Good Shepherd College of Education vs The Manonmaniam Sundaranar University, The Regional Director, Southern Regional Committee National Council for Teacher Education and The State of Tamil Nadu

N. Paul Vasanthakumar, J.—The prayer in this writ petition is to quash the order of the first respondent dated 25.1.2005 and direct the first

respondent to grant affiliation to the petitioner institution after conducting necessary inspection without insisting NOC or prior permission from the

third respondent.

The learned Counsel for the petitioner submits that the impugned order was passed by the first respondent on 25.1.2005, wherein the

application submitted by the petitioner institution for grant of affiliation was rejected on the ground that no recognition order was passed by the

National Council for Teacher Education(NCTE). The learned Counsel for the petitioner further submits that on 21.11.2005, the NCTE has

granted recognition for the petitioner college for one year 2005-2006 in its meeting held on 9.11.2005 and the order of recognition dated

21.11.2005 is available in the typed set of papers. Learned counsel for the petitioner also filed an affidavit stating that an application dated

27.10.2005 has been filed praying for affiliation for the year 2006-2007 and according to the learned Counsel for the petitioner all the required

materials are also furnished in the said application dated 27.10.2005.

Learned counsel for the first respondent University submitted that the impugned order was passed rejecting the affiliation on the ground that

recognition was not granted by the NCTE and now since, the recognition was granted by the NCTE, the University is willing to consider the

application dated 27.10.2005 praying for affiliation on merits.

The learned Counsel for the petitioner produced a judgment of a Division Bench of this Court in Bharathidasan University and Others Vs.

Dhanalakshmi Srinivasan, Educational and Charitable Trust and Others, , wherein this Court held that the University is bound to consider the

request for affiliation without reference to the grant of NOC or prior permission by the State Government. The said position is not disputed by the

learned Counsel for the University.

In view of the said settled position, the first respondent University is directed to consider the application submitted by the petitioner on

27.10.2005 without insisting for the production of NOC or prior permission from the State Government and necessary orders shall be passed

within a period of six weeks from the date of receipt of a copy of this order.

This Writ Petition is disposed of with the above terms. No costs. Consequently, the connected petition in W.P.M.P.No.12004 of 2006 is

closed.