LEGAL AID PARISHAD Vs. MAHARISHI DAYANAND UNIVERSITY, ROHTAK

JUDGEMENT

(1.) The petitioners applied to the National Council of Teacher Education (NCTE) for recognition for starting B.A. B.Ed. and B.Sc. B.Ed. Courses for the session 2014 -15 vide application dated 14.07.2015. As per Section 5(3) of the NCTE Act, 2014 (as amended), the application of the petitioners is to be considered only if it is complete in all respect and without the 'No Objection Certificate' from the concerned affiliating body, the application for recognition cannot be considered. It was decided by the University that the proposal for four years integrated course of B.A. B.Ed. and B.Sc. B.Ed. shall not be considered until and unless Department of Higher Education, Haryana, issues the 'No Objection Certificate'. The State 1 of 4 CWP No.6253 of 2016 [2] ***** of Haryana has not issued the 'No Objection Certificate' for opening of the new education colleges rather a ban has been imposed vide letter dated 05.06.2015 (Annexure R -1/3) on opening of new education colleges under self -finance basis during the academic session 2015 -2016. The prayer made by the petitioners is for the issuance of a writ in the nature of mandamus to direct the NCTE to consider their application for recognition without the 'No Objection Certificate' from the affiliating body, in view of the decision rendered by this Court in the case of Hakeem Harbans Singh New Era college of Education vs. State of Haryana and others, CWP No.12748 of 2015, decided on 03.08.2015.

(2.) Counsel for the respondents has submitted that the decision rendered in Hakeem Harbans Singh New Era college of Education's case (supra) is not applicable to the present case because in that case, the issue was as to whether the State Government can restrict the opening of fresh institutions imparting D.El.Ed. course or grant of recognition or increase in intake capacity of such existing institutions, which are otherwise also established as the minority institutions, despite the fact that the NCTE has already taken a decision in favour of the institutions?

(3.) I have heard learned counsel for the parties and examined the available record.