St. Mary Educational Society v. The National Council For Teacher Education Hans Bhawan

THE HON'BLE SRI JUSTICE A. V. SESHA SAI WRIT PETITION No.10886 OF 2013 ORDER:

Heard learned counsel for the petitioners and Sri K. Ramakanth Reddy, learned Standing Counsel for the respondents.

This Writ Petition is filed for the following relief: ".. to issue a writ order or direction, one more particularly in the nature of writ of mandamus, declaring the action of the respondents in rejecting the application of the petitioners for establishment of the 2nd petitioner college for imparting education in D.El.Ed. programme with an intake of 200 seats vide the impugned proceedings No.SRCAPP703/D.El.Ed/ AP/20122013/45286, dated 16.08.2012, issued by the 2nd respondent as confirmed in appeal by the 1st respondent vide the impugned proceeding No.89-699/2012/Appeal/14th Meeting-2012/A64571, dated 12.03.2013, as arbitrary and illegal offending Article 14 of the Constitution of India with a consequential direction to the respondents to grant recognition to the 2nd petitioner college as sought for under application bearing No.SRCAPP703 and pass such other order or orders as are deemed fit and proper in the facts and circumstances of the case."

By way of an order No.SRCAPP703/D.El.Ed/AP/201213/45286, dated 16.08.2012, the 2nd respondent herein rejected the application of the petitioners for grant of recognition to D.El.Ed. course. Against the said order, the petitioners filed appeal before the 1st respondent and the 1st respondent vide order dated 12.03.2013, rejected the said appeal confirming the order passed by the 2nd respondent. Assailing the said order, the petitioners filed the present Writ Petition.

Sri K. Ramakanth Reddy, learned Standing Counsel for the respondents, on instructions, submits that the application of the petitioners was considered and rejected in accordance with law and the appellate authority also after thoroughly considering the material on record, rejected the appeal confirming the order passed by the 2nd respondent.

Evidently, the petitioners application was rejected as long back as on 16.08.2012. It is pertinent to note that new NCTA Regulations came into force with effect from 28.11.2014. As such, this Court is of the opinion that the petitioners herein now cannot seek consideration of their application made under the old regulations. In view of the above reasons, this Writ Petition is disposed of, permitting the petitioners to make appropriate application to the respondents in terms of the new NCTA Regulations, 2014. If any such application is made by the petitioners herein, the same shall be considered and orders be passed by the respondents in accordance with law. There shall be no order as to costs. The Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

____________________ A. V. SESHA SAI, J 29.06.2015 KH