Sree Krishna College Of Education v. The National Council For Teacher Education
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.NO.20852 OF 2021 Sree Krishna College of Education, Represented by its Correspondent, G.Suresh No.69, Alarveli Porayar P.O., Tharangambadi Taluk Nagapattinam District 609 307.
... Petitioner .Vs.
1. The National Council for Teacher Education Rep.by its Member Secretary Hans Bhaawan Wing II 1, Bhahadur Shah Zafar Mag New Delhi 110 002.
2. The Regional Director Southern Regional Committee National Council for Teacher Education Jnanabarathy Campus Road Opp to National Law School Nagarabhavi Bangaluru 560 072.
...Respondents
Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents to reconsider the decision of rejecting of our application for recognition for the M.Ed.Programme based on the petitioner representation dated 03.05.2017 followed by our reminder dated 02.03.2021 and for consequential orders. For Petitioner : Mr.R.Kannan For Respondents : Mr.R.Thirunavukarasu CGSC for R 1 & R 2
O R D E R
This writ petition has been filed for the issue of a writ of mandamus directing the respondents to reconsider the decision of rejecting the application made by the petitioner for recognition of the M.Ed. Programme based on the representations made by the petitioner.
2.Heard Mr.R.Kannan, learned counsel for the petitioner and Mr.R.Thirunavukarasu, learned counsel appearing on behalf of the respondents.
3.It is seen from records that the petitioner made an application to the second respondent for grant of recognition for M.Ed Course in the year 2017. According to the petitioner, their Institution has been imparting B.Ed Course from the year 2009 onwards. The further case of the petitioner is that they fulfilled all the requirements before an application was submitted for grant of recognition to impart M.Ed Course. 4.The application that was submitted by the petitioner was rejected by the second respondent in the 335th Meeting held on 11th and 12th of April 2017. The reason that was assigned for the rejection of the application submitted by the petitioner is extracted hereunder:
4. SRCAPP201 M.Ed Sree Krishna College of Education, Nagapattinam , Tamilnadu TN 1.Earlier when NAAC certificate required for B.Ed.
also, some relaxation standards was given (eg.IEQA be sufficient in place of NAAC certificate).
2.This is a case of M.Ed.
We must stick to standards prescribed.
They must required to produce a regular N certificate.
3.Reject the application 4.Return FDRs, if any 5.Close the file.
5.The petitioner made a representation to the second respondent immediately after the rejection of the application and in the representation, it is stated that the very basis on which the rejection was made is not correct. Even thereafter, the petitioner was making several representations. Since the same was not considered, the present writ petition has been filed before this Court seeking for appropriate directions. 6.In the considered view of this Court, the application was submitted by the petitioner seeking for recognition for the M.Ed Course in the year 2017. Nealy four years have gone by and it is not feasible to resurrect or restart the approval process of the year 2017. It will therefore be more appropriate if the petitioner makes a fresh application to the second respondent seeking for recognition for M.Ed Course.
While making such application, it will also be left open to the petitioner to give a representation along with the application by taking a specific stand as to why the basis of rejection in the year 2017, is not in accordance with the regulations. This clarity is required since there is an apprehension in the mind of the petitioner that the very same ground will put against the petitioner while considering the recognition this time also. On receipt of the application from the petitioner along with the representation, it is left open to the second respondent to deal with the same strictly in accordance with law. 7.This writ petition is disposed of with the above directions. No costs.
Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar KP To
1. The National Council for Teacher Education Rep.by its Member Secretary Hans Bhaawan Wing II 1, Bhahadur Shah Zafar Mag New Delhi 110 002.
2. The Regional Director Southern Regional Committee National Council for Teacher Education Jnanabarathy Campus Road Opp to National Law School Nagarabhavi Bangaluru 560 072.
+1cc to Mr.R.Kannan, Advocate, S.R.No.53024 W.P.No.20852 of 2021 AD(CO) PM/01/11/2021 08.10.2021