Submission of No Objection Certificate is a mandatory requirement for recognition; failure to provide it leads to application rejection.

1. The petitioner institution has come forward with this writ petition questioning the correctness of the order dated 30.01.2016 of the first respondent. In and by the said order dated 30.01.2016, the first respondent rejected the application for recognition submitted by the petitioner for running B.A., B.Ed., / B.Sc., B.Ed., course for the academic year 2016-2017.

2. The petitioner institution has obtained recognition from the first respondent for conducting B.A., B.Ed., / B.Sc., B.Ed., a four year integrated course, from the academic year 2008-2009. For the purpose of getting similar recognition for the academic year 2016-2017, the petitioner institution has submitted an application on 30.06.2015 in Application ID No. SRCAPP14767. On receipt of such application, the first respondent insisted the petitioner to obtain No Objection from the third respondent as a condition precedent for grant of recognition. In fact, even before the submission of the application dated 30.06.2015 to the first respondent, the petitioner submitted an application dated 29.06.2015 to the second and third respondent followed by reminders dated 18.11.2015 and 01.12.2015 for issuing No Objection. However, the third respondent did not act upon such reminders and kept the issue relating to issuance of No Objection Certificate pending for seven months. If the third respondent did not issue any No Objection Certificate for more than two and half months, it shall be deemed that the third respondent has no objections to be made and in such event, the first respondent has to process and decide the case independently on merits without waiting for No Objection Certificate from the third respondent.

3. According to the petitioner, on 21.10.2015, a show cause notice was issued by the first respondent calling upon the petitioner to show cause why No Objection Certificate has not been produced inter alia indicating that if the show cause notice is not produced within 21 days therefrom, the application for recognition will be rejected. Immediately, the petitioner sent a reply dated 18.11.2015 stating that they have applied for issuance of No Objection Certificate but the third respondent failed to issue the same. While so, to the shock and surprise of the petitioner, the first respondent passed the impugned order dated 30.01.2016, rejecting the application of the petitioner for recognition of B.A., B.Ed., / B.Sc., B.Ed., four year integrated course for the academic year 2016-2017. It is further stated that in the impugned order, wrong provision of the Regulation has been quoted by the first respondent namely Regulation (2) of S.7 (2a) and (2b) instead of Regulation 7 (1) of The National Council for Teacher Education (Recognition, Norms and Procedure) Regulations, 2014 and this itself would vitiate the entire order. The Regulation 7 (2) (a) deals about non - payment of fee and the Regulation 7 (2) (b) deals about non - production of title deeds. But the application of the petitioner is not rejected for any of the above grounds stated in Regulation 7 (2).

4. The learned counsel for the petitioner would contend that as per the National Council for Teacher Education (Recognition, Norms and Procedure) Regulations, 2014 which was framed in exercise of the powers conferred by sub4 section (2) of S.32 of the National Council for Teacher Education Act, 1993 and in supersession of the 2009 Regulation, Regulation 7 (4) specifically contemplate that a written communication along with a copy of the application form submitted by the institution for recognition shall be sent by the first respondent to the State Government concerned as well as the affiliating body within three days from