C/M Swami Vivekanand Smarak ... vs State Of U.P. And 4 Others
2016 Latest Caselaw 3372 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 2
 

 
Case :- WRIT - C No. - 27774 of 2016
 

 
Petitioner :- C/M Swami Vivekanand Smarak Mahavidyalaya And Another
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Akhilesh Kumar Singh,Radha Kant Ojha
 
Counsel for Respondent :- C.S.C.,Brajesh Datta Pandey,Rijwan Ali Akhtar
 

 
Hon'ble Pankaj Mithal,J.

The institution Swami Vivekanand Smarak Mahavidyalaya, Gorakhpur has been granted permanent recognition by the National Council for Teachers Education (in short NCTE) vide letter dated 31st May 2015 for imparting education in B.Ed two years course w.e.f., academic Session 2015-16 with the total intake of 50 students per year.

In pursuance to the said recognition, as it was granted at the end of the academic session 2015-16, the University could not sent the names of selected candidates for admission to the institution. However, in respect to the session 2016-18 the University by the order dated 22.5.2016 has refused to grant affiliation to the institution for imparting education in B.Ed for one of the reasons that the institution has not produced No Objection Certificate from the State Government.

The submission of Sri Radha Kant Ojha, Senior counsel appearing for the petitioners is that there is no requirement of producing any NOC from the State Government and there is deemed approval to the said course of the institution from the State Government in view of the letter of the Regional Director dated 6th May 2015 and the Resolution of Northern Region Committee, NCTE dated 19th May 2016 wherein it has been stated that in the matter of recognition of the petitioners institution no further action is required to be taken. 

Learned Standing counsel appearing for respondent no. 1, Sri B.D. Pandey for respondents no. 2 and 3, Sri Rizwan Ali Akhtar for respondent no. 4 and Sri Ramjit Tiwari on behalf of Sri Saumitra Singh for respondent no.6 are directed to file counter affidavit within six weeks. Two weeks thereafter are allowed to the petitioners to file rejoinder affidavit.

List for admission/final disposal on the expiry of the above period.

In the meantime, respondents no. 2, 3 and 4 are directed to recommend the names of selected students after counselling for admission to the B.Ed., at the institution for the session 2016-18. 

The aforesaid admission of the students would be subject to the decision of the writ petition.

In the event, the petitioners looses in the writ petition, they would compensate all the students.

Order Date :- 3.6.2016

SKS