C/m Ganga Prasad Sewa Sansthan and Another vs State of U.P. and Others

Rajesh Dayal Khare, J.—Heard learned Counsel for the Petitioner, learned Standing Counsel appearing for the State-Respondent and Shri Neeraj Tiwari, learned Counsel appearing for Respondent Nos. 2 and 3.

Learned Counsel for the Petitioner contended that Petitioner''s institution namely, Jagannath Prasad Smarak College of Education, Village Bundhawa, Post Ghoorpur, Tehsil Bara, District Allahabad moved an application on 24.10.2008 for obtaining recognition of B.Ed. Training Courses from the National Council for Teachers Education (for short NCTE). It is contended by the learned Counsel for the Petitioner that all the norms, which were required for granting affiliation, were fulfilled by the Petitioner''s institution. It is further contended that the said recognition was granted by the NCTE on 23.12.2010. Thereafter, papers were submitted to the Respondent-University for granting affiliation. It is further contended that University vide order dated 31.7.2011 refused to send the matter to the State Government on the ground that Petitioner''s institution does not have 10,000 sq. meters of land and second objection was that the University has not received approval to the resolution. Learned Counsel for the Petitioner contended that there is no requirement under the NCTE Act for any institution to have 10,000 sq. meters of land and second objection is also hyper technical and cannot be sustained. He further contended that once recognition has been granted by the NCTE the Respondent-University is bound to consider the same and sent to the State Government for grant of affiliation Learned Counsel for the Petitioner relied upon the judgment of Hon''ble Supreme Court in State of Maharashtra Vs. Sant Dnyaneshwar Shikshan Shastra Mahavidyalaya and Others, and has referred paragraph 58, 63 and 80 in support of his contention.

Learned Counsel for the Respondent-University contended that the aforesaid judgment, which has been cited by the learned Counsel for the Petitioner, is of no help to the Petitioner and the order impugned herein does not suffer from any infirmity in law.

Learned Counsel for the Petitioner submitted that the University has not yet forwarded all necessary papers related to the Petitioner''s institution to the State Government for grant of affiliation.

As prayed by the learned Counsel for the Respondents University, three weeks'' time is granted to file counter affidavit. Learned standing counsel may also file counter affidavit within the same period. Rejoinder affidavit may be filed within one week thereafter.

List this matter after expiry of the aforesaid period.

Learned Counsel for the Petitioner contends that if affiliation is not granted by 7th of July, 2011, one academic year will again be lost, thus, in the meantime, as contended by the learned Counsel for the Respondent-University that all the necessary papers will be forwarded by the University to the State Government within ten days. The State Government shall consider the matter of granting affiliation to the Petitioner within fifteen days, thereafter, and if affiliation cannot be granted within the said period, then grant of provisional affiliation may be considered.