SHRI SAMIR VIKAS TRUST Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Mr. Shukla, learned AGP waives notice for respondent No. 1, Mr. Shelat for respondent No. 2 and Mr. Shashtri for respondent No. 3. With the consent of learned advocate appearing for both the sides, the matter is finally heard.

(2.) IT appears that the issues which arise for consideration in the present cases are covered by the decision of this Court (Coram:d. A. Mehta, J.) dated 01. 11. 2007 in Special Civil Application No. 19088 of 2007 and allied matters. In the said Judgement, this Court inter alia observed at para 16 to 35 as under:

(3.) UNDER Chapter-IV of the National Council For Teacher Education Act, 1993 (the Act) which deals with RECOGNITION OF TEACHER EDUCATION INSTITUTIONS Section 14 provides for the procedure for obtaining recognition. Sub-section (6) of Section 14 of the Act is the trump card on the basis of which the petitioners have moved the petitions founded on the submission that every examining body is bound to grant affiliation to the Institution who has been granted recognition by NCTE. Over and above reliance on Section 14 (6) of the Act, reliance has also been placed on the decision of the Apex Court in the case of State of Maharashtra V/s. Sant Dnyaneshwar Shikshan Shastra Mahavidyalaya and Ors. JT 2006 (4) SC 201. In light of the aforesaid decision of the Apex Court, the learned advocates for respondent-Universities did not dispute the fact that upon recognition having been granted by NCTE, the examining bodies had to grant affiliation but, the principal thrust of the argument was based on the rights of the University to seek adherence by the Institutions to the academic schedule fixed by the University. The submission was that the academic schedule was not fixed only for the B. Ed. Course but was a schedule fixed for all other courses in all other faculties of the Universities and if other Institutions / Colleges conducting various other courses were required to abide by the academic schedule, no exception could be made in case of Institutions / Colleges intending to run B. Ed. Course, only because NCTE kept on issuing recognition orders without having regard to the academic schedule of the respective Universities to which the Institutions were seeking affiliation.