The petitioner is aggrieved against the orders passed by the first & second respondents rejecting the request of the petitioner for grant of recognition to offer M.P.Ed., course of two years duration for the academic year 2017-2018, on the ground that the petitioner was not possessing the No Objection Certificate from the affiliating body viz., the fourth respondent, even though such No Objection Certificate was obtained from the State Government viz., the third respondent.
2. Heard the learned counsel appearing for the petitioner, the learned standing counsel appearing for the first and second respondents, the learned Special Government Pleader appearing for the third respondent and the learned standing counsel appearing for the fourth respondent.
3. Perusal of the impugned order would show that the petitioner request was rejected in pursuant to the 335th meeting held on 11th to 12th April, 2017, only on the reason that the No Objection Certificate from the affiliating body viz., the fourth respondent was not obtained from the petitioner.
4. The learned counsel appearing for the fourth respondent as well as the learned counsel appearing for the petitioner submitted that during the pendency of the appeal before the first respondent, the petitioner obtained the No Objection Certificate from the fourth respondent, the affiliating body also and therefore, without considering that aspect, the appeal preferred by the petitioner as against the order passed by the second respondent was rejected. In other words, the grievance of the petitioner is that even though the petitioner is in possession of the No Objection Certificate issued by both the State Government and the affiliating body, the first respondent failed to consider the same and consequently passed the erroneous order.
5. It is seen that the petitioner in pursuant to the order passed by the first respondent has sent a communication on 22.08.2017 informing that they have obtained the No Objection Certificate from the affiliating body apart from obtaining the same from the Government. If the petitioner has obtained the No Objection Certificate from the State Government and the affiliating body as well, I do not think that there will be any difficulty to the second respondent to re-consider the issue once again based on the said No Objection Certificate given by the affiliating body, since such was the only reason stated to reject the request of the petitioner.
6. Accordingly, the writ petition is allowed and the impugned orders are set aside. Consequently, the matter is remitted back to the second respondent for passing fresh order, after considering the No Objection Certificate issued by the affiliating body as well. Such exercise shall be done by the second respondent within a period of two weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.
14.09.2017 Speaking/Non-speaking order Index : Yes/No mk Note: Issue order copy on 18.09.2017 To
1. National Council for Teacher Education Rep. by its Member Secretary Wing-II, Hans Bhavan, No.1, Bahadurshah Zafar Marg, New Delhi - 110 002.
2. The Regional Director Southern Regional Committee National Council for Teacher Education Jnana Barathi Campus Road, Opp. to National Law School Nagarabhavi, Bangalore - 560 072.
K.RAVICHANDRABAABU,J.
mk
3. The Government of Tamil Nadu Rep. by its Secretary Youth Welfare and Sports Development Department Secretariat, Chennai-9.
4. The Registrar Tamil Nadu Physical Education and Sports University Melakottaiyur Post Chennai-127.
W.P.No.23935 of 2017 14.09.2017