<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN"> <HTML> <HEAD> <META HTTP-EQUIV="CONTENT-TYPE" CONTENT="text/html; charset=utf-8"> <TITLE></TITLE> <META NAME="GENERATOR" CONTENT="OpenOffice.org 1.1.0 (Linux)"> <META NAME="CREATED" CONTENT="20050824;13083300"> <META NAME="CHANGED" CONTENT="20050831;11184500"> <STYLE> <!-- @page { size: 8.5in 11in; margin-left: 1.65in; margin-right: 0.75in; margin-top: 0.9in; margin-bottom: 0.9in } --> </STYLE> </HEAD> <BODY LANG="en-US" DIR="LTR"> <P ALIGN=CENTER STYLE="margin-bottom: 0in"><FONT COLOR="#000000"><FONT FACE="Courier, monospace"><FONT SIZE=3><B>IN THE HIGH COURT OF GUJARAT AT AHMEDABAD</B></FONT></FONT></FONT></P> <P STYLE="margin-bottom: 0in"><BR> </P> <P ALIGN=CENTER STYLE="margin-bottom: 0in"><FONT COLOR="#000000"><FONT FACE="Courier, monospace"><FONT SIZE=3><B>SPECIAL CIVIL APPLICATION No. 15598 of 2005</B></FONT></FONT></FONT></P> <P ALIGN=CENTER STYLE="margin-bottom: 0in"><FONT COLOR="#000000"><FONT FACE="Courier, monospace"><FONT SIZE=3><B>To </B></FONT></FONT></FONT> </P> <P ALIGN=CENTER STYLE="margin-bottom: 0in"><FONT COLOR="#000000"><FONT FACE="Courier, monospace"><FONT SIZE=3><B>SPECIAL CIVIL APPLICATION No. 15602 of 2005</B></FONT></FONT></FONT></P> <P ALIGN=CENTER STYLE="margin-bottom: 0in"><FONT FACE="Courier, monospace"><FONT SIZE=3>WITH</FONT></FONT></P> <P ALIGN=LEFT STYLE="margin-bottom: 0in"><FONT COLOR="#000000"><FONT FACE="Courier, monospace"><B>SPECIAL CIVIL APPLICATION No. 15599 of 2005</B><BR><BR><B>For Approval and Signature:</B> <BR><B>HONOURABLE MR.JUSTICE DN PATEL</B> <BR>=============================================================</FONT></FONT></P> <TABLE WIDTH=75% BORDER=0 CELLPADDING=2 CELLSPACING=0> <COL WIDTH=10*> <COL WIDTH=246*> <TR> <TD WIDTH=4%> <P><FONT FACE="Courier, monospace"><FONT SIZE=3>1</FONT></FONT></P> </TD> <TD WIDTH=96%> <P><FONT COLOR="#000000"><FONT FACE="Courier, monospace"><FONT SIZE=3>Whether Reporters of Local Papers may be allowed to see the judgment ?</FONT></FONT></FONT></P> </TD> </TR> </TABLE> <TABLE WIDTH=75% BORDER=0 CELLPADDING=2 CELLSPACING=0> <COL WIDTH=11*> <COL WIDTH=245*> <TR> <TD WIDTH=4%> <P><FONT FACE="Courier, monospace"><FONT SIZE=3>2</FONT></FONT></P> </TD> <TD WIDTH=96%> <P><FONT COLOR="#000000"><FONT FACE="Courier, monospace"><FONT SIZE=3>To be referred to the Reporter or not?</FONT></FONT></FONT></P> </TD> </TR> </TABLE> <TABLE WIDTH=75% BORDER=0 CELLPADDING=2 CELLSPACING=0> <COL WIDTH=10*> <COL WIDTH=246*> <TR> <TD WIDTH=4%> <P><FONT FACE="Courier, monospace"><FONT SIZE=3>3</FONT></FONT></P> </TD> <TD WIDTH=96%> <P><FONT COLOR="#000000"><FONT FACE="Courier, monospace"><FONT SIZE=3>Whether their Lordships wish to see the fair copy of the judgment ?</FONT></FONT></FONT></P> </TD> </TR> </TABLE> <TABLE WIDTH=75% BORDER=0 CELLPADDING=2 CELLSPACING=0> <COL WIDTH=10*> <COL WIDTH=246*> <TR> <TD WIDTH=4%> <P><FONT FACE="Courier, monospace"><FONT SIZE=3>4</FONT></FONT></P> </TD> <TD WIDTH=96%> <P><FONT COLOR="#000000"><FONT FACE="Courier, monospace"><FONT SIZE=3>Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ?</FONT></FONT></FONT></P> </TD> </TR> </TABLE> <TABLE WIDTH=75% BORDER=0 CELLPADDING=2 CELLSPACING=0> <COL WIDTH=10*> <COL WIDTH=246*> <TR> <TD WIDTH=4%> <P><FONT FACE="Courier, monospace"><FONT SIZE=3>5</FONT></FONT></P> </TD> <TD WIDTH=96%> <P><FONT COLOR="#000000"><FONT FACE="Courier, monospace"><FONT SIZE=3>Whether it is to be circulated to the civil judge ?