MODERN EDUCATIONAL SOCIETY Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) This Writ Appeal is directed against the order-dated 1-11-2001 in W.P.No. 18761 of 2001 passed by a learned single Judge of thh Court dismissing the writ petition filed by the appellant herein.

(2.) The Writ Petition was filed by the appellant to declare the application submitted by the 4th respondent herein - MNR Educational Trust, Kukatpally to the respondents 1 and 2 for issuance of No Objection Certificate (NOC) for establishment of a B.Ed College in Hyderabad East Revenue Division pursuant to the notification dated 24-2-1998 issued by the Director of School Education as non- existent and the NOC granted to the 4th respondent on 30-12-2000 and the subsequent decision taken by the State Level Standing Committee (SLSC) on 28/29-8-2001 not to cancel the NOC already granted to the 4th respondent on 30-12-2000 as illegal and void and to direct the 3rd respondent not to grant permission to the 4th respondent for establishment of B.Ed., College in Hyderabad East Revenue Division for the academic year 2001-2002 and consequently direct the 3rd respondent to consider the application of the appellant- writ petitioner and Loyola Educational Society, Dilsukhnagar, Hyderabad and Rafiuddin Memorial Educational Society, Hyderabad on merits for grant of permission for the establishment of B.Ed., College.

(3.) The brief facts of the case are as follows: The Director of School Education published a notification dated 24-2-1998 inviting applications from the private educational societies for starting B.Ed., Colleges for the academic year 1998-99 with an intake capacity of maximum 120 seats as per the guidelines/regulations formulated by the National Council for Teacher Education Act, 1993 (for short 'the Act'). Qualification No. 3 of the said notification is to the effect that providing of two hectares of iand in the name of the society and providing of corpus fund of Rs. 5.00 lakhs are some primary conditions for considering issue of NOC. Qualification No. 6 states that the filled in application for issue of NOC should be accompanied by (i) a copy of the constitution and bye-1aws of the Educational Agency proposing to establish the institution along with the copy of the registration under Societies Act, (ii) a demand draft for Rs. 15,000/-, (iii) a sketch plan of the site of minimum of two hectares of land; (iv) a deposit of Rs. 5.00 lakhs is to be provided as corpus fund by way of fixed deposit in Nationalised Bank/NSC in the joint name of Society and the DEO concerned, (v) an affidavit on Rs. 100/- stamp paper solemnly affirming not to start the college without NCTE permission and in case of Minority Colleges, not to make admission without NOC of competent authority.