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.

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 same.

Background Facts:-

3. The background facts, leading to filing of the present petition, are adumbrated herein below:-

“The petitioner college is an Educational Institution run by HAM- AK Rural Development Foundation at HAM-AK Mahol, Hatizuzua in the district of Nagaon and it has been working in the field of imparting education since the year 2011 and with a view to undertake the teacher education, applied to the Gauhati University (GU hereinafter) for NOC/consent of affiliation and to secure affiliation for B.Ed. and B.P.Ed. 2^nd year courses and the said application was made as per stipulation of the National Council for Teacher Education (NCTE hereinafter) Regulations, 2014, on 23.03.2022, which was received by the University on 28.03.2022.

But, thereafter, the University authority has issued the impugned notification dated 24.05.2022, after the application was made, stating that an Executive Council Resolution was passed on 29.03.2022, bearing No. R/EC-02/2022/15(b), to the effect that any institution has to seek a NOC first from the Government in order to obtain a NOC/consent of affiliation from the GU.

It is the pleaded case of the petitioner college that the impugned order was issued in violation of the guidelines stipulated under NCTE Regulations, 2014 and judgment passed by Hon’ble Supreme Court in the case of State of Maharashtra vs. Sant Dynaeshwar Shikshan Shastra Mahavidyalaya & Others, in Civil Appeal No. 1859/2006, wherein it was held that NOC from the State Government is absolutely not required for the University to provide NOC/consent for affiliation.”

4. The respondent No. 4 (GU) has filed its affidavit-in-opposition, wherein a stand has been taken that the petitioner college had earlier filed one writ petition, being W.P.(C) No. 794/2023, on 06.02.2023, challenging two communications of the GU, being Memo No. GU/AFF/Inspection/2022/5238-41, dated 18.08.2022 and Memo No. GU/AFF/Inspection/2022/5242-45, dated 18.08.2022, as regards inspection of the petitioner college, with the interim prayer „to give NOC to the petitioner‟s college for applying to NCTE for recognition of 4 years Integrated B.A. B.Ed. & B.Sc. B.Ed. Programme‟.

4.1. In addition to the aforementioned writ petition, the petitioner college has also filed two other writ petitions, being W.P.(C) No. 3782/2022 and W.P.(C) No. 4212/2024 in the similar subject matters which are pending before this court without any interim order and that there is material suppression of facts by the petitioner and on this count alone the petition is liable to the dismissed, in view of the principles of res-judicata.

4.2. It is also stated that HAM-AK Rural Development Foundation has one more institute namely, HAM-AK Rural College of Education, which is already affiliated to the GU in the same loc