</FONT></FONT></FONT></P> </TD> </TR> </TABLE> <P ALIGN=CENTER STYLE="margin-bottom: 0in; border-top: none; border-bottom: 1.10pt double #000000; border-left: none; border-right: none; padding-top: 0in; padding- bottom: 0.03in; padding-left: 0in; padding-right: 0in"> <FONT COLOR="#000000"><FONT FACE="Courier, monospace"><FONT SIZE=3><B>HASMUKHLAL MANEKCHAND SHAH &amp; MANHARLAL P SANGHVI - Petitioner(s)</B></FONT></FONT></FONT></P> <P ALIGN=CENTER STYLE="margin-bottom: 0in"><FONT FACE="Courier, monospace"><FONT SIZE=3><B>Versus</B></FONT></FONT></P> <P ALIGN=CENTER STYLE="margin-bottom: 0in; border-top: none; border-bottom: 1.10pt double #000000; border-left: none; border-right: none; padding-top: 0in; padding- bottom: 0.03in; padding-left: 0in; padding-right: 0in"> <FONT COLOR="#000000"><FONT FACE="Courier, monospace"><FONT SIZE=3><B>SAURASHTRA UNIVERSITY &amp; 2 - Respondent(s)</B></FONT></FONT></FONT></P> <P><FONT FACE="Courier, monospace"><FONT SIZE=3><B><FONT COLOR="#000000">Appearance :</FONT></B> <BR><FONT COLOR="#000000">MR MITUL K SHELAT for Petitioner No(s).: 1.</FONT><BR><FONT COLOR="#000000">MR AR THACKER for Respondent No(s).: <FONT COLOR="#000000">1.</FONT><BR>MR.PK JANI for Respondent No(s).: <FONT COLOR="#000000">2.</FONT><BR>MR. AD OZA GOVERNMENT PLEADER for Respondent No(s).: <FONT COLOR="#000000">3.</FONT><BR>========================================================== ===</FONT></FONT></FONT></P> <TABLE WIDTH=550 BORDER=0 CELLPADDING=2 CELLSPACING=0> <COL WIDTH=148> <COL WIDTH=394> <TR> <TD WIDTH=148> <P ALIGN=RIGHT><FONT FACE="Courier, monospace"><FONT SIZE=3><B><FONT COLOR="#000000">CORAM :</FONT></B> </FONT></FONT> </P> </TD> <TD WIDTH=394> <P ALIGN=LEFT><FONT COLOR="#000000"><FONT FACE="Courier, monospace"><FONT SIZE=3><B>HONOURABLE MR.JUSTICE DN PATEL</B></FONT></FONT></FONT></P> </TD> </TR> </TABLE> <P><BR><BR> </P> <P ALIGN=CENTER><FONT COLOR="#000000"><FONT FACE="Courier, monospace"><FONT SIZE=3><B>Date : 16/08/2005 </B></FONT></FONT></FONT> </P> <P ALIGN=CENTER><FONT COLOR="#000000"><FONT FACE="Courier, monospace"><FONT SIZE=3><B>ORAL JUDGMENT</B></FONT></FONT></FONT></P> <P ALIGN=LEFT><FONT COLOR="#000000"><FONT FACE="Courier, monospace"><FONT SIZE=4><B>Rule.</B></FONT></FONT></FONT></P> <OL> <LI><P ALIGN=JUSTIFY STYLE="font-weight: medium; line-height: 200%"><FONT COLOR="#000000"><FONT FACE="Courier, monospace"><FONT SIZE=4>Mr. A.R. Thacker learned advocate waives notice of Rule for the respondent No.1, Mr. P.K. Jani learned advocate waives notice of Rule for the respondent No.2 and Mr. A.D. Oza, Government Pleader waives notice of Rule for the respondent No.3. Upon their request, the matters are taken up for final hearing.</FONT></FONT></FONT></P> </OL> <P ALIGN=JUSTIFY STYLE="line-height: 200%"><BR><BR> </P> <OL START=2> <LI><P ALIGN=JUSTIFY STYLE="font-weight: medium; line-height: 200%"><FONT COLOR="#000000"><FONT FACE="Courier, monospace"><FONT SIZE=4>In the aforesaid petitions, common questions of law have been raised to the effect that what is the effect of refusal to grant SNo Objection Certificate (N.O.C.) by the State to an institution to which recognition has already been granted under Section 14(3)(a) of the National Council for Teacher Education Act, 1993 by N.C.T.E. and that the requirements as envisaged under the State Act namely Saurashtra University Act, 1965 whether can prevail upon the Central Act namely National Council for Teachers Education Act, 1993, in view of the provisions of Article 254 of the Constitution of India to be read with Entry No.66 of list-I of Schedule-VII to the Constitution with Entry No. 25 of list-III of Schedule-VII to the Constitution of India.</FONT></FONT></FONT></P> </OL> <P ALIGN=JUSTIFY STYLE="line-height: 200%"><BR><BR> </P> <OL START=3> <LI><P ALIGN=JUSTIFY STYLE="font-weight: medium; line-height: 200%"><FONT COLOR="#000000"><FONT FACE="Courier, monospace"><FONT SIZE=4>Briefly the facts leading to the aforesaid petitions are summerised as under:</FONT></FONT></FONT></P> </OL> <P ALIGN=JUSTIFY STYLE="line-height: 200%"><BR><BR> </P> <OL START=4> <P ALIGN=JUSTIFY STYLE="font-weight: medium; line-height: 200%"><FONT COLOR="#000000"><FONT FACE="Courier, monospace"><FONT SIZE=4>3.1. Petition No. 15598 of 2005 has been argued as lead matter. The petitioner Trust had