New Sadhana Educational Society, v. National Council For Teacher Education

HON'BLE SRI JUSTICE U.DURGA PRASAD RAO WRIT PETITION No.20398 of 2011 ORDER:

The petitioners seek Writ of Mandamus declaring the action of first respondent in rejecting the appeal filed by them vide Order F.No.89-180/2011 Appeal/4th meeting-2011, dated 6.7.2011 confirming the orders passed by second respondent vide Order No.SRO/NCTE/2011/27335, dated 3.3.2011, which was issued withdrawing recognition granted to second petitioner-College to impart education in B.Ed., programme, as illegal and arbitrary and consequently set aside the same, with a direction to the respondents to renew the recognition granted to second petitioner-College to impart education in B.Ed., course.

2.

Respondents have filed counter and contested the writ petition. 3.

When the matter came up for hearing, learned Standing Counsel for respondents 1 and 2 would submit that subsequent to filing of the present writ petition, second respondent pursuant to the Judgment of the Apex Court, dated 10.9.2013 in petitions for Special Leave to Appeal (Civil) Nos. 4247-4248 of 2009, passed the Regulations called as National Council for Teacher Education (Recognition Norms and Procedure) Regulations, 2014 with effect from 28th November, 2014 and these regulations shall be applicable to all matters relating to teacher education programmes for preparing norms and standards and procedures for recognition of institutions, commencement of new programmes and addition to sanctioned intake in the existing programmes etc. Learned Standing Counsel for respondents 1 and 2 would further submit that in view of

aforesaid regulations, the present writ petition challenging the appellate order is not maintainable and petitioners can apply for recognition of their institution by strictly following the aforesaid regulations.

4.

Learned counsel for petitioners has not contradicted the above factual position.

5.

In view of the above submission of learned Standing Counsel for respondents 1 and 2, this writ petition is disposed of, giving liberty to petitioners to apply for recognition of their institution in terms of the National Council for Teacher Education (Recognition Norms and Procedure) Regulations, 2014.

As a sequel, miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs. ___________________________ U.DURGA PRASAD RAO, J Date: 25-09-2018 slk

HON'BLE SRI JUSTICE U.DURGA PRASAD RAO WRIT PETITION No.20398 of 2011 Date: 25/09/2018 slk