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
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