VED PRAKASH SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioners have filed this petition praying for the following reliefs:

(2.) The learned counsel for the petitioners submits that the petitioners took admission in the respondent No.4/College for the academic session 2007-2008 and thereafter, appeared in the first year examination that was held in the year 2008. It is submitted by the learned counsel for the petitioners that result of the candidates including the petitioners who had appeared in the B.P.Ed. Examination held in the year 2008 was declared on 25.9.2010 (Annexure -P/17) and mark sheets were subsequently issued to the petitioners No. 1 & 2 on 12.11.2010 and 27.11.2010 respectively. It is stated that though the result has been declared, the degree and the necessary certificates have not been issued to the petitioners till date, hence this petition.

(3.) Before we consider the ostensibly innocuous relief prayed for by the petitioners, it is pertinent to note that the respondent No.4/College had previously filed Writ Petition No.12056/2007 before this Court along with several other institutions being aggrieved by the fact that the National Council for Teacher Education (for short 'the NCTE'), which is responsible and authorized to grant permission and recognition for establishing colleges and institutions that impart degrees and diplomas in Teacher Education including Physical Education i.e. B.P.Ed., had committed delay and was not processing the application filed by the respondent no.4/institution for obtaining recognition for the academic year 2007-2008. The respondent no.4/institution also challenged letter dated 20.8.2007 issued by the Union of India through the Secretary, Ministry of Human Resources Development under Section 29 of the NCTE Act directing all Committees to withhold the grant of recognition to institutions or for granting recognition for additional intake. The respondent 4 had also challenged the requirement prescribed under the regulations framed by the NCTE providing for obtaining a No Objection Certificate from the State Government before applying for recognition. The respondent No.4 had prayed for a direction to issue a writ of mandamus to the respondent/university as well as the NCTE commanding them to take a final decision on the application for recognition filed by the petitioner/institution for the academic session 2007-2008 and to declare the resolution of the university and the provision relating to obtaining of No Objection Certificate contrary to law.