applied for getting SNo Objection Certificate&quot; to the respondent State of Gujarat for establishment and administration of the Private Unaided Non-minority Professional College for imparting training in Teacher Education (Popularly known as B.Ed. Education.). Initially, the State of Gujarat had not granted SNo Objection Certificate <SPAN STYLE="text-decoration: none">and therefore, the petitioners Trust had preferred Special Civil Applications bearing Special Civil Application No. 7252 of 2005 and others. It was decided by this Court vide order dated 25.04.2005 to the effect that National Council for Teacher Education (hereinafter referred to as N.C.T.E.) shall consider the application of the petitioners under Section 14 of the National Council for Teacher Education Act, 1993 (hereinafter referred to as the Act, 1993). The National Council for Teacher Education (N.C.T.E.) has given recognition to the colleges run by the </SPAN></FONT></FONT></FONT> </P> </OL> <OL START=2> <P ALIGN=JUSTIFY STYLE="font-weight: medium; line-height: 200%; text-decoration: none"> <FONT COLOR="#000000"><FONT FACE="Courier, monospace"><FONT SIZE=4>petitioners vide their letter dated 27.06.2005 (Annexure P-4 to the memo of the petition No.15598 of 2005) with intake capacity of 100 students.</FONT></FONT></FONT></P> </OL> <P ALIGN=JUSTIFY STYLE="font-weight: medium; line-height: 200%; text-decoration: none"> <BR><BR> </P> <OL START=2> <P ALIGN=JUSTIFY STYLE="font-weight: medium; line-height: 200%; text-decoration: none"> <FONT COLOR="#000000"><FONT FACE="Courier, monospace"><FONT SIZE=4>3.2. The petitioners applied thereafter for getting affiliation to the Saurashtra University under the Saurashtra University Act, 1965 (hereinafter referred to as the Act, 1965). It is also not in dispute that the Saurashtra University has also granted &quot;No Objection Certificate to the petitioners by their letter dated 9.9.2004 (Annexure P-1). The respondent No.1 Saurashtra University has also approved the staff in the college run by the petitioner trust. Thus, it appears from the record of the case that Saurashtra University has no much objection for grant of the affiliation to the colleges run by the petitioners Trust. Even positive reports have also been sent by the University, for grant of affiliation to the State Government Under Section 34(4) of the Act, 1965.</FONT></FONT></FONT></P> </OL> <P ALIGN=JUSTIFY STYLE="font-weight: medium; line-height: 200%; text-decoration: none"> <BR><BR> </P> <OL START=2> <P ALIGN=JUSTIFY STYLE="font-weight: medium; line-height: 200%; text-decoration: none"> <FONT COLOR="#000000"><FONT FACE="Courier, monospace"><FONT SIZE=4>3.3. It appears from the record of the case that initially, the State had not granted &quot;No Objection Certificate&quot; prior to getting a recognition similarly NOC has not been granted, even after the recognition from the National Council for Teachers Education (NCTE). The State is not inclined to give &quot;No Objection Certificate&quot;. An administrative order has been passed by the Under Secretary, Education Department, State of Gujarat vide his letter dated 20.01.2005 (Annexure P-2) wherein it is stated that several teachers were unemployed and therefore, the colleges which are imparting B.Ed Education will not be given any SNo Objection Certificate. Similarly on 9.06.2005, the Deputy Secretary of Education Department of respondent State has also informed to various Universities including the respondent No.1 University (vide Annexure P-6), that the State has decided, not to grant &quot;No Objection Certificate to the new B.Ed. Colleges. Therefore, Saurashtra University passed a resolution dated 28.07.2005 (Annexure P-7) that unless the State Government gives N.O.C., the colleges imparting B.Ed. education cannot give admission to students. These annexures P-2, P-6 and P-7 are under challenge in these group of petitions.