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2014 Supreme(Guj) 607

IN THE HIGH COURT OF GUJARAT
Harsha Devani, J.
B.M. Patel Education Trust – Appellant
Vs.
Hemchandracharya South Gujarat University – Respondent
Special Civil Application No. 7813 of 2014
Decided On: 16.06.2014

Advocates:
Advocate Appeared
For Appellant/Petitioner/Plaintiff: Saurin Mehta and Anuja S. Nanavati
For Respondents/Defendant: P.S. Champaneri and Siddharth H. Dave

Headnote:

National Council for Teacher Education Act, 1993 - Sections 16 and 14 - Constitution of India, 1950 - Article 226 - University Grants Commission Act, 1956 - Section 26(1) - Refusal to grant affiliation to college - to issue a writ of Mandamus or a writ in the nature of Mandamus or any other appropriate writ, order or direction to quash and set aside the impugned Resolution No.2(8) passed by the Executive Council of Hemchandracharya Uttar Gujarat University, Respondent No.1 herein and direct Respondent No.1 University to grant affiliation to the College of the Petitioner Trust i.e. Saraswati Education College - Held, question at a belated stage; nor can it be permitted to take the same into consideration while considering the application for affiliation. At this stage, the respondent University shall consider the application made by the petitioner for grant of affiliation keeping in mind the fact that the requirements laid down by the NCTE have been satisfied. While considering the application, the respondent University shall not insist upon compliance with the norms laid down by the UGC Regulations in respect of infrastructural facilities or any other matter in respect of which the NCTE has prescribed specific norms. However, it would be open for the respondent University to bring to the notice of the NCTE any breach of the conditions imposed by it subsequent to the grant of recognition to the petitioner college and the NCTE may take necessary action thereupon in accordance with law - Appeal allowed

JUDGMENT

Harsha Devani, J.

1. Rule. Mr. Siddharth Dave, learned advocate waives service of notice of rule on behalf of the respondent No. 1 University and Mr. P.S. Champaneri, learned advocate waives service of notice of rule on behalf of respondent No. 2-National Council for Teacher Education. Having regard to the facts of the case and the urgency of the matter, with the consent of the learned advocates for the respective parties, the matter was taken up for final hearing today. This petition under Article 226 of the Constitution of India has been filed for the following substantive reliefs:

7. In view of the aforesaid premises, the Petitioner most humbly prays that:

(A) This Hon'ble Court may be pleased to issue a writ of Mandamus or a writ in the nature of Mandamus or any other appropriate writ, order or direction to quash and set aside the impugned Resolution No. 2(8) passed by the Executive Council of Hemchandracharya Uttar Gujarat University, Respondent No. 1 herein and direct Respondent No. 1 University to grant affiliation to the College of the Petitioner Trust i.e. Saraswati Education College;

7AA. This Hon'ble Court may be pleased to issue writ of mandamus or writ in a nature of mandamus or any other appropriate writ or direction to quash and set aside the impugned Decision/Resolution dated 6/6/2014 at Annexure AA passed by Executive Council, Hemachandracharya North Gujarat University - Respondent No. 1 herein and direct University to grant affiliation to the college of Petitioner Trust i.e. Saraswati Education College for B.Ed. and M.Ed. Course.

2. The facts of the case as averred in the present petition are that the petitioner, an educational trust, established a self-financed B.Ed, and M.Ed. College which is run in the name and style of Saraswati Manila Education College with an intake capacity of 100 and 35 students respectively. Under section 14 of the National Council for Teacher Education Act, 1993 (hereinafter referred to as "the Act"), before establishment of any B.Ed./M.Ed. College, statutory permission is required to be obtained from the Regional Committee established under section 20 of the Act. The Regional Committee upon receipt of an application in terms of the prescribed regulations framed under the Act and upon being satisfied that the institution has adequate financial resources, accommodation, library, qualified staff as well as other requirements, passes an order granting recognition to the institute. It is the case of the petitioner that pursuant to an application made by the petitioner, the Western Regional Committee after verifying all infrastructure and conditions for establishment of B.Ed. College granted recognition to the petitioner on 7th April, 2005 for starting B.Ed. Degree course from the academic year 2004-2005 with an annual intake capacity of 100 students. Similarly, for the M.Ed. Degree course, the Western Regional Committee granted recognition on 14th March, 2008 initially with intake capacity of 25 students which was subsequently increased to 35 students in the year 2010. At the relevant time, since the petitioner Trust was imparting education to girls, it was affiliated to S.N.D.T. Women's University, Mumbai. However, subsequently by a judgment and order dated 8th September, 2011 passed by this court in Special Civil Application No. 8031/2010, it was held that colleges which are affiliated to universities situated outside the State shall seek transfer to their local university, in view of which the State of Gujarat issued a Government Resolution dated 1st September, 2012 directing all colleges which are affiliated to universities situated outside the State to seek transfer and get affiliated to its local university failing which necessary action would be initiated against them. Pursuant thereto, the petitioner made an application to the respondent No. 1-University for grant of 'No Objection Certificate' to its B.Ed. College. By a certificate dated 15th May, 2013, such 'No Objection Cer






















































































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