IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 8029 of 2010(C)
1. AUZILLIUM COLLEGE OF EDUCATION,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. THE MAHATHMA GANDHI UNIVERSITY,
For Petitioner :SRI.C.K.PAVITHRAN
For Respondent :SRI. T.A. SHAJI, SC, M.G.UNIVERSITY
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :09/06/2010
O R D E R
S. SIRI JAGAN, J.
------------------------------
W.P.(C) No.8029 OF 2010
-------------------------------
Dated this the 9th day of JUNE, 2010
J U D G M E N T
The petitioner obtained recognition from the National
Council of Teacher Education for starting a B.Ed training course in
their educational institution, which is produced as Ext.P5 in this
writ petition. Thereafter, the petitioner approached the
Government and the University for No Objection Certificate to
start the course. The same has been rejected by the
Government by Ext.P7. The petitioner is challenging the same
seeking the following relief:
“(i)Issue a writ or certiorari or any other appropriate writ,
direction or order calling for the records leading to Ext.P1
to P7 and quash Ext.P7 and direct the 1st respondent to
issue N.O.C to the petitioner institute for starting B.Ed
course during the academic year 2010-2011”.
The petitioner relies on the decision of the Supreme Court in
State of Maharashtra V. Sant Dnyaneshwar Shikshan
Shastra Mahavidyalaya and others [2006(9) SCC 1] in
support of their contention that once the central authority
W.P.(c)No.8029/10 2
grants recognition for the course, the Government or the
University cannot refuse permission to start the course.
2. I have heard the learned Standing Counsel for the
University as well as the learned Government Pleader.
3. In view of the above said Supreme Court decision, it
is now settled law that once the central authority gives
recognition for the course, the Government and the University
cannot deny approval or affiliation for such course. In the
above circumstances, Ext.P7 is quashed. There would be a
direction to the respondents to permit the petitioner to start
the course this year itself, by giving all necessary permissions,
affiliation etc, whichever is applicable. Anticipating the same,
the petitioner is free to make admissions to the course and
start classes.
The writ petition is disposed of as above.
S. SIRI JAGAN, JUDGE
acd
W.P.(c)No.8029/10 3
W.P.(c)No.8029/10 4