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2001 Supreme(AP) 1617
Andhra Pradesh High Court
Judges : A.R.LAKSHAMANAN, V.V.S.RAO
Modern Educational Society - Appellant
Versus
Government Of A.P., Education (Trg.) Department - Respondent
Decided On : 12-19-01
Headnote:
Education law - National Council for Teacher education Act, 1993 – Constitution of India,1950 - Article 226 Admission - School Education - Declare application - No objection Certificate - Writ Appeal is directed against order -Writ Petition was filed by appellant to declare application submitted by respondent - Educational Trust to respondents and for issuance of No objection Certificate (NOC) for establishment of a B. Ed College in East Revenue Division pursuant to notification - Director of School Education published a notification inviting applications from private educational societies for starting B. Ed colleges for academic year with an intake capacity of maximum seats as per guidelines/regulations formulated by National Council for teacher education Act - Qualification of said notification is to effect that providing of two hectares of in name of society and providing of corpus fund of lakhs are some primary conditions for considering issue of NOC - Qualification states that filled in application for issue of NOC should be accompanied by a copy of constitution and bye-1aws of Educational agency proposing to establish institution along with copy of registration Societies Act a demand draft –Held, It was argued by Counsel appearing for respondent that appellant has not disclosed fact that they did not submit title deeds for two hectares of land which is one of basic conditions on date of their making application for issuance of NOC and that land was purchased by a registered sale deed only has been brought to notice of which was in response to information sought by District Collector who in turn was requested by respondent to conduct necessary verification - As rightly pointed out by Counsel for respondent this aspect of appellant not having title to land as on date of making application was not disclosed in affidavit filed in support of writ petition - This apart against refusal by respondent to grant permission to appellant for establishment of college there is an alternative remedy of appeal available by way of approaching Appeal Committee - Writ Appeal dismissed
( 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.
( 4 ) ACCORDING to the appellant, the 4th respondent did not submit FDR for Rs. 5. 00 lakhs on a nationalised bank/nsc, which is a mandatory condition. Instead, the 4th respondent furnished FDR No. 0078737 dated 20-3-1998 for Rs. 5. 00 lakhs drawn on vysya Bank, Kukatpally along with its application for issuance of NOC. Subsequently, at the time of physical verification of the society by the inspection team of the Government of Andhra Pradesh, the 4th respondent has shown FDR no. 460869 dated 1/-2-1999 for Rs. 5. 00 lakhs drawn on Andhra Bank, Balanagar Branch. When the 4th respondent was requested to submit the original FDR and land documents, vide telegram dated /-10-2000 by the Commissioner and Director of School education, it has furnished FDR No. 519480 dated 18-10-2000 for Rs. 5. 00 lakhs drawn on andhra Bank which was not the original fdr submitted by it along with the application dated 20-3-1998. Subsequently, it earner-light that the 4th respondent by letter dated 9-9-1999 requested the Chief manager, Andhra Bank, Balanagar Branch to cancel the FDR dated 1/-2-1999 issued for rs. 5 lakhs. Accordingly, the FDR was cancelled and the amount was credited to the current account of the 4th respondent. In view of this, the application