</FONT></FONT></FONT></P> </OL> <P ALIGN=JUSTIFY STYLE="font-weight: medium; line-height: 200%; text-decoration: none"> <BR><BR> </P> <OL START=4> <LI><P ALIGN=JUSTIFY STYLE="line-height: 200%; text-decoration: none"> <FONT COLOR="#000000"><FONT FACE="Courier, monospace"><FONT SIZE=4>Learned Counsel appearing for the petitioners vehemently submitted that in view of the Judicial pronouncements by the Hon'ble Supreme Court in various decisions, including those in the case of Unni Krushanan reported in (1993)1 SCC 645, T.M.A. Pai Foundation case (2002)8 SCC 481 , Islamic Academic case (2003)6 SCC 697, St. Johns Teachers Training Institute V/s. Regional Director, National Council for the Teacher Education and another (2003)3 SCC 321, a right has been crystallized in favour of the petitioners to establish and administer Private Unaided Non-minority Professional Colleges. Thus, the right has been recognised under Article 19(1)(g) of the Constitution of India. The petitioners had applied initially to get &quot;No Objection Certificate from the State for facilitating, in getting recognition, from the National Council for Teacher Education (NCTE) under the Act, 1993. The State had not granted such &quot;No Objection Certificate&quot;. The petitioners preferred writ petitions before this Court and this Court directed, by allowing the petitions, the National Council for Teacher Education to decide the applications of the petitioners for grant or refusal of the recognition under Section 14 of the Act, 1993, despite the fact that there is no &quot;No Objection Certificate&quot; from the State of Gujarat. It is also submitted by the Senior advocate Shri N.D. Nanavati for the petitioners that upon considering various factors as envisaged under the Act, 1993 and the Rules and Regulations thereunder, and guidelines framed by N.C.T.E., the National Council for Teacher Education has granted recognition, vide their letter dated 27.06.2005 with an intake capacity of 100 students and therefore, the petitioners have applied for getting affiliation with the Saurashtra University under the Saurashtra University Act, 1965. Saurashtra University has also granted &quot;No Objection Certificate&quot; as per the Annexure P-1 to the memo of this petition. Even staff has also been approved by the Saurashtra University vide Annexure P-5. The State Government has not granted &quot;No Objection Certificate&quot; and therefore, the petitioners are unable to start their colleges. It is vehemently submitted by the learned Senior advocate for the petitioners that it was absolutely shocking for the petitioners when they came to know that the Under Secretary and Deputy Secretary of the Education Department vide their letters dated 20.01.2005 and 9.06.2005, have refused N.O.C. merely because some teachers are unemployed. The &quot;No Objection Certificate&quot; has been decided not to be given by the State. The fundamental right vested in the petitioners, under Article 19 (1)(g) of the Constitution of India can neither be taken away nor can be abridged by an administrative decision and that too, by the Under Secretary of the Education Department. Even by the process of law, unreasonable restrictions can not be imposed and therefore, the decisions dated 20.01.2005 as well as 9.06.2005 taken by the Under Secretary as well as Deputy Secretary, Education Department, which are at Annxure P-2 and P-6 to the memo of the petition are patently illegal and dehorse the provisions of the Constitution of India. It is also been submitted by the Senior advocate for the petitioners that all are not getting education of B.Ed. Course for joining Government services. B.Ed. Education is not a mathematical co-relation of simply services of the Government. B.Ed. Education is educating the students how to impart the education, which the students may