The university has the right to make a limited inquiry to ensure that the institution meets the necessary criteria for affiliation, and no admission can be granted by a college until affiliation is first granted by the university.

The Hon'ble Chief Justice:

This is a review application for reviewing our judgment dated 20.4.2005.

2. Mr.R.Krishnamurthi, learned senior counsel and Mr.V.Ayyadurai, learned counsel appearing for the review petitioner submitted that since recognition had been granted to the writ petitioner institution it was automatically entitled to affiliation by the Madras University in view of section 14(6)(a) of the National Council for Teacher Education Act, 1993 which states:-

"Every examining body shall, on receipt of the order under sub-section (4),--

(a) grant affiliation to the institution where recognition has been granted."

3. Learned counsel relied on the Division Bench decision of this Court in Writ Appeal No.4204 of 2004 etc. batch (Bharatidasan University v. Dhanalakshmi Srinivasan). We have carefully perused the said judgment. That case really was concerned with the question whether no objection certificate was required from the State Government before affiliation could be granted by the University. The Bench held it was not required. However, learned counsel for the review petitioner has relied on some observations made in that judgment which are as follows:-

"Further the NCTE Act contains adequate provisions as regards granting of affiliation as automatic one in respect of institutions which have been granted with recognition by the NCTE."

4. In our opinion, the word 'automatic' used in the aforesaid judgment should not be treated to mean that the Madras University must blindly grant affiliation whenever an order of recognition by NCTE under the NCTE Act, 1993 is produced before it. No doubt section 14(6) says that the examining body, on receipt of the order under sub-section (4) of section 14, shall grant affiliation to the institution where recognition has been granted. However, this does not mean that as soon as an order of recognition from the NCTE is produced before the University it must close its eyes and straightaway grant affiliation.

5. In our opinion, when a recognition order of NCTE is produced before the University, the University can make a limited enquiry as to whether the Regional Committee before granting recognition followed the provisions of section 14(3)(a) of the NCTE Act, which states:-

"On receipt of an application by the Regional Committee from any institution under sub-section (1), and after obtaining from the institution concerned such other particulars as it may consider necessary, it shall--

(a) if it is satisfied that such institution has adequate financial resources, accommodation, library, qualified staff, laboratory and that it fulfills such other conditions required for proper functioning of the institution for a course or training in teacher education, as may be determined by regulations, pass an order granting recognition to such institution, subject to such conditions as may be determined by regulations."

6. It must be understood that a University is a centre of higher learning and naturally has to maintain its reputation and it will like to grant affiliation only to a college which has the proper facilities, qualified staff, financial resources etc.

7. We make take a hypothetical case. Supposing a college which does not have the adequate facilities, qualified staff, financial resources etc., by manipulation or some fraud obtains a recognition certificate from the NCTE even though the procedure under section 14(3)(a) has not been followed, and then it applies for affiliation to the Madras University, does this mean that the Madras University must close its eyes and even without making any enquiry on its own whether section 14(3)(a) was complied with must straightaway grant affiliation? Madras University is a prestigious university which has produced outstanding scholars who have created a mark all over the world and we cannot accept the contention that Madras University must blindly grant affiliation just because the recognition certificate by NCTE is produced before it. Of course, if in