Case Note & Summary
The petitioner, a charitable trust running an M.Ed. college, sought permission from the NCTE and the State Government to start the college. The Government granted permission on 13/8/2009 subject to the condition that admissions shall be made only after obtaining affiliation from the examining body (University) as per Clause 8(12) of the NCTE (Recognition Norms and Procedure) Regulations, 2007. Despite this, the petitioner made admissions for the academic year 2009-2010 without obtaining affiliation. The University granted affiliation only for the academic year 2010-2011. The petitioner filed a writ petition seeking mandamus to direct the University to grant provisional affiliation for 2009-2010 and to accept examination forms of the students admitted in that year. The court held that since the petitioner violated the express condition and the NCTE Regulations by making admissions without affiliation, it cannot seek a writ of mandamus to compel the University to act illegally. The petition was dismissed.
Headnote
A) Education Law - Affiliation - Mandamus - NCTE Regulations, 2007 - Clause 8(12) - The petitioner sought a writ of mandamus to direct the University to grant provisional affiliation for M.Ed. course for the academic year 2009-2010 and to accept examination forms of students admitted without prior affiliation. The court held that since the petitioner made admissions without obtaining affiliation from the examining body, in violation of the express condition in the government's permission letter and Clause 8(12) of the NCTE Regulations, 2007, no writ of mandamus could be issued to compel the University to grant affiliation or accept examination forms. The petition was dismissed. (Paras 1-6)
Issue of Consideration
Whether the petitioner is entitled to a writ of mandamus directing the University to grant provisional affiliation for the academic year 2009-2010 and to accept examination forms of students admitted without affiliation.
Final Decision
The petition is dismissed. No order as to costs.
Law Points
- Affiliation must precede admission
- NCTE Regulations 2007
- Clause 8(12)
- Mandamus not available for illegal acts
