JUDGMENT :

S.Mehta, J.

Heard learned counsel appearing for the parties and perused the material placed on record.

2. The instant intra-Court writ appeal is preferred by the National Council for Teacher Education (NCTE for short) being aggrieved by the judgment dated 27.06.2023 whereby the writ petition, being, WP(C) 986/2020 preferred by the respondent No.1 herein was accepted. The aforesaid writ petition came to be instituted by the respondent No.1 herein aggrieved of the order dated 28.08.2019 passed by the Eastern Regional Committee (ERC), NCTE by which, the recognition of the petitioner college (respondent No.1 herein) was withdrawn. The respondent No.1/writ petitioner also laid challenge to the order dated 05.12.2019 whereby the statutory appeal preferred by the respondent No.1/writ petitioner was rejected. It may be further mentioned that during the pendency of the writ petition, the matter was reconsidered in the 306th meeting of the ERC held on 14/15 September, 2022 wherein the above decision was affirmed. The learned Single Judge recorded this fact and interfered with the same.

3. The short issue which arises for consideration of this Court in this writ appeal is whether the respondent college was having insufficient built up area in terms of the National Council for Teacher Education (Recognition Norms and Procedure) Regulations, 2014 so as to make it liable to lose its recognition by the NCTE. The ERC cancelled the recognition by taking recourse to Clause 8(7) of the NCT Regulations, 2014 wherein it was stipulated that the temporary structure or asbestos roofing shall not be allowed in institution even if it is in addition to the prescribed built up area, i.e. 1500 sq.m. since the top storey of the college building was under a CI sheet roofing, it was held that the said area could not be counted as a permanent structure and was extended from built up area. The appellate authority went on to hold that if the area under the CI sheet roofing of the institution’s building was excluded, the built-up area with RCC roofing was not adequate for B.Ed. course, as per the NCTE norms which should be minimum 1500 sq.m. The respondent/writ petitioner highlighted before the learned Single Bench the amendment of the Rules dated 04.05.2022, wherein in the Clause pertaining to exclusion of temporary structures, the words “CI sheet roofing” were deleted. The appellant NCTE opposed the said submission on the ground that the roofing on the third floor was comprised of CI sheet and hence, it was undeniably a temporary structure.

4. The learned Single Judge, after hearing the arguments advanced by the learned counsel appearing for the parties and considering the definition of ‘building’ as appearing in Rule 2(14) of the Assam Notified Urban Areas (other than Guwahati) Building Rules, 2014, held that merely because the roofing of the institution’s building was comprised of CI sheet, it could not be taken out of the purview of a permanent structure and accordingly, it was held that the building was having built-up area of more than 1500 sq.m. and thus, the same was compliant of the NCTE Regulations 2014 as amended in the year 2022. The judgment dated 27.06.2023 rendered by the learned Single Judge accepting the writ petition and reversing the decision to derecognize the respondent college is assailed in this intra-Court writ appeal at the instance of the NCTE.

5. Mr. I. Alam, learned counsel representing the appellant NCTE vehemently and fervently urged that the built-up area of the respondent college having RCC roofing was only 9806.250 sq. ft. out of total built-up area of 16840.225 sq. ft. The area under CI sheet roofing would have to be treated as a temporary structure and hence, the same was in violation of Clause 8(7) of the NCTE Regulations 2014. On these grounds, he implored the Court to accept the writ appeal and reverse the impugned judgment.

6. Per contra, Mr. T.J. Mahanta, learned senior counsel representing the respondent No.1 urged t