Words used in the judgment not to be treated as legislative enactment.

The Chief Justice:

Both the writ appeals have been filed against the impugned judgment of the learned single Judge dated 9.11.2004. We have heard the learned counsel for the parties and perused the records.

2. The writ petitions had been filed by the respondent in each writ appeal praying for a writ of certiorarified mandamus calling for the records of the second respondent in each writ petition and quash condition No.3 in the order dated 28.10.2004 in so far as it grants recognition to the writ petitioners only for the academic year 2005-2006 and not for 2004-2005. The learned single Judge had allowed the writ petitions and had observed that it was not open to the respondents in the writ petitions to say that the petitioners are not eligible to admit students for the session 2004-2005.

3. Learned Additional Solicitor General appearing for the appellants has invited our attention to section 14(1) of the National Council for Teacher Education Act, 1993, which states as follows:

"Every institution offering or intending to offer a course or training in teacher education on or after the appointed day may, for grant of recognition under this Act, make an application to the Regional Committee concerned in such form and in such manner as may be determined by regulations."

4. Learned counsel has also invited our attention to Regulation 3(i) of the National Council for Teacher Education Regulations, 2002, which states as follows:

"An application for grant of recognition of/permission for teacher education institutions/ programmes including application for additional intake in respect of courses through face to face mode shall be submitted to the Regional Committee concerned in the form given in Appendix 1-A. The list of essential documents to be attached to the application shall be as given in Appendix 1-B. The land title certificate by a local practicing lawyer shall be submitted as per the format at Appendix 1-C. An undertaking on a non-judicial stamp paper shall be submitted as per the format at Appendix 1-D."

5. Appendix 1-B of the aforesaid Regulations states thus:

Appendix 1-B – List of essential documents.

Application for grant of recognition including permission for additional intake should be submitted in triplicate in the format given at Appendix 1-A to the concerned Regional Committee along with the following essential documents.

(i).....

(ii) "No Objection Certificate" from the State Govt./UT Administration (in original).

......

......

Note: (1) If the application is found incomplete i.e. without all the essential documents, the institution may be asked to make good deficiencies in the application on or before the last date prescribed in the regulations.

(2) In the event when deficiencies in an application get removed only after the last date, the application of institution shall be carried forward by the Regional Committee for consideration for the subsequent academic year i.e. for the course that would be offered one year later."

6. A perusal of the above Regulation shows that the application to the Regional Committee for recognition has to be submitted in the manner mentioned in the Regulations. It is well settled that when the manner of doing something is prescribed, that thing has to be done in that manner alone and not otherwise.

7. Regulation 3 has mentioned that certain essential documents as given in Appendix 1-B have to be attached to the application. One of such essential documents is 'No objection certificate" from the State Government/ Union Territory. The 'note' to appendix 1-B states that if the application is found incomplete, the institution may be asked to make good deficiencies in the application on or before the last date prescribed in the regulations. Regulation 7 states that the last date for making the application is 31st December of every year. Note (2) of appendix 1-B states that if the deficiencies in an application get removed only after the last date, the application of the institution shall be carrie