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The Kavery College Of Education vs 2 National Council For Teacher ...

Madras High Court|06 April, 2017

JUDGMENT / ORDER

With consent, this writ petition is taken up for final disposal.
2 This writ petition has been preferred seeking a writ of mandamus directing the first respondent university to forthwith consider and pass orders on the petitioner's application dated 22.06.2015 seeking grant of No Objection Certificate to enable the petitioner to submit the same before the second respondent authority for starting new courses, viz., B.A., B.Ed./B.Sc.,B.Ed. (4 years integrated course) and B.Ed. additional intake.
3 The petitioner-college, seeking to start B.A.,B.Ed./B.Sc., B.Ed. (4 years integrated course) and B.Ed. additional intake, on 22.06.2015, sought No Objection Certificate from the first respondent university for commencing the said courses and also applied online in the website of the second respondent on 30.06.2015 for commencing the said courses. The petitioner-college also submitted a hard copy of the same to the second respondent on 13.07.2015, pursuant to which, the second respondent issued a notice to the petitioner-college calling upon to show cause as to why its application should not be rejected for want of No Objection Certificate from the affiliating university. In response, the petitioner-college addressed a representation to the second respondent on 05.11.2015 stating that the post of the authority to issue No Objection Certificate in the first respondent university is vacant and hence, it is impossible to submit No Objection Certificate from the first respondent university and therefore, approval may be granted for commencing new courses without insisting upon No Objection Certificate from the affiliating university. On the same day, i.e., on 05.11.2015, the petitioner-college addressed a reminder to the first respondent, viz., the affiliating university, seeking No Objection Certificate in order to submit the same to the second respondent and followed it up with a second reminder dated 14.12.2015. When things stood thus, the second respondent, vide order dated 22.12.2015, rejected the petitioner's application on the solitary ground of non furnishing of No Objection Certificate from the first respondent. The said order passed by the second respondent was appealed by the petitioner before the Appellate Committee, which, by order dated 09.06.2016, rejected the petitioner's appeal on the very same ground as was taken by the second respondent, viz., non furnishing of No Objection Certificate from the first respondent university. Since the petitioner is unable to get approval from the second respondent sans No Objection Certificate from the first respondent, the petitioner has preferred the instant writ petition seeking the aforestated relief.
4 Considering the limited scope of the relief sought by the petitioner-college, without going into the merits of the case, this Court directs the first respondent university to consider and pass orders on the petitioner-college's application dated 22.06.2015 on its own merits and in accordance with law, within a period of three weeks from the date of receipt of a copy of this order.
With the above direction, this writ petition stands disposed of. Costs made easy.
06.04.2017 cad Note to Office: Issue order copy 07.04.2017 To 1 The Registrar Tamil Nadu Teachers Education University Gangaiamman Koil Street Karapakkam Chennai 600 097 2 The Regional Director National Council for Teacher Education Jnana Bharathi Campus Road Opp. National Law School Nagarbhavi Bangalore 560 031 PUSHPA SATHYANARAYANA.J cad W.P.No.31595 of 2016 06.04.2017 http://www.judis.nic.in
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Title

The Kavery College Of Education vs 2 National Council For Teacher ...

Court

Madras High Court

JudgmentDate
06 April, 2017