MBNS INSTITUTE OF EDUCATION Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellant is an educational institute who is aggrieved by refusal on the part of National Council for Teacher Education (NCTE) to grant it recognition for running D.El.Ed and B.Ed programmes. The said institute has been established by a Trust. The application was made by the institute for recognition for the academic session 2016-18. The sole reason for not granting recognition by it appears to be failure on its part to furnish No Objection Certificate (NOC) from the Directorate of Primary Education, which is a pre-condition for grant of recognition. In the case of the appellant-writ petitioner, the last date for submission of the application was 15th July, 2015 but the NOC submitted by the appellant was dated 26th February, 2016. The application had been submitted on the next date i.e. 27th February, 2016, as it is submitted by Mr. Anand, learned counsel on behalf of appellant. The appellant initially approached this Court invoking its constitutional writ jurisdiction by filing a writ petition registered as W.P. (C) No. 2463 of 2016. By an order dated 23rd August, 2016 the writ petition was disposed of with observation that there was an appellate forum for taking grievance of this nature and liberty was given in substance to the appellant to approach before the appellate forum. The appellate forum however confirmed the order of the authority of first instance primarily on the ground of accepting the former's reasoning. The initial rejection order was passed showing non-submission of NOC as the ground. But that finding of fact was found to be faulty by the appellate body.

(2.) The decision of the appellate body was again challenged by the appellant by filing a writ petition registered as W.P. (C) No. 209 of 2017 and the present appeal arises out of that writ petition. The learned single Judge dismissed that writ petition holding inter alia:-

(3.) At this stage, it would be acceptable to the appellant, as submitted by Mr. Anand, if the same application is considered for the following academic year. So far as academic session 2019-21 is concerned, the last date for filing application for grant of recognition has lapsed on 3rd March, 2019, as it is submitted by learned counsel for the NCTE. Such recognition would have been for the academic session 2019-21. Stand of Mr. Anand however is that the same application can be considered for subsequent academic session, which would be 2020-22. On this submission, the stand of NCTE is that it is not possible to revive the said application which has been once rejected. But there is a judgment of a learned single Judge of this Court delivered on 21st June, 2018 in W.P. (C) No. 2041 of 2017 (Bethesda Women teachers Training College & Anr. v. National Council for Teacher Education & Ors.), in which application filed for a particular academic session has been permitted to be applicable for subsequent academic session also. In this judgment, we find that direction has been issued for considering an application rejected for a particular academic session for the following one. This being the position, we do not think merely because rejection of an application for a particular academic session on the technical ground of non-filing of NOC, the application ought to be treated as lapsed altogether.