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08. The National Council for Teacher Education(WRC) had granted recognition to the petitioner institute subject to certain conditions for intake capacity of 100 students vide order dated 23.08.2008. Thereafter, on 26.05.2015, a revised order was issued by the National Council for Teacher Education in terms of the new regulations and then the recognition was renewed again in the year 2022. The petitioner institution was affiliated to respondent no.3/University and the said affiliation was renewed from time to time. Regulations issued by the M.P Niji Vyavasayik Shikshan Sanstha (Pravesh Ka Viniyaman Evam Shulk Ka Nirdharan)Adhiniyma, 2007 and Regulation of fee 2008 are followed by the petitioner. The petitioner/institute has applied for grant of registration and certification under the Minority Education Institute before the Commissioner, Department of Backward Classes and Minority Welfare/ respondent no.4 on 15.02.2013, but no such certificate was issued. Thereafter, the petitioner filed an application before the National Commission for Minority Educational Institution on 25.10.2017 for obtaining the certification of Minority Status for the institution which was allowed on 26.12.2017 and the petitioner was declared as a minority educational institution covered under Section 2(G) of the National Commission For Minority Educational Institution Act, 2004(referred to as 'the Act of 2004' hereinafter). The petitioner institute vide letter dated 21.06.2022 requested respondent no.3/University to issue notification for appointment of teachers in terms of Rules given in College Code 28 for appointment of teacher for Minority Institution. Vide letter dated 20.01.2023, respondent no.3/University granted temporary affiliation for Academic Year 2022-23 with the condition that petitioner/institute shall appoint 05 faculty members within a period of three months and inform the University and in case, the aforesaid condition is not fulfilled, the affiliation of the petitioner/institution shall stand cancelled automatically. Petitioner/institution has again send a letter to the respondent no. 3 for appointment of faculty in terms of College Code 28. In response to the said letter, the respondent no.3/University issued a letter directing the petitioner to produce the 'no objection certificate' issued by M.P. Backward Classes and Minority Welfare Department. Thereafter various communications were made by the petitioner/institute on 24.03.2023, 28.03.2023 and 29.03.2023 in this regard. On 31.03.2023, respondent no.3 again directed the petitioner to submit the certificate issued by the State Government. On 10.04.2023, respondent no.3 directed the petitioner to produce the certificate issued by the State Government within seven days otherwise, temporary affiliation will be cancelled. Accordingly, this writ petition is filed. Subsequent to filing of this petition, respondent/University has cancelled the affiliation of the petitioner/institute vide letter dated 12.05.2023 which has also been challenged by the petitioner in the present petition.

4. Learned counsel further referring to the Clause 20.4 of [Guidelines, Principles and Procedure - 2018] for issuing 'No Objection Certificate' for establishment of Religious and Linguistic Minority Educational Institutions submitted that the same is deeming clause as it has specifically mentioned in the clause that there is a maximum limit of 90 days within which the application has to be decided and no objection 'no objection certificate' has to be issued. Otherwise, the provisions of Section 10(3), 10(3)(a), 10(3)(b) and 10(4) of the Act of 2004 shall be applicable. The petitioner's application has neither been allowed nor rejected, therefore it will be deemed that institution is having the 'no objection certificate' as per the provisions of Act of 2004 and as per the requirement of guidelines of 2018. Moreso, the petitioner/institute has already given admission to the students for the Academic Session 2022-23 and they have completed their 1st semester. Learned counsel further submits that the act of respondent no.3 is discriminatory in not issuing the notification for appointment of teachers in terms of College Code 28 under the garb of producing 'no objection certificate'. Denying the certificate issued by the National Commission for Minority Welfare amounts to violation of the Act of 2004 and Article 30(1) of the Constitution of India. Hence, the present petition may be allowed and the orders dated 16.03.2023, 31.03.2023, 10.04.2023 and 12.05.2023 shall be quashed and respondent no.3 be directed to issue notification for appointment of teachers in terms of College Code 28. In support of her contention, learned counsel for the petitioner has placed reliance on the judgment passed by the Apex Court in the case of Manager, Corporate Educational Agency Vs. James Mathew and Others reported in (2017) 15 SCC 595.