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RAJIV SHAKDHER, JASMEET SINGH
Kusumraj Institute Of Teacher Training College And Another – Appellant
Versus
National Council For Teacher Education – Respondent
JUDGMENT
Rajiv Shakdher, J. - Notice in the writ petition was issued on 17.02.2022. Mr Shivam Singh, who appears on behalf of respondent nos. 1 and 2, in effect, National Council for Teacher Education (NCTE), on that date had submitted that the writ petition be disposed of, in terms of the judgment dated 09.02.2022 rendered by the Division Bench of this Court in W.P.(C) No.1669/2022, titled RR Teacher Training College vs. National Council for Teacher Education & anr.
2. although there is no representation on behalf of respondent no.3 i.e., Patliputra University, Patna, counsel for the petitioners agree that the matter can be disposed of, in accordance with the above-mentioned judgment.
2.1 To be noted, we are told that respondent no.3 has been served.
3. The substantive prayers made in the writ petition read as follows :
'(a) issue. an appropriate writ(s) or order(s) or direction(s) including the writ of certiorari quashing and setting aside the impugned Regulation 5(3) of the NCTE (Recognition Norms and Procedure) Regulations, 2014 to the extent it mandates and requires the Petitioners to submit No Objection Certificate issued by the concerned affiliating body and declaring the same
The court's decision was influenced by the petitioner's claim of obtaining a No-Objection Certificate (NOC) from the affiliating university, leading to the reexamination of the application for recogn....
The importance of obtaining a No-Objection Certificate (NOC) from the affiliating body for recognition of educational institutions.
The requirement of a No Objection Certificate for recognition applications was found to be regulated and subject to the petitioner obtaining such a certificate, affirming procedural compliance.
The court ruled that an NOC from the concerned Authority is not a prerequisite for recognition of teacher education courses under the NCTE Act, promoting the principle of procedural fairness in admin....
The court emphasized the importance of the NOC obtained from the State Government of Rajasthan in the application for recognition, and quashed the requirement of NOC from the affiliating body.
The court ruled that obtaining a No Objection Certificate from the State Government allows reconsideration of petitioner's application for recognition, quashing previous rejection due to NOC requirem....
The legal principle established is that a petitioner, recognized as a university, is not required to obtain a No Objection Certificate (NOC) for recognition by the NCTE.
The requirement for a No Objection Certificate for recognition by the NCTE is rendered underscored upon the petitioner's recognition as a private university.
Recognition as a university negates the requirement for a No Objection Certificate for application submissions under the NCTE Act.
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