utilised for their own family or sometimes they may utilised this knowledge for any other purposes than doing service in the schools. Several tuition classes are there. They can get employment there also. The State of Gujarat's apprehension that several teachers are unemployed and they are abundantly available is absolutely uncalled for and unwarranted for not to allow the students, who are having volcanic desire to get education. Even they can migrate from one State to another after getting education. Therefore, unemployment in State cannot be a ground for not to allow, the youngsters to get knowledge of B.Ed. education. It has been stated in Para-2 of T.M.A. Pai's judgment, that it is merely because of unwillingness and inability of the State Government, the birth of private Educational Institutions have taken place. The right to get education specially for B.Ed. cannot be taken away under the pretext that number of teachers are abundantly available to the State. The students after getting B.Ed. education, may not preferred to be a teacher in the school. They may start their own profession or vocation like private teaching or coaching. It is also submitted by the Senior Advocate on behalf of the petitioners that in fact &quot;No Objection Certificate&quot; is required, only for facilitating N.C.T.E. in deciding the applications for getting recognition. Once it is given, the sanctity of &quot;No Objection Certificate&quot; is diluted. It is also submitted that the life of &quot;No Objection Certificate&quot; is only till getting recognition by National Council for Teachers Education under the Act, 1993. Once the recognition is given, the SNo Objection Certificate given or refused by the State Government, affects not, the petitioners institution. It is also submitted by the learned counsel appearing for the petitioner that &quot;No Objection Certificate&quot; to be given by the State can never being termed as a condition precedent, neither for recognition, nor, for the continuation of the institution for imparting B.Ed. education. It is also submitted by the petitioner that there is no such provision under the Act, 1993 neither there is any provision under any regulations much less under the National Council for Teachers Education. Regulations,2002 for withdrawal of &quot;No Objection Certificate&quot; by the State. There is nothing like a concept of withdrawal of &quot;No Objection Certificate&quot;. &quot;No Objection Certificate&quot; provides mere guidelines for grant or refusal of recognition by the National Council for Teachers Education, under Section 14 of the Act, 1993 and, therefore, it has been observed by the Hon'ble Supreme Court in a case between <B><U>St. Johns Teachers Training Institute V/s. Regional Director, National Council for the Teacher Education and another</U></B> reported in (2003)3 SCC 321 that National Council for Teachers Education can grant recognition even without &quot;No Objection Certificate&quot; from the Stat Government. &quot;No Objection Certificate&quot; mere helps the National Council for Teacher Education. Once recognition is granted, N.O.C. has either little value or no value. All powers are vested in National Council functioning under the Act, 1993, which is a Central Legislation enacted under Entry No. 66 of list I-Union list under seventh Schedule to the Constitution of India. The said Central Legislation shall prevail under Article 254 of the Constitution of India upon the Act, 1965 enacted either under old entry No. 11 of list II-State list or under new entry, Entry No. 25 of list-III the Concurrent list under seventh Schedule to the Constitution of India. If any of the provisions of the Act, 1965 are repugnant to the Act, 1993 to that extent, in view of the provisions of Article 254 of the Constitution of India, the provisions of the Act, 1965 shall be deemed to be void. The learned counsel appearing for the petitioner has relied upon the following decisions.