S.N.Aggarwal, J. - (1.) The petitioners were running an educational institution as recognition and affiliation has been granted to them in accordance with the provisions of National Council of Teacher Education Act, 1993 (in short 1993 Act) for running B.Ed course . The petitioners wanted to run Elementary Teachers Training Course for which they applied to the National Council for Teacher Education (in short NCTE). Recognition was granted by respondent No.3 vide letter dated 31.8.2004 (Annexure P-2) subject to the fulfilment of certain conditions. Thereafter, the petitioners applied to the State of Punjab for the grant of affiliation which has been declined by respondent Nos.1 and 2 vide their letter dated 15.3.2005 (Annexure P-3). Hence, the present writ petition.
(2.) The submission of learned counsel for the petitioners was that N.O.C was not required as NCTE had issued notification dated 1.1.2004 under Section 32(2)(f)(g) of 1993 Act by which the following amendment was introduced in the relevant regulation:- "(x) The requirement of NOC shall not apply to institutions already recognized by NCTE for running a B.Ed. course and seeking recognition to start a course or training in Elementary Teacher Education or from an existing elementary teacher education institution seeking permission to increase intake in such a course for a period of three years from the date of notification of these regulations in the Official Gazette."
(3.) The petitioners were already running B.Ed course which has not been denied by the respondents. Therefore, the submission of the learned counsel for the petitioners was that they were not required to obtain NOC for starting training in Elementary Teacher Education. This amendment dated 1.1.2004 made by the NCTE in the relevant regulation has been admitted by the respondents in the written reply filed by them.;