Paradise College of Education vs State of Punjab

Navita Singh, J.—Learned counsel for the State submits that he does not have the brief and seeks adjournment.

Learned counsel for the petitioner, however, states that if further time is granted to the respondents, the very purpose of filing the writ petition shall become infructuous, as counseling is already going on w.e.f. 19.06.2014 and is to end on 27.06.2014. Learned counsel for the petitioner has submitted that as per the recognition order (Annexure P-6), the petitioner has been granted recognition officially by way of publication in the gazette of India and the same is u/s 14(1) of the National Council for Teachers'' Education Act (Act for short). The former affiliation is being withheld by the respondents for no valid reason. He has referred to the decision of Full Bench of Kerala High Court in case reported as Vikram Sarabhai Educational Trust and B.Ed. College Vs. University of Calicut and Another, wherein it has been held that if recognition is given to a college u/s 14 of the Act on the finding that the college is having all the necessary infrastructure facilities, the university or concerned authority has no right to decline affiliation.

Reference was also made to the decision of the Hon''ble Supreme Court in the case reported as State of Maharashtra Vs. Sant Dnyaneshwar Shikshan Shastra Mahavidyalaya and Others, wherein it was observed that it is not open to the State Government to refuse permission/affiliation in such circumstances.

With the state of affairs, as they stand, it appears that former affiliation has not been issued by the respondents for no valid reason. It is, therefore, ordered that the petitioner shall be permitted to participate in the counseling which shall be provisional and subject to the outcome of this writ petition.

Nothing stated hereinabove shall be taken as an expression on the merits of the case.

Copy of the order be given under the signatures of the Court Secretary.