Hon'ble A.P. Sahi, J Heard Sri S.P. Pandey, learned counsel for the petitioner.
There is a Society which has established an institution for training of BTC teachers. The provisions for granting such permission are contained in the Notification dated 31.8.2009 of the National Council for Teacher Education.
Learned counsel submits that the said provision indicates that an endowment of property/land of the Society in favour of the institution has to be made within 6 months of the date of grant of recognition. Sri Pandey submits that this is a reasonable condition and it can be complied with as soon as the formalities are completed and it is for this reason that 6 months' period has been given for that purpose.
There is yet another requirement for grant of a No Objection Certificate by the State Government. It is at this stage that the petitioner finds an offending provision in the Government Order of the State Government dated 27.6.2011 whereby before grant of a No Objection Certificate, a provision has been made that the proposed land over which the institution is to be raised, has to be transferred and entered in the revenue records in the name of the institution itself. Sri Pandey submits that this pre-condition, which has been imposed, is arbitrary and violative of Article 14 of the Constitution of India. He contends that the transfer would be meaning less if the respondent - State Government refuses to give a No Objection Certificate or if otherwise the recognition is not granted to the institution. He submits that it is for this reason, six months' time is provided in the Notification of the National Council for Teacher Education. The submission is that this imposition of additional condition is beyond the power of State Government which has only to issue a No Objection Certificate.
I have heard Sri R.A. Akhtar, learned counsel for National Counsel for Teacher Education and learned Standing Counsel for the respondent - State Government.
The inclusion of the said provision namely clause 2 (2) of the Government Order dated 27.6.2011 indicates that it seeks to secure the land over which the institution is to be established. This provision in no way contradicts or is otherwise ultra vires to the Notification dated 31.8.2009 and is a condition precedent only to ensure that the institution is established on the land which is proposed under the Scheme. The contention of learned counsel for the petitioner that it is an arbitrary condition, cannot be accepted inasmuch as even otherwise as pointed out by the learned counsel for the National Council for Teacher Education, such a condition has to be complied with and which condition is not being disputed by the petitioner. To the mind of the Court whether the condition is complied with within 6 months or at the time of grant of No Objection certificate by the State Government, can be hardly said to be an arbitrary condition being imposed as the Court does not find any violation of the fundamental rights guaranteed under Article 14 of the Constitution of India. The condition has to be complied with and if such a condition has been imposed then the same is in the interest of the establishment of the institution and cannot be termed as arbitrary.
Accordingly, I do not find any merit in the challenge raised to the alleged offending provisions of the impugned Government Order dated 27.6.2011.
Having said so, it will be open to the petitioner to complete the said formalities and thereafter approach the Authority constituted by the State Government for issuance of a No Objection Certificate and in the event the said condition is complied with, the State Government shall pass a fresh order in accordance with law within 2 months from the date of production of the documents before it.
With the aforesaid observations, the writ petition is disposed of.
Dt. 10.9.2012 Irshad