Arutperumchothi Ramalingsammy v. National Council For Teacher Education,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 16.07.2019

CORAM:

THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN Writ Petition No.20125 of 2019 and W.M.P.Nos.19590 & 19591 of 2019 Arutperumchothi Ramalingasammy College of Education, Rep.by its Chairman, Sivanandhan Roberts, Abisegapakkam Village, Ariankuppam-605 007, Pondicherry.

...Petitioner

Vs National Council for Teacher Education Rep.by its Regional Director, Southern Regional Committee, G-7, Section-10,(Near Sector-10 Metro Station), Dwaraka, New Delhi-110075.

... Respondent Prayer: Writ Petitions are filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari calling for the records and quash the impugned order passed by the respondent vide F.SRC/NCTE/APSO2323/106206 dated 25.06.2019.

For petitioner : Mr.R.Kannan For Respondent : Mr.Su.Srinivasan Standing counsel

O R D E R

Heard the learned counsel for the petitioner and the learned Standing counsel for National Council for Teacher Education.

2. The main contention of the learned counsel for the petitioner is that the impugned order dated 25.06.2019, withdrawing the recognition of the petitioner institute pursuant to the inspection report of the Southern Regional Committee is bad in law. The petitioner institute is running B.Ed and D.El.Ed (D.T.Ed) course since 2007 has been suddenly placed under unrecognized category by virtue of impugned order dated 25.06.2019 and no opportunity is given to the petitioner before passing the impugned order.

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3. The learned Standing counsel for the respondent submitted that only after give an opportunity, the impugned order has been passed since the petitioner institute has failed to produce the documents about his title and other infrastructures. Further, the learned counsel for the respondent would submit that if at all the petitioner has aggrieved by the impugned order, he has a right to file an appeal before the statute, instead of approaching the appellate authority, he has filed a writ petition before this Court.

4. One of the contention raised by the learned counsel for the petitioner is that when the Hon'ble Supreme Court has fixed a dead line for considering the application for renewal of recognition as 30th April, the respondent ought not to have passed the impugned order after the dead line thereby, the petitioner has put to grave hardship.

5. Considering the above submissions and legal position, the petitioner is directed to prefer an appeal before the appellate authority as per Section 18 of the National Council for Teacher Education Act. The petitioner shall file his appeal within a period of 5 days from today. On receipt of the appeal, the respondent shall dispose of the appeal within a period of 10 days. Till then status quo as on 24.06.2019 shall be maintained. The petitioner shall also not admit any students in anticipation of order from the respondent.

6. With the above directions, this writ petition is disposed of. No costs. Consequently, the connected miscellaneous petitions are closed.

pl Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar To The Regional Director, National Council for Teacher Educational Southern Regional Committee, G-7, Section-10,(Near Sector-10 Metro Station), Dwaraka,New Delhi-110075.

+1cc to Mr.Su.Srinivasan , Advocate SR.No. 60352 +1cc to Mr.R.Kannan , Advocate SR.No. 60808 Writ Petition No.20125 of 2019 and W.M.P.Nos.19590 & 19591 of 2019 A.SK(17/07/2019) https://hcservices.ecourts.gov.in/hcservices/