Hon’ble P.K.S. Baghel, J.—The petitioners have instituted this writ proceedings under Article 226 of the Constitution of India for quashing of an order dated 22nd May, 2016 communicated by the Registrar of Deen Dayal Upadhyay Gorakhpur University, Gorakhpur denying affiliation to the petitioners’ institution for the academic session 2016-18 and for a direction upon the respondents to permit the petitioners’ institution to participate in the counselling and also to allot the students on the basis of entrance examination conducted for B.Ed. course for session 2016-18.

2. The basic facts pertinent to the issue in question may be stated as follows:

Baij Nath Smarak Sansthan, Deorhi, Deoria is a Society, which is registered under the provisions of the Societies Registration Act, 1860. It has established a degree college, namely, Babu Baij Nath Singh Mahavidyalaya, Deorhi, Deoria (College), which is affiliated to Deen Dayal Upadhyay Gorakhpur University, Gorakhpur (the University). The college is governed under the provisions of the Uttar Pradesh State Universities Act, 1973 (Act, 1973) and the First Statutes of the University. The college runs undergraduate classes. It is a self-financing institution.

3. In the year 2012, the petitioners made an application to the Northern Regional Committee (NRC) of the National Council for Teacher Education (NCTE) for recognition to run Bachelor of Education (B.Ed.) course in the college.

4. The NCTE sent a team of Experts, Visiting Team, with a view to assess the level of preparedness of the institution to commence the course. The Visiting Team made an inspection of the college and it has also got done videography of the building, laboratory, library, members of the staff, etc. The NRC in its 223rd meeting, which was held on 17th to 19th January, 2014, considered the report and videography submitted by its Expert Committee/Visiting Team. On the basis of the report submitted by the Visiting Team and the videography, the NRC was prima facie satisfied that the college possesses adequate financial resources, accommodation, library and laboratory, etc. as prescribed in the norms and standards and it also fulfills all such other conditions relating to infrastructural and instructional facilities required for proper functioning of the institution for a teacher education course. Hence, the NCTE decided to issue a letter of intent to the college and the same was issued on 08th February, 2014. It is worthwhile to notice that the letter of intent is issued prior to grant of recognition/permission for B.Ed. course.

5. In the letter of intent the NCTE laid down certain conditions to be fulfilled before grant of formal recognition, such as, submissions of documents relating to particulars of the staff duly approved by the University, advertisement in leading newspapers, educational and professional qualification certificates of all teaching staff, etc. It is stated that the college has made the appointment of the qualified teachers and the University vide its orders dated 19th February, 2015, 26th August, 2015 and 12th May, 2016 has accorded approval to 11 teachers in the college.

6. The NCTE having been satisfied that the college fulfills its norms for grant of recognition, vide its order dated 09th April, 2015 granted recognition to the college to run B.Ed. course for two years duration with 100 annual intakes (two units) from the academic session 2015-16.

7. It is stated that although the recognition was granted from the academic session 2015-16 but the petitioners could not be able to get the students for admission for the said session.

8. It is further stated that about 40 institutions had applied for recognition from the NCTE in the year 2012 but they were granted recognition in 2015. In those cases also, No-Objection Certificates (NOC) from the University were not taken. This aspect was considered by the Executive Council of the University in its meeting dated 18th May, 2016 and deferred the co