</FONT></FONT></FONT></P> </OL> <OL START=0> <P ALIGN=JUSTIFY STYLE="line-height: 200%; text-decoration: none"><FONT COLOR="#000000"><FONT FACE="Courier, monospace"><FONT SIZE=4>(i) (2003)3 SCC 321</FONT></FONT></FONT></P> <P ALIGN=JUSTIFY STYLE="line-height: 200%; text-decoration: none"><FONT COLOR="#000000"><FONT FACE="Courier, monospace"><FONT SIZE=4>(ii) (2000)5 SCC 231</FONT></FONT></FONT></P> <P ALIGN=JUSTIFY STYLE="line-height: 200%; text-decoration: none"><FONT COLOR="#000000"><FONT FACE="Courier, monospace"><FONT SIZE=4>(iii) (1996)3 SCC 37 </FONT></FONT></FONT> </P> <P ALIGN=JUSTIFY STYLE="line-height: 200%; text-decoration: none"></P> <P ALIGN=JUSTIFY STYLE="line-height: 200%; text-decoration: none"><FONT COLOR="#000000"><FONT FACE="Courier, monospace"><FONT SIZE=4>It is submitted by the Senior Advocate appearing for the petitioner that, respondent No.1 University has also given N.O.C. As per Section 14(6) of the Act, 1993, the affiliation has to be given to the Colleges run by the petitioners Trust. The so called requirement of N.O.C. by the State, after recognition is given, is violative of Central legislation viz. the National Council for Teacher Education Act, 1993 and therefore, letter dated 20.01.2005 (Annexure P-2), letter dated 9.06.2005 (Annexure P-6) and resolution of the University dated 28.07.2005 (Annexure P-7) deserves to be quashed and set aside.</FONT></FONT></FONT></P> </OL> <P ALIGN=JUSTIFY STYLE="line-height: 200%; text-decoration: none"><BR><BR> </P> <OL START=5> <LI><P ALIGN=JUSTIFY STYLE="font-weight: medium; line-height: 200%; text-decoration: none"> <FONT COLOR="#000000"><FONT FACE="Courier, monospace"><FONT SIZE=4>I have heard the learned counsel appearing for the State, who has submitted that the State has all the powers, jurisdiction and authority to grant &quot;No Objection Certificate&quot; and to withdraw the same. It is submitted that the State has decided, as, there are number of teachers available in the State for the academic year 2005-2006, the &quot;No Objection Certificate&quot; is not to be given for B.Ed. colleges. Number of teachers are more than, what is required in the State of Gujarat and if the petitioner starts some other institutions, they will be very useful to the State of Gujarat. This is what has observed in the letter written by the Under Secretary, Education Department dated 20.01.2005 (Annexure-P-2). Similarly, the letter written by the Deputy Secretary, Education Department dated 9.06.2005 is nothing but a reiteration of the earlier letter. &quot;No Objection Certificate&quot; of the State is a very vital document, unless and until, there is a &quot;No Objection Certificate&quot;, the petitioner Trust can not run the college imparting B.Ed. education. State has taken a major-policy decision not to grant N.O.C. It is also submitted by the learned counsel on behalf of the State that the refusal of the &quot;No Objection Certificate&quot; is based upon the guidelines issued by the National Council for Teachers Education. The State has acted as per the guidelines issued by the National Council for Teachers Education. The learned counsel for the State has also read over the guidelines.</FONT></FONT></FONT></P> </OL> <P ALIGN=JUSTIFY STYLE="margin-left: 0.49in; font-weight: medium; line-height: 200%; text-decoration: none"> <FONT COLOR="#000000"><FONT FACE="Courier, monospace"><FONT SIZE=4>In view of the aforesaid submissions, it is pointed out that looking to the provisions of the Act, 1993 and the National Council for Teacher Education Regulations, 2002, the decision taken by the Government is binding upon the petitioner and the petitioner Trust cannot run college imparting B.Ed. education. Nonetheless, it is submitted by the learned counsel appearing for the State that the State has not received any submissions from the respondent No.1 University for affiliation under sub-section 4 of Section 34 of the Saurashtra University, Act, 1965 and therefore, the petition is premature and deserves to be dismissed.