RAJIV SHAKDHER, TALWANT SINGH
Rr Teacher Training College – Appellant
Versus
National Council For Teacher Education And Another – Respondent
JUDGMENT
Rajiv Shakdher, J. - Issue notice.
1.1. Mr Jaideep Khanna accepts notice on behalf of the respondents.
2. With the consent of the counsel for the parties, the writ petition is taken up for hearing and final disposal, at this stage itself.
3. The substantive prayers made in the writ petition read as follows :
"[a] Issue a writ of Certiorari and quash Regulation 5[3] of National Council for Teacher Education [Recognition Norms and Procedure] Regulations, 2014 to the extent it requires the Petitioner to submit No Objection Certificate [NOC] issued by the concerned affiliating Body as the same is ultra vires the NCTE act, 1993 and article 14 and 19 of the Constitution of India; and
[b] Issue a writ of certiorari and quash the order dated 19.08.2016 passed by the Respondent No.2 and order dated 12.07.2018 passed by the Respondent No.l
[c] Issue a writ of mandamus and direct the Respondent No.2 to decide the application of the Petitioner for grant of recognition for D.El.Ed course by taking into account the NOC dated 30.05.2019 issued by the Department of Elementary Education, Govt of Rajasthan;'
4. Mr Sanjay Sharawat, who appears for the petitioner, says that in view of the fact that
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 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 importance of obtaining a No-Objection Certificate (NOC) from the affiliating body for recognition of educational institutions.
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 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 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.
Pending applications for educational institution recognition must be evaluated under regulations in effect at the time of application, with a requirement for administrative decisions to be reasoned.
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