- (1.) THE brief facts necessary for the adjudication of this petition are that the petitioner-trust (hereinafter referred to as the 'petitioner' for convenience sake) made an application to the Regional Director, Northern Region Committee, Jaipur seeking recognition for establishing a new institution for conducting the b. Ed, course for the academic session 2006-07 on 25-1-2006. The National Council for teacher Education granted permission to the petitioner for establishment of the B. Ed, course with an annual intake of 100 students on the 4th of July, 2007. Thereafter the petitioner applied to the respondent No. 2 university for affiliation on 5-7-2007. The application of the petitioner was rejected by the University on 20th July, 2007. The petitioner had also submitted an application seeking a NOC from the respondent-State on 31-1-2005. The State Government rejected the case of the petitioner on 22-6-2007.
(2.) THE following points arise for consideration in this petition. 1]. Whether the provisions of the National council for Teacher Education Act, 1993 occupied the field and if so was it necessary to obtain the NOC from the State Government or any other authority? 2]. Whether any policy framed by the State government requiring such approval be void? 3]. Whether the order of rejection passed by the State Government on 22-6-2007 was valid on merits? 4]. Whether the University should have granted the affiliation to the petitioner institute solely on the basis of the permission by the National Council for Teacher Education?
(3.) BEFORE the afore-mentioned points are taken up for consideration in detail, it will be apt to consider the relevant provisions of the National Council for Teacher Education act, 1993 (hereafter referred to as the 'act' ).;