</FONT></FONT></FONT></P> <P ALIGN=JUSTIFY STYLE="margin-left: 0.49in; line-height: 200%"><BR><BR> </P> <OL START=6> <LI><P ALIGN=JUSTIFY STYLE="font-weight: medium; line-height: 200%; text-decoration: none"> <FONT COLOR="#000000"><FONT FACE="Courier, monospace"><FONT SIZE=4>I have heard the learned counsel appearing for the respondent No.1 Saurashtra University, who has submitted that Saurashtra University has already issued &quot;No Objection Certificate&quot; on 9.9.2004 which is at Annexure P-1 to the memo of the petition. The Saurashtra University has no much objection for affiliation if the National Council for Teachers Education is giving recognition. The Saurashtra University has, also approved the Staff for the college. The Saurashtra University has also submitted report to the State Government as envisaged under sub-section(4) of the Section 34 of Saurashtra University Act, 1965 on 26<SUP>th</SUP> February, 2005, indicating that University recomands affiliation, but, the Saurashtra University has received letters from the State of Gujarat that &quot;No Objection Certificate&quot; is not to be given to the B.Ed. colleges and therefore, the Saurashtra University has passed a resolution, which is at Annexure P-7, not to allow the petitioner Trust to admit the students in B.Ed. faculty.</FONT></FONT></FONT></P> </OL> <P ALIGN=JUSTIFY STYLE="line-height: 200%"><BR><BR> </P> <OL START=7> <LI><P ALIGN=JUSTIFY STYLE="font-weight: medium; line-height: 200%; text-decoration: none"> <FONT COLOR="#000000"><FONT FACE="Courier, monospace"><FONT SIZE=4>Mr. P.K. Jani learned advocate appearing for the respondent No.2 submitted that N.C.T.E. is a final apex body working under N.C.T.E. Act, 1993 for grant of recognition to the institutions imparting courses of training in teacher education. Once N.C.T.E. grants recognition under Section 14 of the Act, 1993, the refusal or withdrawal of SNo Objection Certificate under the Regulations, 2002, never affects the operation, implementation, effect or enforceability of the recognition. It is vehemently submitted by the learned advocate Mr. P.K. Jani that N.C.T.E. has got all powers for withdrawal of the recognition under Section 17 of the Act, 1993. If anybody is drawing the attention of the N.C.T.E. as to the violations of the provisions of the Act, 1993 or Rules made thereunder, with necessary evidences, N.C.T.E. has all powers to initiate actions against the institutions to which the recognition has been granted. But so long as the recognition is not withdrawn, it remains operative and all the consequential effects ought to be given as referred to in Section 14 of the Act, 1993, especially for grant of affiliation. There cannot be State Legislation or the State cannot issue Rules or frame policy against the provisions of the N.C.T.E. Act, 1993, which is a Central Act.</FONT></FONT></FONT></P> </OL> <P ALIGN=JUSTIFY STYLE="line-height: 200%"><BR><BR> </P> <OL START=8> <LI><P ALIGN=JUSTIFY STYLE="font-weight: medium; line-height: 200%; text-decoration: none"> <FONT COLOR="#000000"><FONT FACE="Courier, monospace"><FONT SIZE=4>Looking to the aforesaid submissions of the counsels for both the sides and looking to the facts and circumstances of the case and the documents on record and the Judicial Pronouncements by the Hon'ble Supreme Court, the letters which are issued by the State Government dated 20.01.2005 (Annexure P-2) and dated 19.06.2005 (Annexure P-6) and consequently the decision taken by the University dated 28.07.2005 (Annexure P-7) will not affect the petitioner for getting affiliation with respondent No.1 University in view of the following facts and reasons.