Hemant Gupta, J. - (1.) THIS order will dispose of C.W.P. No. 15479 of 2008 and C.W.P. No. 15461 of 2008 as common questions of law and facts are involved in these cases.
(2.) THE petitioners are desirous of setting up a B.Ed. College in the State of Punjab. The petitioners applied for affiliation to Punjabi University as well to National Council for Teachers Education. The petitioners also sought permission from the State Government for setting up a B.Ed. College. The establishment of B.Ed. College is now governed by the National Council for Teachers Education Act, 1993 (hereinafter referred to as 'the Act') and the Regulations framed thereunder. The petitioner applied to National Council for Teachers Education (hereinafter referred to as 'NCTE') established under the aforesaid Act for the grant of recognition for the B.Ed. Course. After some correspondence, NCTE has granted permission for starting B.Ed. Course on 19.08.2008 (Annexure P -10). However, such recognition was subject to the compliance of Clause 4 of the aforesaid letter. The said Clause reads as under: Further, the recognition is subject to fulfillment of all such other requirements as may be prescribed under relevant norms and standards of NCTE for other regulatory bodies like UGC, the State Government etc., wherever applicable.
(3.) IN pursuance of the said recognition by NCTE, the Punjabi University has granted affiliation to the petitioner vide Annexure P -1. But the State of Punjab declined permission for the reason that the petitioner -Institute does not possess 5 acres of land in terms its guidelines issued on 1.10.2003.;