Hon’ble Rakesh Tiwari, J.—Heard learned Counsel for the parties and perused the record.

2. Brief facts of the case are that the Post Graduate College, Ghazipur is a college affiliated to Veer Bahadur Singh Poorvanchal University, Jaunpur and is governed by the provisions of U.P. Universities Act, 1973 and the first statute of Poorvanchal University framed thereunder.

3. By an order of the Registrar, Poorvanchal University, Jaunpur affiliation was accorded to the college for running a "Post Graduate Diploma in Physical Education” for the academic session 1995-96 which was extended for the academic sessions 1996 to 1998 the petitioner college admitted students for undergoing a one year post graduate diploma course in physical education during each of the aforesaid extension periods. The students so enrolled and passed the examination held by the University, at the end of the course have been awarded Post Graduate Diploma in physical education by it. The provisions of National Council for Teachers Education Act, 1993 (hereinafter referred to as NCTE) were enforced w.e.f. 1-7-1995. Section 14 of the 1993 Act which envisaged permission/approval from NCTE with regard to each course which were required to be approved including new courses introduced pertaining to teachers education. The college was to applying before the NCTE within a period of 6 months from the date of enforcement of the Act with entitlement to continue the teachers training course till such point of time as final orders were passed by NCTE on the application submitted by the college.

4. The period of 6 months specified for this purpose under Section 14 stood extended on 2 separate occasions by the National Council for Teachers Education itself firstly till August 1997 and thereafter till March. Reliance in this regard has been placed by the petitioners upon a decision of the Division Bench of this Court in the case of Ekta Shukla v. State of U.P. and others, 2006(1) ESC 53, in support of his case.

5. On 11-9-2006 the President promulgated the National Council for Teachers Education (Amendment and Validation) Ordinance, 2006.

6. By means of said Amendment a new chapter namely Chapter IVA comprising Section 18A to 18G were inserted in 1993 Act for a period of six months from the specified date. The newly added provisions envisaged grant of ex post facto approval/recognition by NCTE with regard to course/training conducted by colleges in the past. For giving effect to the provisions of the aforesaid amendment the Central Government framed a set of rules known as National Council for Teachers Education (Procedure for Recognition of Certain Categories of Institutions) Rules, 2006. For availing benefit of the said amended provisions the petitioner college applied before the National Council for Teachers Education for grant of recognition as envisaged therein with regard to the post graduate diploma in physical education conducted by the petitioner college during its affiliation with Veer Bahadur Singh Poorvanchal University in the academic sessions 1995-96, 1996-97 and 1997-98. The application so filed was rejected by the Regional Level Committee by order dated 16-4-2007.

7. Aggrieved by the said order of Regional Committee the petitioners filed an appeal before the NCTE, New Delhi which was also rejected vide order dated 7-9-2007 by the appellate authority.

8. Learned Counsel for the petitioners submits that even though in the order of Regional Level Committee some reasons were given to not allowing the application of the petitioners but such reasons/objections stood nullified under the order of National Council for Teachers Education, New Delhi dated 7-9-2007. The Appellate Authority, however, proceeded to decide the controversy against the petitioners on the sole ground that the application of the petitioner was not accompanied by a “No Objection Certificate” from the State Government in the format specified in Appendix I to the Act. It is this order of the National