201 IN THE HIGH COURT OF PUNJAB AND HARYANAAT CHANDIGARH Date of decision: January 14, 2025 Association of NCTE approved Colleges Trust ….Petitioner versus State of Haryana and others ….Respondents CORAM: HON’BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON’BLE MR. JUSTICE SUDHIR SINGH Present:- Mr. H.S. Hooda, Advocate for the petitioner.

Dr. Satya Vir Arya, National President of petitioner-Association in person (through video-conferencing).

Mr. Naveen S. Bhardwaj, Additional AG Haryana.

Mr. Kuldeep Sheoran, Advocate, Mr. Nishant Hooda, Advocate, Mr. Tanvir, Advocate and Mr. Arun Khatri, Advocate for respondents No.3 and 6.

Mr. Prateek Mahajan, Advocate for respondent No.4.

Mr. Amit Rao, Advocate and Mr. Akshay Panghal, Advocate for Mr. Anurag Goyal, Advocate for respondent No.5.

Mr. Puneet Gupta, Advocate and Mr. Ravindra Singh, Advocate for respondent No.7.

*****

SHEEL NAGU, CHIEF JUSTICE (ORAL)

The present petition has been filed by an Association of Colleges which has been approved by the National Council for Teacher Education (for short ‘NCTE’) and has sought following reliefs:-

“Civil Writ Petition under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari, quashing the impugned letters dated 24.01.2017, 19.12.2017, 21.11.2018, 27.11.2018, 19.12.2018 & 08.01.2019, (Annexure P-4 to Annexure P-9 (respectively)), issued by respondent No.3 and may also issue writ of mandamus directing the respondents No.2 to 7 not to compel the petitioner’s-colleges to pay continuation fees, inspection fees and course extension fees annually/yearly and not to inspect colleges on annual basis as the colleges of the petitioner’s trust have their permanent affiliation and recognition by the competent authority, Northern Regional Committee, National Council for Teacher Education, Jaipur (Presently its office shifted to New Delhi), right from the date the causes were established and start functioning, for conducting the courses, as per the National Council for Teacher Education Act, 1993 and subsequently recognized by respondents No.3 to 7, the recognized the universities, who had granted the affiliation/ recognition, however on provisional/yearly basis, by way of charging, continuation fees, inspection fees and course extension fees for a particular session, these action/order/direction issued by the said respondent-universities are arbitrary being contrary to section 14, 15 & 30 of The National Council for Teacher Education Act, 1993.

AND/OR It is also further prayed that the respondents No.3 to 7 may be restrained compelling the petitioner’s-colleges for renewal/

inspection.

AND/OR It is also further prayed that the respondents No.3 to 7 may be restrained compelling the petitioner’s-colleges for renewal/inspection every year as the petitioner colleges are permanently approved by Northern Regional Committee, National Council for Teacher Education, Jaipur (Presently its office shifted to New Delhi).

AND/OR Further prayed that the operation of the impugned letters dated 24.01.2017, 19.12.2017, 21.11.2018, 27.11.2018, 19.12.2018 & 08.01.2019, (Annexure P-4 to Annexure P-9 (respectively)) be stayed during the pendency of the writ petition, in the interest of justice.

2. The grievance of the petitioner-Association primarily appears to be that the examining body i.e., respondent No.3/University is carrying out inspections more frequently than mandated by regulations.

3. It is submitted that respondent No.3 has issued various inspection notices and carried out inspections vide Annexures P-4 to P-9. It is contended by learned counsel for the petitioner that once members of the petitioner- Association are recognized by the NCTE, the examining body i.e., respondent No.3/University does not have any role to play so far as affiliation is concerned.

4. After hearing learned counsel for the rival parties, this Court is of the considered view that learned counsel for the petitioner appears to be laboring under misconception that once