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Madras High CourtWP/686/2014disposed of

Sri Lakshmi Narayan v. The National Council For

2015-03-19Honourable Mr Justice T. S. Sivagnanam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.03.2015

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.686 of 2014 and M.P.Nos.1 and 2 of 2015 Sri Lakshmi Narayan Educational Trust, Rep.by its Chairman N.Rajasekar

...Petitioner

Vs

1. The National Council for Teacher Education, Rep.by its Member Secretary, Hans Bhawan, Wing II, 1, Bahadur Shah Zafar Marg, New Delhi 110 002.

2. The Regional Director, National Council for Teacher Education, Jnanabarathy Campus Road, Opp.to National Law School, Nagarabhavi, Bangalore 560 072 ..Respondents Prayer :- Writ Petitions filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records in respect of the impugned order issued by the 1st respondent vide his proceedings in F.No.89-521/2013, Appeal/16 Meeting-2013 dated 13.11.2013 and quash the same and direct the respondents especially the 2nd respondent to process the application of the petitioner dated 27/28.12.2012 submitted through online and to pass orders to grant recognition to the petitioner institution for conducting B.Ed course from the academic year 2014-15. For Petitioner :

Mr.R.Suresh Kumar For Respondents :

Mr.K.Ramakrishna Reddy

O R D E R

Heard Mr.R.Suresh Kumar, learned counsel appearing for the petitioner and Mr.K.Ramakrishna Reddy learned counsel appearing for Respondents.

2. The petitioner is an Educational Trust which was registered in the year 2005 and has established a institution for offering B.Ed Course. The petitioner submitted the application for recognition on 27.12.2012 through online along with relevant documents to the second respondent/NCTE and hard copy also sent on 28.12.2012 including the Fixed Deposit Receipts.

The second respondent rejected the application on certain grounds which are challenged in this writ petition.

3. It is to be pointed out that the application submitted by the petitioner for recognition was under the NCTE Regulations, 2009. The said regulations have been suppressed and NCTE Regulations, 2014 has come into force. Therefore, the petitioner has to necessary abide by the 2014 Regulations.

4. In the light of the above, the need for examining the correctness of the impugned order does not arise and accordingly there shall be a direction to the petitioner to submit a fresh application as per the NCTE Regulations, 2014 and if the same is submitted the respondents shall consider the same in terms of the 2014 Regulations without reference to the observations made in the impugned order.

5. With the above observations, the writ petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Asst. Registrar (CS III) Dt:24/3/2015 /true copy/ Sub Asst. Registrar.

To

1. The Member Secretary, National Council for Teacher Education, Hans Bhawan, Wing II, 1, Bahadur Shah Zafar Marg, New Delhi 110 002.

2. The Regional Director, National Council for Teacher Education, Jnanabarathy Campus Road, Opp.to National Law School, Nagarabhavi, Bangalore 560 072.

+ 1 cc to Mr.K.Ramakrishna Reddy, Advocate SR 16184 + 1 cc to Mr.R.Suresh Kumar, Advocate SR 15915 ksj(co) prk24/3 W.P.No.686 of 2014 and M.P.Nos.1 and 2 of 2015