IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.17964 of 2005 Date of decision : 23-07-2008 Bhawani Shanker Anangpuria Charitable Trust (Regd.) & Anr. .....Petitioners State of Haryana etc. .....Respondents Civil Writ Petition No. 18620 of 2005 Ch. Partap Singh Memorial Charitable Trust (Retd.) .......Petitioner State of Haryana and others ......Respondents Civil Writ Petition No. 18659 of 2005 Shree Shanti Sagar Jain, Kanya Maha Vidyalaye Samiti .......Petitioner State of Haryana and others ......Respondents Civil Writ Petition No. 18805 of 2005 Swami Devi Dyal Hi-Tech Education Academy (Regd.) & Anr. .......Petitioner State of Haryana and others ......Respondents Civil Writ Petition No. 19517 of 2005 Rao Lal Singh Shishksha Parishad, Sidhrawali, District Gurgaon .......Petitioner State of Haryana and others ......Respondents Civil Writ Petition No.17964 of 2005 -2- Civil Writ Petition No. 18918 of 2005 Dehat Vikas Educational Society .......Petitioner State of Haryana and others ......Respondents Civil Writ Petition No. 2977 of 2007 Manohar Memorial Education Society, Fatehabad, Haryana .......Petitioner State of Haryana and others ......Respondents Civil Writ Petition No. 2697 of 2007 Joginder Singh .......Petitioner State of Punjab and others ......Respondents Civil Writ Petition No. 20696 of 2006 Smt. Tulsi Devi Educational Society (Regd.) Ambala City .......Petitioner State of Haryana and others ......Respondents CORAM : HON'BLE MS. JUSTICE NIRMALJIT KAUR Present : Mr. Hemant Sarin, Advocate Mr. Ravinder Hooda, Advocate Mr. Sumeet Malhotra, Advocate Mr. R.K. Jain, Advocate Mr. Vijay Sharma, Advocate Mr. Ashish Grover, Advocate for the petitioner(s). Civil Writ Petition No.17964 of 2005 -3- Mr. Deepak Girotra, A.A.G., Haryana Mr. Vinod S. Bhardwaj, Advocate Mr. G.P.S. Bal, Advocate for the respondent(s). NIRMALJIT KAUR, J. This order shall dispose of Nine Writ Petitions bearing C.W.P. Nos.17964 of 2005, 18620 of 2005, 18659 of 2005, 18805 of 2005, 19517 of 2005, 18918 of 2005, 2977 of 2007, 2697 of 2007 and 20696 of 2006, as the common question of law arises in all of them. The question of law is whether these institutions have a right to affiliation after grant of recognition by the National Council for Teacher Education. The facts are being taken from CWP No.17964 of 2005. As per the National Council for Teacher Education Act, 1993, every institution offering or intending to offer course of training in a Teacher Education or where recognised institution intends to start any new course, it can only do so after the recognition by the National Council for Teacher Education. The Government of Haryana has already granted N.O.C to petitioner No.2 i.e. Manav Rachna Education Society (Regd.) for starting a B.Ed. College with an intake of 100 students and petitioner No.1 i.e. Bhawani Shanker Anangpuria Charitable Trust (Regd.) with an intake of 200 students. The National Council for Teacher Education i.e. respondent No.4 had decided to dispense with the requirement of “No Objection Certificate” from State/U.T. Government for a period of three years for those institutions already running B.Ed. programmes recognised by NCTE. On 28.05.2004, the NCTE granted recognition to the petitioners for starting the B.Ed. Course. Provisional affiliation was granted to the petitioners respectively on 30.06.2004 and 05.07.2004. Subsequently, both the petitioners decided to start two years Junior Basic Teacher Course (JBT/D.Ed.) at their respective Civil Writ Petition No.17964 of 2005 -4- institutions. After inspecting both the institutions of the petitioners, respondent No.4 i.e. National Council for Teacher Education granted its recognition to B.S. Anangpuria Institute of Education and the Manav Rachna Education Society for starting J.B.T/D.Ed. Course of two years' duration w.e.f. 28.06.2005. Thereafter, the petitioners, vide separate communications requested respondent No.2 i.e. Haryana State Council of Education, Research & Training, Sohna Road, Gurgaon that affiliation be accorded for starting the JBT/D.Ed. Course, letters were also written to the Director, Secondary Education, Haryana and the reminders were also sent. Legal notices were also served upon them. Having received no response, the writ petition was filed. Vide interim order dated 22.11.2005, direction was issued to the respondents to provisionally consider the petitioners' institutes as recognised institutes duly affiliated to the Haryana State Council of Education, Research & Training so as to be included in the process of counselling. The matter was, thereafter, admitted vide order dated 16.05.2006. Meanwhile, some more Civil Writ Petition bearing Nos.9270, 9348, 9626, 9899, 9951 and 10253 of 2007 were filed by various other similarly situated institutions which were disposed of on 07.08.2007. The facts and question of law as in the present nine cases, is identical to that of the writ petitions disposed of vide order dated 07.08.2007 (bearing CWP Nos.9270, 9348, 9626, 9899, 9951 and 10253 of 2007). Learned counsel for the respondents-State has not disputed this fact. Accordingly, these writ petitions being identical to CWP No.9270 of 2007, are allowed, in the same terms and respondent No.2- Haryana State Council of Education, Research & Training is directed to Civil Writ Petition No.17964 of 2005 -5- grant affiliation to the petitioners forthwith and provisional admission granted to the students, in pursuance of the interim order shall stand regularised. No order as to costs. (NIRMALJIT KAUR) JUDGE July 23,2008 gurpreet