Vanaja N. Vs. Board of Directors of Tamil Nadu Small Industries Development Corporation Ltd. and anr.

.....act and the state act, harmoniously so that both are able to survive in the respective fields and also able to achieve their respective objectives. no doubt, section 14(6) of ncte act says that the university, on receipt of the order under sub-section (4) of section 14 of ncte act, shall grant affiliation to the institution where recognition has been granted. however, this does not mean that as soon as the order of recognition from the ncte is produced before the university, it is bound to close its eyes and straight away grant affiliation. it would only mean that affiliation should not be refused on the ground which are covered by section 14(3) of the ncte act, as the council has already satisfied itself that the institute meets these requirements. however, this would not be an absolute rule and the university can make a limited enquiry as to whether the institution has proper facilities, competent teaching staff, etc in consonance with section 14(3) of the ncte act. if it is found that the college does not have the adequate facilities, qualified teaching staff, adequate financial resources, etc. or permission has been obtained by deception or fraudulent means, it would be open for the university which confers the degree. it is the credibility, reputation or goodwill of the university which is at stake. therefore, no institution can claim affiliation as a matter of right. the ncte act has been enacted by parliament under entry 66 of list i to coordinate with and determine the standards of teacher training institutions as well as entry 25 of list iii. the provisions of the university act regarding affiliation of teachers training colleges and the conditions for grant and continuation of such affiliation by the university shall remain operative. however, the conditions that are prescribed by the university for grant and continuations will have to be in conformity with the norms and guidelines prescribed by the ncte in respect of the matters entrusted to it..........limited, which contemplates that when an appeal is preferred imposing penalties specified in rule 6.15, the appellate authority shall consider whether the penalty imposed is adequate, inadequate or severe and pass orders:(i) confirming, enhancing, reducing or setting aside the penalty or (ii) remitting the case to the authority which imposed the penalty with such direction as it may deem fit in the circumstances of the case. rule 6.25b contemplates that it shall be open to the appellate authority to call for the records in respect of any disciplinary proceeding and review any order made under these rules and pass such orders as it may deem fit in the circumstances of the case.4. after going through the order impugned in the writ petition, this court is prima facie satisfied that the appellate authority except informing that after detailed examination a resolution has been passed to reject the appeal made by the petitioner and confirm the order dated june 1, 2005 passed by the managing director, nothing has been stated, has not followed the rules contemplated under rule 6.25a of the above said rules. except saying that after detailed examination, no reason was given as specified under rule 6.25a of the above said service rules as to whether the appellate authority had considered that the punishment imposed was adequate or inadequate. what is the detailed examination is also not mentioned in that order.5. therefore the order is liable to be set aside and accordingly it is set aside and the writ petition is allowed. consequently, the connected w.p.m.p. is also closed. there will be no order as to costs.