The main legal point established in the judgment is the validity of the requirement of a no objection certificate from the State Government for recognition of educational institutions under the National Council for Teachers Education Act, 1993.

Nagendra Rai, J.

1. This appeal is directed against the order dated 18.8.2004 passed by the learned Single Judge by which he has quashed the order dated 30.1.1999 passed by the State Government contained in Annexure 20 refusing to grant recognition to start a Teachers Training (B.Ed.) College and directed the respondent No. 4 National Council for Teachers Education, Eastern Region (hereinafter referred to as the Council) to consider the case of the respondent for its recognition on the basis of the details furnished by it in accordance with law without awaiting for no objection certificate of the State Government.

2. The factual matrix of the case are that the writ petitioner- respondent No. 1 is a registered society registered under the Societies Registration Act with an object inter alia to develop, uplift and promote the educational standard of rural areas so that they may be well equipped to serve their family members and the society in general. It established the respondent No. 2 Mirza Ghalib Teachers Training (B.Ed) College, Janipur, Patna (hereinafter referred to as the College) and applied before the State Government for recognition of the college in terms of the Bihar Non-Government Physical Training College (Control and Regulation) Act, 1982 and the matter remained pending. In the meantime, in 1993 the Parliament enacted the National Council for Teachers Education Act, 1993 (hereinafter referred to as the Act) with an object to achieve planned and coordinated development of the teacher education system throughout the country, the regulations and proper maintenance of norms and standards in the teacher education system and of matter connected therewith. The Act came into force on 17.8.1995. In terms of the provision of the Act the respondent No. 1 and 2 submitted an application to the Director of the Council, Eastern Region, Bhuwaneshwar. The Council made the proper scrutinies and found that the college suffers from lack of minimum requirements and, accordingly, it was asked to comply with the deficiencies. The deficiencies were; absence of affiliation order from examining body i.e., University/ State Board from 1995-96 academic session, no objection certificate from the State Government, absence of land and building plans and a list of non-teaching staff with details of vacant posts and syllabus of course.

3. In spite of the communication of the aforesaid deficiencies and the reminder the respondents did not reply and accordingly the case of the institution was disposed of by an order dated 14.1.1999 as contained in Annexure 21 informing the writ petitioners-respondents to submit no objection certificate granted by the State and the order of affiliation by 3.2.1999, otherwise the case will be treated to be closed. It appears that in the meantime the State Government also by an order dated 30th January 1999 rejected the request of the writ petitioner-respondents for recognition of the institution.

4. The writ petitioners-respondents initially filed a writ application for a direction to consider the case of the College for recognition and for directing the State Government to recognize the College and allow the students to appear in the examination. But later on after passing of the aforesaid order the writ application was confined to quashing the aforesaid direction and for a direction to the Regional Committee to grant recognition in terms of sec. 14 of the Act.

5. The stand of the Council-appellant is that as the petitioners did not file the no-objection certificate and other required documents their case was not considered and treated to be closed. There are only four Regional Committees throughout the country and they have to rely on somebody for being satisfied about the requirement as mentioned in the conditions, namely, details of financial resources, accommodation, library, qualified staff, laboratory and other conditions of the institution before granting it recognition, which are enumerated in sec. 1