IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 9TH JUNE 2010 / 19TH JYAISTHA 1932 WP(C).No. 8029 of 2010(C) ------------------------------- PETITIONER(S): --------------- AUZILLIUM COLLEGE OF EDUCATION, KIDANGOOR.P.O, ANGAMALY, PIN - 683 591, ERNAKULAM DISTRICT, REPRESENTED BY ITS MANAGER SR. MOLLY JOSEPH. BY ADV. MR.C.K.PAVITHRAN MR.M.VIVEK RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE MAHATHMA GANDHI UNIVERSITY, REPRESENTED BY ITS MANAGER, KOTTAYAM - 686 560. ADV. MR. T.A. SHAJI, SC, M.G.UNIVERSITY FOR R2 MR. M.A. ASIF – GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 8029 of 2010 PETITIONER'S EXHIBITS EXT.P1: COPY OF LETTER NO.SRO/NCTE.07-08/11449 DTD 18.9.07 ISSUED BY THE REGIONAL DIRECTOR NCTE. EXT.P2: COPY OF CERTIFICATE NO.AC A1/1/952/08 DTD 13.11.2008 ISSUED BY M.G. UNIVERSITY. EXT.P3: COPY OF LETTER DTD 27.11.2008 SUBMITTED BEFORE R1. EXT.P4; COPY OF LETTER NO.21969/83/08/H.EDN DTD 30.12.08. EXT.P5: COPY OF ORDER NO.F.SRO/NCTE/B.ED/09-10/15284 DTD 25.8.09 ISSUED BY THE NCTE. EXT.P6: COPY OF LETTER DTD 24.9.09 ADDRESSED TO THE GOVERNMENT. EXT.P7: COPY OF LETTER NO.40090/83/09/HEDN DTD 16.1.2010. EXT.P8: COPY OF JUDGMENT DTD 8.8.07 IN W.P.(C)NO.22758/07. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.8029 OF 2010 ------------------------------- Dated this the 9th day of JUNE, 2010 J U D G M E N T The petitioner obtained recognition from the National Council of Teacher Education for starting a B.Ed training course in their educational institution, which is produced as Ext.P5 in this writ petition. Thereafter, the petitioner approached the Government and the University for No Objection Certificate to start the course. The same has been rejected by the Government by Ext.P7. The petitioner is challenging the same seeking the following relief: “(i)Issue a writ or certiorari or any other appropriate writ, direction or order calling for the records leading to Ext.P1 to P7 and quash Ext.P7 and direct the 1st respondent to issue N.O.C to the petitioner institute for starting B.Ed course during the academic year 2010-2011”. The petitioner relies on the decision of the Supreme Court in State of Maharashtra V. Sant Dnyaneshwar Shikshan Shastra Mahavidyalaya and others [2006(9) SCC 1] in support of their contention that once the central authority W.P.(c)No.8029/10 2 grants recognition for the course, the Government or the University cannot refuse permission to start the course. 2. I have heard the learned Standing Counsel for the University as well as the learned Government Pleader. 3. In view of the above said Supreme Court decision, it is now settled law that once the central authority gives recognition for the course, the Government and the University cannot deny approval or affiliation for such course. In the above circumstances, Ext.P7 is quashed. There would be a direction to the respondents to permit the petitioner to start the course this year itself, by giving all necessary permissions, affiliation etc, whichever is applicable. Anticipating the same, the petitioner is free to make admissions to the course and start classes. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE acd W.P.(c)No.8029/10 3 W.P.(c)No.8029/10 4