- (1.) THE writ petitioner wanted to establish a B.Ed. College in West Bengal. The petitioner claims that all infrastructural and institutional facilities which are required to be fulfilled by the petitioner for obtaining recognition from NCTE have already been completed. While processing the petitioner's application for grant of recognition, inspection was held by the vigilance team on 4th February, 2012. In course of such inspection, some deficiencies in the infrastructural and/or institutional facilities were detected by the vigilance team. Those infrastructural and/or institutional deficiencies were brought to the notice of the college authorities by a letter written by the concerned authority of National Council for Teachers' Education, Eastern Regional Committee, on 21st February, 2012. These are the following deficiencies which were pointed out to the writ petitioners : a) Video CD not prepared at the time of inspection. b) Institution building is under construction. c) Science lab, Psychology lab, ET lab and language learning lab not available. d) Library is under construction, e) Power, water not connected. f) Furniture, teaching aid etc. not suitable. g) No material, books, equipment has been purchased.
(2.) THE petitioners were called upon to submit a written representation on the said report of the vigilance inspection team. In reply to the said letter of the N.C.T.E., the petitioner submitted a representation to the concerned authority on 13th December, 2012 explaining the reason as to why proper arrangement could not be made by the college authority to satisfy the vigilance team in course of such inspection, as to the availability of the infrastructural and/or institutional facilities at the proposed college site. It was also mentioned therein that since no prior notice of holding such inspection was intimated to the petitioner, no arrangement could be made by the petitioner to satisfy the inspection team about completion of infrastructural facilities, at the proposed site. Be that as it may, the petitioner herein stated in the writ petition that he has completed all infrastructural and/or institutional facilities by 10th December, 2012. Admittedly, no physical verification was made by the vigilance team of N.C.T.E. after 10th of December, 2012. Even the concerned authority rejected the petitioner's application for recognition for lack of infrastructural and/or institutional facilities by its order dated 14th December, 2012 without even holding any further inspection at the site after receipt of the reply to the show -cause notice from the writ petitioner.
(3.) IN the aforesaid context, the Learned Trial Judge by the impugned order passed on 11th February, 2014 held that physical inspection of the site is necessary. The Learned Trial Judge also held that since rejection order was passed by the N.C.T.E. on 14th December, 2012 without holding any physical inspection at the site, the rejection order cannot be sustained.;