Andhra Pradesh High Court
Judges : S.ANANDA REDDY, S.R.NAYAK
Government Of A.P., Education Department - Appellant
Versus
St.Marys Educational Society, Giddaluru - Respondent
Decided On : 06-15-01
National Council for Teacher Education Act, 1993 - Sections 12 and 14, 32 - A. P. Education Act, 1982 -Section 14 (3) (a) – Employment and Service matter – Grant of No Objection certificate –To issue a Writ of Mandamus or any other appropriate writ or writ or a direction declaring the action of the respondents in insisting the petitioner to purchase Library and Laboratory equipment and appointment of staff as condition precedent for grant of provisional recognition to start the proposed College of Education, -Trust, as illegal and arbitrary, by directing the respondents to consider the application of the petitioner for starting the College of education by taking into account the financial resources and experience of the petitioner-Trust to run the institution and for purchase of Library and Laboratory equipment and appointment of staff, award costs and pass such other or further orders as are deemed fit and proper in the circumstances of the case - Held, In the result and for the foregoing reasons and having regard to the fair submission made by the learned Standing counsel for the NCTE that the NCTE would grant recognition only to such number of institutes which the State government has fixed, we dispose of this writ Appeal and the Writ Petition with the following directions - The NCTE alone is entitled to assess the relative merits of the applicants for recognition and it is not permissible for the State government to assess relative merits of the applicants for no objection Certificate at the stage of consideration of the applications for grant of No Objection certificates - Judgment and order of Single Judge accordingly shall stand modified in terms of the above directions and in all other respondents the order of the learned Single Judge shall remain unaltered – Order accordingly.
( 1 ) WRIT Appeal No. 626 of 2000 is directed against the order of the learned Single judge dated 17-4-2000 passed in Writ petition No. 4548 of 2000 allowing the writ petition filed by the 1st respondent herein and directing the appellants herein to consider the application of the 1st respondent for grant of no Objection certificate forthwith and to issue no objection Certificate if it satisfies the requirements as provided in G. O. Ms. No. 398, Education, dated 4-12-1997. The learned Single Judge has further directed the 2nd respondent herein, viz. , the national Council for Teacher Education (for short ncte ), Southern Regional committee, Bangalore, to consider the application of the 1st respondent in case if no Objection Certificate is granted by the appellants 1 and 2 with the rival applicant viz. , Hussaini Educational Society for grant of recognition under the National Council for Teacher Education Act, 1993 (Act 73/93) (for short, NCTE Act ).
( 2 ) W. P. NO. 1546 of 2001 is filed by proddutur Development Trust having its office at Rayavaram, Proddutur in cuddapah District for the following relief:". . . . . . TO issue a Writ of Mandamus or any other appropriate writ or writ or a direction declaring the action of the respondents in insisting the petitioner to purchase Library and Laboratory equipment and appointment of staff as condition precedent for grant of provisional recognition to start the proposed College of Education in the name of V. P. R. College of Education, by the petitioner-Trust, as illegal and arbitrary, by directing the respondents to consider the application of the petitioner for starting the College of education by taking into account the financial resources and experience of the petitioner-Trust to run the institution and for purchase of Library and Laboratory equipment and appointment of staff, award costs and pass such other or further orders as are deemed fit and proper in the circumstances of the case. "
( 3 ) AS the decision that may be taken by this Court in W. A. No. 626 of 2000 will have bearing on the decision making in W. P. No. 1546 of 2001, the writ appeal and the writ petition were clubbed by an earliei direction of the Court and both of them were placed before this Bench for final hearing.
( 4 ) THE background facts that led to the filing of W. A. No. 626 of 2000 be noted briefly as under: The Government of andhra Pradesh, the 1st respondent, published a Notification dated 24-2-1998 calling for applications from private educational societies for the purpose of granting no Objection Certificate (NOC) for starting B. Ed. , Colleges during the academic year 1998-99. Further, through an amendment dated 6-3-1998, the government of Andhra Pradesh notified the Revenue Divisions in which the colleges have to be established. In Nellore district, with which we are concerned in this writ appeal, Kavali Revenue Division was mentioned as one such Revenue division for starting B. Ed. , College. The 1st respondent herein, St. Mary s Educational society, Giddaluru in Prakasam District, pursuant to the above notification issued by the Government of Andhra Pradesh, submitted an application for grant of NOC for starting B. Ed. , College at buchireddipalem village, Kavali Revenue division, Nellore District. . The commissioner and Director of School education, who is the Chairman of the State level Standing Committee, rejected the application of the 1st respondent on the ground that a copy of the registered sale deed was not enclosed to the application. The 1st respondent assailed the said action in W. P. NO. 9427 of 1999 before this Court and this Court by its order dated 27-7-1989 quashed the same and directed the commissioner and Director of School education to consider the application dated 22-3-1998 of the 1st respondent for issue of noc. When that order of the learned Single judge was assailed in W. A. No. 1825 of 1999, a Division Bench of this Court dismissed the writ appeal a
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