</FONT></FONT></FONT></P> </OL> <OL START=6> <P ALIGN=JUSTIFY STYLE="font-weight: medium; line-height: 200%; text-decoration: none"> </P> <P ALIGN=JUSTIFY STYLE="font-weight: medium; line-height: 200%; text-decoration: none"> <FONT COLOR="#000000"><FONT FACE="Courier, monospace"><FONT SIZE=4>I. As per Section 14 of the National Council for Teachers Education Act, 1993 to be read with Regulation 6 of the National Council for Teacher Education Regulations, 2002, once the recognition is given by the National Council for Teachers Education, as envisaged under the Act, &quot;No Objection Certificate&quot;, which is referred to in a Regulation 6 of the Regulations, 2002 is of no consequence at all. The Act, 1993 has been enacted under the Entry No. 66 of the list-I, Union list, under Schedule VII to the Constitution of India. Section 14 of the Act, 1993 empowers the National Council for Teachers Education to give recognition to institutions. Section 14 thereof reads as under:- </FONT></FONT></FONT> </P> <P ALIGN=JUSTIFY STYLE="margin-right: 0.6in; line-height: 100%; text-decoration: none"> <FONT COLOR="#000000">S<FONT SIZE=4><FONT FACE="Courier, monospace"><B>14.</B> <B>Recognition of institutions offering course or training in teacher education.</B></FONT></FONT></FONT></P> <P ALIGN=JUSTIFY STYLE="margin-right: 0.6in; font-weight: medium; line-height: 100%; text-decoration: none"> <FONT COLOR="#000000"><FONT FACE="Courier, monospace"><FONT SIZE=4>(1) Every institution offering or intending to offer a course or training in teacher education on or after the appointed day may, for grant of recognition under this Act, make an application to the Regional Committee concerned in such form and in such manner as may be determined by regulations:</FONT></FONT></FONT></P> <P ALIGN=JUSTIFY STYLE="margin-right: 0.6in; line-height: 100%; text-decoration: none"> <FONT COLOR="#000000"><FONT FACE="Courier, monospace"><FONT SIZE=4>Provided that an institution offering a course or training in teacher education immediately before the appointed day, shall be entitled to continue such course or training for a period of six months, if it has made an application for recognition within the said period and until the disposal of the application by the Regional Committee.</FONT></FONT></FONT></P> <P ALIGN=JUSTIFY STYLE="margin-right: 0.6in; font-weight: medium; line-height: 100%; text-decoration: none"> <FONT COLOR="#000000"><FONT FACE="Courier, monospace"><FONT SIZE=4>(2) The fee to be aid along with the application under sub-section (1) shall be such as may be prescribed.</FONT></FONT></FONT></P> <P ALIGN=JUSTIFY STYLE="margin-right: 0.6in; font-weight: medium; line-height: 100%; text-decoration: none"> <FONT COLOR="#000000"><FONT FACE="Courier, monospace"><FONT SIZE=4>(3) On receipt of an application by the Regional Committee from any institution under sub-section (1), and after obtaining from the institution concerned such other particulars as it may consider necessary, it shall,-</FONT></FONT></FONT></P> <P ALIGN=JUSTIFY STYLE="margin-right: 0.6in; font-weight: medium; line-height: 100%; text-decoration: none"> <FONT COLOR="#000000"><FONT FACE="Courier, monospace"><FONT SIZE=4>(a) If it is satisfied that such institution has adequate financial resources, accommodation, library, qualified staff, laboratory and that it fulfills such other conditions required for proper functioning of the institution for a course or training in teacher education, as may be determined by regulations, <U>pass an order granting recognition to such</U> institution, subject to such conditions as may be determined by regulations; or</FONT></FONT></FONT></P> <P ALIGN=JUSTIFY STYLE="margin-right: 0.6in; font-weight: medium; line-height: 100%; text-decoration: none"> <FONT COLOR="#000000"><FONT FACE="Courier, monospace"><FONT SIZE=4>(b) if it is of the