IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 7TH AUGUST 2008 / 16TH SRAVANA 1930 WP(C).No. 22995 of 2008(K) ------------------------------------- PETITIONER: ------------------- S.N. EDUCATIONAL INSTITUTIONS OF S.N.D.P BRANCH NO. 856, (SREE NARAYANA TEACHER TRAINING INSTITUTE) OKKAL - 683 550, ERNAKULAM REPRESENTED BY ITS MANAGER. BY ADV. SRI.JOHNSON ABRAHAM SRI.S.GOPINATHAN SRI.NELSON ABRAHAM RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE DIRECTOR, SCERT, THIRUVANANTHAPURAM. 4. THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM. BY GOVERNMENT PLEADER SRI. I.V. PREMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J ================== W.P(C)No.22995 of 2008 ================== Dated this the 7th day of August, 2008. J U D G M E N T The petitioner's grievance in this writ petition is that although they obtained recognition for their Teachers Training Institute from the National Counsel for Teacher Education. Government is not approving the same and allotting students in the Government quota from the rank list prepared by the Deputy Director of Education for admission to Teachers Training Course. The stand now taken by the Government is that the application filed by the petitioner for approval of their institute has been rejected on the ground that they did not obtain No Objection Certificate from the Government before approaching the NCTE for recognition. The learned Government Pleader submits that their institute cannot be approved now and allotment cannot be made for the Government quota from the rank list prepared by the Deputy Director. 2. I have heard the learned Counsel for the petitioner as well as the learned Government Pleader. 3. On the basis of the Supreme Court decision in State of W.P(C)No.22995 of 2008 - 2 - Maharashtra v. Sant Dnyaneshwar Shikshan Shastra Mahavidyalaya and Others reported in 2006 (9) SCC page 1 this Court had in several writ petitions held that once NCTE grants recognition for the institute, the requirement of NOC from the Government has no relevance and the approval has to be granted by the Government based on the recommendation granted by the NCTE. 4. In the above circumstances, I am satisfied that the petitioners are entitled to the reliefs prayed for in this writ petition. Accordingly, I direct the respondents to grant approval to the petitioner's institute pursuant to the recognition granted by the NCTE to commence TTC course during this Academic year itself. Consequently, the concerned Deputy Director shall allot student in the Government quota for admission to the petitioner's institute this year itself in accordance with options submitted by students. Allotment of student shall be made while allotting students for similarly placed institutes. The writ petition is disposed of as above. S.SIRI JAGAN, JUDGE rhs