705 of 2005 Yadunandan Education Trust, Rajkot had requested the State Government to grant NOC for starting new B.Ed. college at Rajkot which came to be rejected vide communication / endorsement by the State Government dated 20.1.2005 and the application of the petitioner for grant of NOC to start new B.Ed. college at Rajkot is turned down and therefore, the present special civil application has been filed. SPECIAL CIVIL APPLICATION NO.4112 of 2005 Late Devashibapa Smarak Education Trust wanted to start new B.Ed. College at Talala, Taluka Junagadh and therefore, they submitted an appropriate application with the State Government for grant of NOC on 9.12.2004 and by communication dated 3.1.2005, the application of the petitioner for grant of NOC to start new B.Ed. college at Talala is rejected and therefore, the present special civil application has been filed. SPECIAL CIVIL APPLICATION NO.4130 of 2005 Swami Education Trust wanted to start a new B.Ed. College at Vastral, Taluka - Daskroi, District Ahmedabad and therefore, an appropriate application for grant of NOC to start new B.Ed. college at Vastral came to be submitted by the petitioner with the State Government on 19.11.2004 and by communication / endorsement dated 20.1.20005 the State Government has rejected the application of the petitioner for grant of NOC to start new B.Ed. college and therefoer, the present special civil application is filed. #. Heard Shri Y.N.Oza, the learned Senior Advocate with Shri Mitul Shelat, and other the learned advocates Shri Shirish Joshi, Shri Mehul K. Vakhariya, Ms.Mamata R. Vyas, Shri A. J.Shashtri, Shri J.V.Bhairaviya, Shri H.J.Nanavati appearing on behalf of the respective petitioners and Shri Dipen Desai, the learned AGP and Shri H.D.Dave, the learned AGP for respondent State Government and Shri P.K.Jani, the learned advocate on behalf of National Council for Teachers Education. #. It is the common contention on behalf of the petitioners that as they wanted to start new B.Ed. / PTC colleges, they have moved an appropriate application with the National Council for Teachers Education ( "Council" for short ). As per the provisions of The National Council for teacher Education (Form of application for recognition, the time limit of submission of application, determination of norms and standards for recognition of teacher education programme and permission to start new course or training) Regulations, 2002. (hereinafter referred to as the "Regulations, 2002" for short ), No Objection Certificate ( "NOC" for short ) / endorsement from the State Government was required and therefore, the respective petitioner had moved appropriate application before the State Government for grant of NOC to start new B.Ed. / PTC college as per their applications and either their applications are rejected and / or the respective petitioners are informed by the State Government i.e. by the Director of Primary Education that as considering the avenue of the employment and need for trained teachers, it has been decided by the State Government not to grant NOC for starting new B.Ed./ PTC colleges in the State of Gujarat for the academic year 2005-06 and therefore, their applications are rejected. It is the contention on behalf of the petitioners that refusal of NOC by the State Government would be considered by the Council and their applications for recognition to start new B.Ed. / PTC colleges would be rejected by the Council outrightly and automatically. Therefore, they have prayed for an appropriate writ, order and / or direction to quash and set aside the action of the State Government in not granting NOC and directing the State Government to grant NOC to start B.Ed. / PTC colleges as per their applications. It is submitted on behalf of the learned advocates for the petitioners that decision of the State Government by Director of Primary Education not to grant NOC for starting new B.Ed. / PTC colleges on the ground that there is no need for new colleges considering the need for trained teachers and the existing institutions and the requirement of teachers, is absolutely illegal and most arbitrary and therefore, requested to direct the State Government to grant NOC. #. Relying on the judgment of the Hon'ble Supreme Court of India in case of T.M.A. PAI FOUNDATION VS. STATE OF KARNATAKA, (2002) 8 SCC 481 as well as ST.JOHNS TEACHERS TRAINING INSTITUTE VS. REGIONAL DIRECTOR, NATIONAL COUNCIL FOR TEACHER EDUCATION AND ANOTHER, (2003) 3 SCC 321, more particularly, para-336 of the T.M.A. PAI FOUNDATION VS. STATE OF KARNATAKA, it is submitted that the Council should not reject the application of the respective petitioners for recognition to start B.Ed. / PTC colleges as per the respective applications solely relying upon the decision of the State Government not to grant NOC and therefore, the learned advocates for the respective petitioners have requested to issue appropriate direction by allowing the special civil applications of this group as prayed for. #. On the other hand, Shri Dipen Desai and Shri H.D.Dave, learned Assistant Government Pleaders appearing on behalf of the State Government have submitted that the decision of the State Government can be termed as an "Endorsement" on the applications of the respective petitioners for grant of NOC. Refusal to grant NOC to start new B.Ed./ PTC colleges is in consonance with the guidelines issued by the Council which is narrated in para-16 of the judgment of the Hon'ble Supreme Court in case of ST.JOHNS TEACHERS TRAINING INSTITUTE VS. REGIONAL DIRECTOR, NATIONAL COUNCIL FOR TEACHER EDUCATION AND ANOTHER, (Supra). It is submitted that as per the amended Regulations of 2003, every State Government while considering the application for grant of NOC is required to take into account the guidelines for issue of NOC issued by the NCTE from time to time. It is submitted that one of the guidelines issued by the NCTE to the State Government issued on 2.2.1996 for issuance of the NOC is that while considering the application for NOC, the State Government is required to assess the need for trained teachers and this need should take into consideration the supply of trained teachers from existing institutions, requirement of such teachers in relation to enrolment projections at various stages, the attrition rates amongst trained teachers due to superannuation, change of occupation, death etc.. and the number of trained teachers on the live register of the employment exchanges seeking employment and the possibility of their deployment. It is further submitted that as per the said guidelines, if the State have more number of teachers than of required number of teachers, may not encourage opening of new institutions for teacher education institution or to increase in intake. Therefore, it is submitted that considering the aforesaid guidelines and having found that against the inflow of the trained teaches from existing B.Ed. colleges, actual requirement of the trained teachers is less, more particularly, against approximate strength of 11,000 trained teachers from existing B.Ed. institutions, there will be hardly requirement of 4,000 to 5,000 teachers and therefore, it has been decided not to grant NOC for new B.Ed. colleges and the same is in consonance with the guidelines issued by the NCTE. Relying on the decision of the Hon'ble Supreme Court in case of ST.JOHNS TEACHERS TRAINING INSTITUTE VS. REGIONAL DIRECTOR, NATIONAL COUNCIL FOR TEACHER EDUCATION AND ANOTHER, (Supra) and even considering the amended Regulations of 2003, it is submitted that this can be considered to be an "endorsement" of the State Government on the application submitted by the respective petitioner for NOC to start new institutions and the same is required to be considered by the Council and it is ultimately for the Council to take a final decision. It is also further submitted that even as per Section 14 of the Act, the concerned Institution have an opportunity to make a written representation to the Regional Committee and before passing order under sub-clause (b) of sub-section (3) of Section 14 of the Act, the Regional Committee is required to provide reasonable opportunity to the concerned institute for making written representation. Under the circumstances, it is submitted that the respective petitioners and the concerned institutions can make written representation before the Regional Committee which can also be considered by the NCTE / Council before taking a final decision on the application submitted by the concerned institutions for recognition.