IMPORTANT POINT
The University must grant affiliation to recognized institutions without requiring government notification, affirming its autonomy under the NCTE Act.

ORDER :

V.Sujatha, J.

This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:-

"....to issue an appropriate writ more in the nature of Writ of Mandamus declaring action of the Respondents more particularly 3, 4 and 5 in not granting affiliation for the academic year 2023-24 despite collecting the affiliation fee on the ground that the Petitioner institution is not notified by the 1st Respondent and thereby disabling the Petitioner to participate in APEDCET 2023 counselling as being arbitrary illegal and violative of Articles 14 and 19 of the Constitution of India and violative of A P Universities Act and National Council for Teachers Education Act 1993 and consequently direct the Respondents 3 to 5 to grant affiliation to the Petitioner institution for the academic year 2023-24 and issue such other writ or order or direction as deemed fit and proper in the circumstances of case...."

2. Heard Mr. Mathukumilli Sri. Vijay, learned counsel for the petitioner, learned Government Pleader for Higher Education appearing for the respondent No.1, Ms. S.Parineetha, learned Standing Counsel appearing for the respondents 2 and Mr. M.Murali Lincon, learned Standing Counsel appearing for the respondents No.3 to 5.

3. The case of the petitioner is that the petitioner is the B.Ed College offering various courses for the past many decades. The petitioner institution got recognition from the National Council for Teacher Education and is running as per the regulations framed by the NCTE and the provisions of AP Universities Act without any deviations.

4. Initially the recognition was granted at Chittoor District, which falls under 'Sri. Venkateswara University, Tirupati'. Thereafter the petitioner institution could not run the same at Chitoor District and subsequently applied for shifting permission before the National Council for Teacher Education from Chittoor District to Guntur District, which falls under jurisdiction of the 5th respondent University. The NCTE, granted shifting permission vide orders dated 23.01.2024.

5. While so, on 24.01.2024 the petitioner institution approached the 5th respondent and requested to grant affiliation. But the University authorities informed that the petitioner institution is not notified by the 1st respondent and without such notification the University cannot grant affiliation.

6. The grievance of the petitioner is that the provisions of NCTE Act clearly mandates that the respondent University being an examining body, should grant affiliation as and when the NCTE grants recognition to any institution as per Section 16 of the NCTE Act. Despite the same, the petitioner approached the 1st respondent vide representation dated 29.01.2024, requesting the authorities to grant statutory permissions as insisted by the 5th respondent. The 1st respondent vide letter dated 01.03.2024, addressed the 2nd respondent and called for specific remarks with respect to the petitioner institution. The 2nd respondent submitted its remarks to the 1st respondent on 07.03.2024 recommending the case of the petitioner institution for issuance of Government Order enabling the 5th respondent University to grant affiliation. But the same is pending before the 1st respondent and no action is taken till date. Hence, the writ petition.

7. Learned counsel for the petitioner relied on Section 16 of the NCTE Act, which is extracted herein under:

"16. Affiliating body to grant affiliation after recognition or permission by the Council. -

Notwithstanding anything contained in any other law for the time being in force, no examining body shall, on or after the appointed day, --

(a) grant affiliation, whether provisional or otherwise, to any institution; or

(b) hold examination, whether provisional or otherwise, for a course or training conducted by a recognised institution,

unless the institution concerned has obtained recognition from the Regional Committee concerned, under Section 14 or permission for a course