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DELHI HIGH COURT
RAJIV SHAKDHER, TALWANT SINGH
Shyam College – Appellant
Versus
National Council for Teacher Education – Respondent
| Table of Content |
|---|
| 1. petitioner's substantive prayers for writs. (Para 1) |
| 2. petitioner recognized as private university. (Para 2) |
| 3. contention regarding noc for recognition. (Para 3) |
| 4. acceptance of university status affecting noc requirement. (Para 4) |
| 5. reexamination of recognition by ncte. (Para 5) |
| 6. directions for ncte's expedited review. (Para 6) |
| 7. conclusion and disposal of the writ petition. (Para 7 , 8 , 9) |
JUDGMENT
Rajiv Shakdher, J. (Oral)
[Court hearing convened via video-conferencing on account of COVID-19]
1. The substantive prayers made in the writ petition are 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 09.08.2016 passed by the Respondent No.2 and consequently direct the said Respondent to decide the application of the Petitioner for grant of recognition for B.A.B.Ed/B.Sc.B
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.
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 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 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 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'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....
NCTE has the final authority over recognition applications regardless of state restrictions, which limits the state's role to recommending actions without binding NCTE's decisions.
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