Francke August College Of v. Regional Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.07.2017
CORAM
THE HONOURABLE MR.JUSTICE K. RAVICHANDRABAABU W.P.No.10570 of 2016 in W.M.P. Nos. 9264 and 9265 of 2016 Francke August College of Education (TELC) Rep by its Secretary & Correspondent Dr.E.D.Charles Porayar-609 307, Tharangambadi Taluk, Nagapattinam District, Tamil Nadu.
... Petitioner vs.
1.The Regional Director, Southern Regional Committee, National Council for Teacher Education (NCTE) Nagarbhavi Jnana Bharathi Campus Road, Bengaluru-570 072.
2. The Secretary, Department of Higher Education, Government of Tamil Nadu, Fort St.George, Chennai-600 009.
3. The Registrar, Tamil Nadu Teacher Education University, Lady Willingdon College Campus, Chennai-600 005.
... Respondents PRAYER:
Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the 1st respondent in F.No.SRO/NCTE/SRCAPP3491/B.Ed/TN/2016-17/80943dated 30.01.2016, quash the same and consequently direct the 1st respondent to process the petitioner's application for recognition by conducting necessary inspection.
For Petitioner : Mr.B.Rabu Manohar For Respondents : Mr.K.Rama Krishna Reddy Standing Counsel for R1 Mr.A.Kumar Special Government Pleader for R2.
Mr.U.Venkatesan for R3
O R D E R
The prayer sought for in this writ petition is for quashing the order passed by the first respondent dated 30.01.2016 rejecting the request of the petitioner for grant of recognition to conduct B.Ed., Course for two years duration. Such application was made on 18.06.2015 and the said application was rejected by the impugned order dated 30.01.2016.
2. Consideration the fact that the academic years, for which, the application was filed are already lapsed, this Court is of the view that nothing survives in this writ petition to be adjudicated upon further as the very prayer sought for in this writ petition has become infructuous. However, it is open to the petitioner to file fresh application for the future academic years. Insofar as the contention of the learned counsel for the petitioner for refund of the processing fee is concerned, this Court is of the considered view that such request cannot be granted, in view of forfeiture clause contained in the Regulation 5(vii) of the National Council for Teachers Education (Recognition Norms and Procedure) Regulation, 2014. Accordingly, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar vsi/bsm
To 1.The Regional Director, Southern Regional Committee, National Council for Teacher Education (NCTE) Nagarbhavi Jnana Bharathi Campus Road, Bengaluru-570 072.
2. The Secretary, Department of Higher Education, Government of Tamil Nadu, Fort St.George, Chennai-600 009.
3. The Registrar, Tamil Nadu Teacher Education University, Lady Willingdon College Campus, Chennai-600 005.
+1cc to MR.U.Venkatesan, Advocate SR.No.52236 +1cc to Mr.R.RabuManohar, Advocate SR.No.52468 +1cc to the Government Pleader SR.No.52729 +1cc to MR.K.Ramakrishna Reddy,SR.No.53027 W.P.No.10570 of 2016 AIL(C)O GN(03/08/2017)