Shree Gram Sarvajanik Education Trust vs State Of Gujarat on 16 March, 2005
In view of aforesaid facts and circumstances of the cases on hands and law laid down by the Hon'ble Supreme Court referred to above as well as sub-regulation (iv) of Regulation (6), apprehension on the part of the petitioners that considering the decision / endorsement of the State Government not to grant NOC for starting new B.Ed. / PTC colleges, NCTE will reject their applications straightaway, is not well founded and as such, there is no substance in it. As held by the Hon'ble Supreme Court in ST. JOHNS TEACHERS TRAINING INSTITUTE v. REGIONAL DIRECTOR, NATIONAL COUNCIL FOR TEACHER EDUCATION AND ANR., (Supra) as well as in view of amended Regulations of 2003, more particularly, sub-regulation (iv) of Regulation (6), NOC of the State Government in regard to issuance of NOC is required to be considered by the Regional Committee while taking decision on the application for recognition. Thus, it is ultimately for the NCTE / Regional Committee to take an appropriate decision on the application for grant of recognition and grant and / or refusal of NOC by the State Government is not conclusive or binding and the views expressed by the State Government will be considered by the Regional Committee while taking decision on the application for grant of recognition. Even otherwise, as stated above, the respective petitioners would be having reasonable opportunity for making written representation before the Regional Committee and as envisaged under Section 14 of the Act, before passing any order under sub-clause (b), the Regional Committee is required to provide reasonable opportunity to the concerned institution for making written representation. Thus, while disposing of the present special civil applications of this group, the Regional Committee of NCTE is directed to take appropriate decision in accordance with law and on merits considering sub-regulation (iv) of Regulation (6) on the applications for grant of recognition submitted by the respective petitioners and it is held that grant and / or refusal of NOC by the State Government is not conclusive or binding and views expressed by the State Government which are stated while rejecting the application of the respective petitioners for NOC and / or while not granting NOC will be considered by the Regional Committee while taking decision on the applications for recognition submitted by the respective petitioners.