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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
ROBIN PHUKAN
Ham-Ak Rural College of Education Rep. By Its Director, Dr.inamul Hassan – Appellant
Versus
Registrar Gauhati University – Respondent
JUDGEMENT & ORDER :
ROBIN PHUKAN, J.
Heard Mr. A.C. Buragohain, learned Senior Counsel, assisted by Mr. R. Singh, learned counsel for the petitioners; Mr. P.J. Phukan, learned standing counsel for the respondent Nos. 1 & 2; and Mr. I. Alam, learned counsel for the respondent No. 3.
2. In this petition, under Article 226 of the Constitution of India, 65 petitioners have prayed for setting aside and quashing the Notification, dated 08.08.2024, bearing Memo No. GU/AFF/B.Ed. Colleges/8205.
3. It is to be noted here that vide impugned Notification, dated 08.08.2024, bearing Memo No. GU/AFF/B.Ed. Colleges/8205, the respondent Nos. 1 & 2 had deleted the name of the petitioner college from the list of recognized college of affiliation.
4. During the pendency of this writ petition, the petitioners have filed following three interlocutory applications:-
(i) I.A.(Civil) No. 442/2025, for staying the two resolutions, adopted by the respondent Nos.1 and 2, being Nos. R/EC- 03/2023/31(B)(xiv), dated 22.09.2023 and R/EC-03/2024/36(B)(10), dated 28.10.2024; whereby the B.Ed. course of the petitioner’s college is kept in abeyance;
(ii) I.A.(Civil) No. 377/2025, for quashing the order dated 01.09.2023, bea
The court affirmed that educational institutions must comply with regulatory standards, and the authority to keep affiliations in abeyance is inherent, provided due process is followed.
Point of Law : State actions are required to be non-arbitrary and justified on the touchstone of Article 14 of the Constitution. Action of the State or its instrumentality must be in conformity with ....
The purpose of “recognition” and “affiliation” is different. In the context of the N.C.T.E. Act, “affiliation” enables and permits an institution to send its students to participate in the public exa....
Point of Law - As per Section 35 of the Hemchandracharya North Gujarat University Act, Rules and Statute, the power to deny the affiliation is not with the University and the Executive Committee coul....
The requirement for a State NOC for university affiliation contravenes NCTE Regulations and central legislation, as state laws cannot impose conditions inconsistent with national standards.
Section 17 of the NCTE Act empowers the Regional Committee of the NCTE to withdraw recognition granted to an institution offering course or training in teacher education, for reasons to be recorded i....
The University must grant affiliation to recognized institutions without requiring government notification, affirming its autonomy under the NCTE Act.
Procedural compliance in educational affiliations is critical; failure to follow mandatory guidelines leads to nullification of approval for new colleges.
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