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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
ROBIN PHUKAN
HAM-AK College of Higher Education, Represented by its Director Inamul Hassan, S/o Abdul Mazid – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
Heard Mr. A.C. Buragohain, learned senior counsel assisted by Ms. J. Tamuli, learned counsel for the petitioner; Mr. S. Das, learned standing counsel of Higher Education Department for the respondent Nos. 1 & 5; Mr. B. Gogoi, learned standing counsel of SCERT for the respondent No. 2; Mr. I. Alam, learned standing counsel of NCERT for the respondent No. 3; and Mr. P.J. Phukan, learned standing counsel for Gauhati University, the respondent No. 4.
2. In this petition, under Article 226 of the Constitution of India, the petitioner college has prayed for issuing direction to the respondent No. 4 to issue consent for affiliation/No Objection Certificate (NOC hereinafter) so as to enable it to apply "online‟ to NCTE to get recognition for B.Ed. College as applied for; and to direct the other respondents to give affiliation and final recognition as the NCTE authority had already accepted a sum of Rs. 4,84,000/- being the fee; and also to issue direction to the respondent Nos. 1 & 4 not to give effect or to abstain from giving effect to the Notification, dated 24.05.2022 (Annexure – 3), in view of the E.C. Resolution No. R/EC-02/2022/15(b), dated 29.03.2022; and also to quash the
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.
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....
Procedural compliance in educational affiliations is critical; failure to follow mandatory guidelines leads to nullification of approval for new colleges.
Submission of No Objection Certificate is a mandatory requirement for recognition; failure to provide it leads to application rejection.
The University must grant affiliation to recognized institutions without requiring government notification, affirming its autonomy under the NCTE Act.
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