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17. Sub-section (6) of section 14 no doubt mandates every examining body to grant affiliation to the institution on receipt of the order of NCTE granting recognition to such institution. This only means that recognition is a condition precedent for affiliation and that the examining body does not have any discretion to refuse affiliation with reference to any of the factors which have been considered by the NCTE while granting recognition. For example, NCTE is required to satisfy itself about the adequate financial resources, accommodation, library, qualified staff, and laboratory required for proper functioning of an institution for a course or training in teacher education. Therefore, when recognition is granted by NCTE, it is implied that NCTE has satisfied itself on those aspects. Consequently, the examining body may not refuse affiliation on the ground that the institution does not have adequate financial resources, accommodation, library, qualified staff, or laboratory required for proper functioning of the institution. But this does not mean that the examining body cannot require compliance with its own requirements in regard to eligibility of candidates for admissions to courses or manner of admission of students or other areas falling within the sphere of the State government and/or the examining body. Even the order of recognition dated 17.7.2000 issued by NCTE specifically contemplates the need for the institution to comply with and fulfil the requirement of the affiliating body and state government, in addition to the conditions of NCTE. We extract below conditions 4, 5 & 6 of the order of recognition issued by NCTE in this behalf :
(44) Sub-section (6) of Section 14 no doubt mandates every examining body to grant affiliation to the institution on receipt of the order of NCTE granting recognition to such institution. This only means that recognition is a condition precedent for affiliation and that the examining body does not have any discretion to refuse affiliation with reference to any of the factors which have been considered by the NCTE while granting recognition.
(45) NCTE is required to satisfy itself about the adequate financial resources, accommodation, library, qualified staff, and laboratory required for proper functioning of an institution for a course or training in teacher education. Therefore, when recognition is granted by NCTE, it is implied that NCTE has satisfied itself on those aspects. Consequently, the examining body may not refuse affiliation on the ground that the institution does not have adequate financial resources accommodation, library, qualified staff, or laboratory required for proper functioning of the institution.
(46) The examining body can examine in regard to requirement of eligibility of candidates for admissions to course or manner of admission of students or other areas falling within the sphere of the State Government and/or the examining body.
(47) In the case, in hand, the NCTE and RCI have granted recognition/ approval to the institution of the petitioners after satisfying the requirement of adequate financial resources accommodation, library, qualified staff, or laboratory. Thereafter, the examining body i.e. the University was entrusted no power to examine the correctness in regard to above-referred ingredients required for grant of recognition. The examining body, after inspection of the institution of the petitioners, has proceeded to refuse to grant affiliation on the short-comings of infrastructure i.e. sufficient adequate financial resources accommodation, library, qualified staff, or laboratory.
(49) Here, in the present case, the refusal of affiliation is not on the ground that the students who have applied for grant of admission, are having no requisite qualification for grant of admission. The refusal to grant affiliation is that the institution of the petitioner does not have sufficient adequate financial resources accommodation, library, qualified staff, or laboratory and is running different other courses on the same land. In case the University found certain inefficiency in regard to non-fulfillment of required land or staffs, then it should have been informed to the NCTE and RCI for taking necessary action for withdrawal of the recognition granted by the University.