IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 19TH JULY 2010 / 28TH ASHADHA 1932 WP(C).NO. 23042 OF 2009(A) -------------------------- PETITIONER(S): --------------- THE MANAGER,ST.JOSEPH'S TEACHER TRAINING INSTITUTE, PAVARATTY, CHAVAKKAD, THRISSUR. BY ADV. SRI.KURIAN GEORGE KANNANTHANAM, - SENIOR ADVOCATE SRI.THOMAS GEORGE RESPONDENT(S): --------------- STATE OF KERALA, REP.BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT.SMITHA SUKUMARAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).NO. 23042 OF 2009 :: :: APPENDIX PETITIONERS' EXHIBITS: EXT.P1: TRUE COPY OF THE COMMUNICATION DATED 15.10.2007 OF THE NCTE, SOUTHERN REGIONAL COMMITTEE. EXT.P2: TRUE COPY OF THE COMMUNICATION DATED 14.3.2008 OF THE SOUTHERN REGIONAL COMMITTEE OF NCTE. EXT.P3: TRUE COPY OF THE COMMUNICATION DATED 24.9.2008 OF THE SOUTHERN REGIONAL COMMITTEE OF NCTE. EXT.P4: TRUE COPY OF THE ORDER DATED 20.10.2008 SOUTHERN REGIONAL COMMITTEE. EXT.P5: TRUE COPY OF THE LETTER DATED 28.10.2008 OF THE PETITIONER TO THE GOVERNMENT. EXT.P6: TRUE COPY OF THE LETTER DATED 7.11.2008 ISSUED BY THE GOVERNMENT. EXT.P7: TRUE COPY OF THE LETTER DATED 19.5.2009 REQUESTING PERMISSION SENT BY THEPETITIONER TO THE GOVERNMENT. EXT.P8: TRUE COPY OF THE COMMUNICATION DATED 28.05.2009 RECEIVED BY THE PETITIONER FROM THE GOVERNMENT. RESPONDENTS' EXHIBITS: EXT.R1(A): TRUE COPY OF THE LETTER DATED 22.01.07 SENT BY THE PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT TO THE NCTE. EXT.R1(B): TRUE COPY OF THE LETTER DATED 08.08.07 SENT BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT TO THE NCTE. EXT.R1(C): TRUE COPY OF THE LETTER DATED 20.04.09 SENT BY NCTE TO THE SECRETARY TO GOVERNMENT, EDUCATION DEPARTMENT. EXT.R1(D): TRUE COPY OF THE LETTER DATED 07.05.09 SENT BY NCTE TO THE SECRETARY TO GOVERNMENT, EDUCATION DEPARTMENT. //true copy// P.S. To Judge SK/- THOTTATHIL B.RADHAKRISHNAN & S.S.SATHEESACHANDRAN, JJ. --------------------------------------- W.P.(C).No.23042 of 2009 --------------------------------------- Dated this the 19th day of July, 2010 JUDGMEMT THOTTATHIL B.RADHAKRISHNAN, J. The issue involved in these cases, going by the reference order, is the responsibility of the State Government, which is the examining body in relation to Teacher Education Institutions, to grant affiliation to the institutions, for which recognition has been granted by the National council for Teacher Education {for short “NCTE'} under Section 14 of the National council for Teacher Education Act, 1993. That issue is no more res integra, as noted by the Division Bench of this Court in a bunch of matters, W.A.No.139/06 and W.P.(C).No.23042 of 2009 :: 2 :: connected matters (judgment dated 25.9.2009). It was specifically noted that the issue is covered by the decision of the Apex Court in State of Maharashtra v. Sant Dnyaneshwar Shikshan Shastra Mahavidyalaya and others {[2006] 9 SCC 1} followed by the Full Bench of this Court in Vikram Sarabhai Education Trust & B.Ed. College v. University of Calicut {2008 (2) KLT 1027}. It is also noted by the Division Bench, in the aforesaid decision, that the Regulation issued by National council for Teacher Education dispensing with the requirement of No Objection Certificate (NOC) from State/UT Government for those institutions running B.Ed programmes recognised by NCTE is admittedly in force. 2. Having regard to the contents of Ext.P4 by which the NCTE has granted recognition to the petitioners' institution in terms of sub-section (6) of Section 14 of the W.P.(C).No.23042 of 2009 :: 3 :: NCTE Act, the Government of Kerala, which is the examining body is duty bound under that central legislation to grant affiliation to the petitioner's institution. We, accordingly, direct that such affiliation/recognition shall be granted and orders issued within a period of three weeks from the date of receipt of a copy of this judgment. Sd/- (THOTTATHIL B.RADHAKRISHNAN) JUDGE Sd/- (S.S.SATHEESACHANDRAN) JUDGE sk/ //true copy// P.S. to Judge.