JUDGMENT
Markandey Katju, C.J.
1. This writ appeal has been filed against the impugned order of the learned single Judge dated 18.11.2004.
2. The petitioner had prayed for a mandamus directing the respondent to issue recognition for the D.T.Ed. Course offered by the petitioner’s institution for the academic year 2004-2005.
3. Mr. V.T. Gopalan, learned Additional Solicitor General invited our attention to the two recent judgments delivered by our Bench dated 13.12.2004 in W.A. Nos. 4109 and 4110 of 2004 (The Member Secretary, National Council for Teachers Education I.P. Stadium, New Delhi v. Pauls Teacher Training Institute, Pondicherry) and W.A. No. 4112 of 2004 (The Regional Director, Southern Regional Committee, National Council for Teacher Education, Bangalore v. Sri Krishnasamy Reddiar Educational Trust rep. by its Secretary, Cuddalore). In those decisions we have noted that Regulation 7 of the National Council for Teacher Education Regulations, 2002 framed under the National Council for Teacher Education Act, 1993 requires that an application for recognition should be made to the Regional Committee on or before 31st December of every year. In the present case the application was made on 30.12.2003, but the No Objection Certificate was submitted on 3.2.2004. Learned Additional Solicitor General submitted that since no objection certificate was submitted after 31.12.2003, the recognition could only be granted for the academic year 2005-2006 and not for 2004-2005.
4. Sri P.V.S. Giridhar, learned counsel appearing for the respondent however pointed out to us that Regulation 7 has been amended by the notification dated 1.1.2004, which has been annexed in page 11 of the typed set. Now the last date for submission of the application for recognition prescribed in Regulation 7 of National Council for Teacher Education Regulations, 2002 is 31.1.2004 for the academic session 2004-2005. Admittedly the petitioner submitted the application for recognition on 30.12.2003 but the no objection certificate was submitted only on 3.2.2004.
5. Sri P.V.S. Giridhar submitted that 31.1.2004 was Saturday and 1.2.2004 was Sunday and 2.2.2004 was a public holiday because of Bakrid as has been stated in the affidavit, which has not been denied by the appellant. Hence, in view of section 10 of the General Clauses Act, 1897 the petitioner could have filed the N.O.C. By 3.2.2004. We agree with this submission.
6. Section 10(1) of the General Clauses Act states as follows:
“Where, by any Central Act or Regulation made after the commencement of this Act, any act or proceeding is directed or allowed to be done or taken in any Court or office on a certain day or within a prescribed period, then, if the Court or office is closed on that day or the last day of the prescribed period, the act or proceedings shall be considered as done or taken in due time if it is done or taken on the next day afterwards on which the Court or office is open.”
7. He relied upon the decision of the Supreme Court in Harinder Singh v. S. Karnail Singh . We agree with the submission of Sri P.V.S. Giridhar that in view of section 10 of the General Clauses Act the N.O.C. could have been filed by 3.2.2004 on the circumstances of this case. Hence it has to be deemed that the application for recognition was within time.
8. In the circumstances, the writ appeal is dismissed and we direct that the recognition to the respondent institution should be granted for the academic year 2004-2005. No costs. Consequently WAMP Nos. 7739 and 7887 of 2004 are also dismissed.