Sri Gayatri College Of Edn, v. The Member Secretary,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.03.2015
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.960 of 2014 & M.P.Nos.1 & 2 of 2014 Sri Gayatri College of Education Administered by Sri Rajaganapathi Charitable Trust Sidhanur, Ariyagoundanpatty Thalavaipatty Salem - 636 302 Rep. By its President R.R.Rathnasabapathy ... Petitioner vs.
1. The Member Secretary National Council for Teacher Education Hans Bhavan, Wing II I, Bahadursha Zafar Marg (Near I.T.O) New Delhi - 110 002
2. The Regional Director Southern Regional Committee National Council for Teachers Education Nagarabhavi (Opp. National Law School University) Bangalore - 560 072 ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the records relating to the impugned order passed by the second respondent in F.No.SRCAPP2113 (2013-2014)/B.Ed/TN/201314/52034 dated 01.06.2013 confirmed by the consequential order of the 1st respondent in F.No.89-410/2013-Appeal/14th Meeting-2013 dated 30.10.2013 quash the same and further direct the 2nd respondent to process the application for a recognition of the petitioner's application for recognition dated 29.12.2012 on merits with regard to the one year B.Ed decree course.
For Petitioner : Mr.B.Rabu Manohar For Respondents : Mr.K.Ramakrishna Reddy
ORDER
Heard Mr.B.Rabu Manohar, learned counsel for the petitioner and Mr.K.Ramakrishnan Reddy, learned counsel appearing for the respondents and also perused the materials placed before this Court.
2. The petitioner has challenged the order passed by the respondent rejecting the petitioner's application for recognition for conducting B.Ed course. The order passed by the original authority is confirmed by the appellate authority.
3. It is submitted by the learned counsel for the petitioner that since NCTE new regulations has come into force, the petitioner may be permitted to file an application under the new regulations for grant of recognition for conducting B.Ed course.
4. The learned counsel appearing for the second respondent submitted that since new regulations have come into force the petitioner cannot question the correctness of the impugned order. That apart, the impugned orders have been passed after taking note of the correct factual and legal principles.
5. In the light of the fact that new NCTE Regulations 2014 has come into force, the petitioner has to necessarily apply under the new regulations. Accordingly, while disposing of the writ petition by observing that there is no necessity to go into the correctness of the impugned, the liberty is granted to the petitioner to apply to the second respondent under the NCTE Regulations 2014 and if such application is filed, the same shall be considered in accordance with the rules and regulations.
6. The writ petition is disposed of with the above observation. No costs. Consequently, the connected miscellaneous petitions are closed.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar
gpa To
1. The Member Secretary National Council for Teacher Education Hans Bhavan, Wing II I, Bahadursha Zafar Marg (Near I.T.O) New Delhi - 110 002
2. The Regional Director Southern Regional Committee National Council for Teachers Education Nagarabhavi (Opp. National Law School University) Bangalore - 560 072 +2cc's to Mr.B.Rabu Manohar, Advocate, S.R.No.14275 W.P.No.960 of 2014 & M.P.Nos.1 & 2 of 2014 AD(CO) CA(23/03/2015)