Nagai College Of Education v. The National Council For Teacher Education
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.07.2025
CORAM
THE HONOURABLE MR.JUSTICE C.KUMARAPPAN and W.M.P.Nos.30193 and 30195 of 2025 Nagai College of Education Earum Salai, Paapkovil Village Nagapattinam-611 102, Represented by its Chairman Mr.Sudhakar Rajmohan ... Petitioner Vs.
1.The National Council for Teacher Education Rep by its Member Secretary G-7, Sector-10, Dwarka, New Delhi-110075.
2.The Regional Director Southern Regional Committee National Council for Teacher Education Rep by its Member Secretary G-7, Sector-10, Dwarka, New Delhi-110075.
3.The Director State Council of Educational Research and Training College Road, Nungambakkam, Chennai 600 006.
... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, to call for the records pertains to the impugned order vide minutes of the 461st meeting of the 2nd Respondent NCTE SRC in so far as the petitioner institution is concerned in Serial No.48 dated 26th - 27th May, 2025 and quash the same. 1/6
For Petitioner : Mr.C.Robert Bruce For R1 and R2 : Mr.J.Harikrishnan Standing Counsel For R3 : Mrs.S.Mythreye Chandru Special Government Pleader
O R D E R
By consent of both the learned counsel for the parties, the Writ Petition is taken up for final disposal, at the admission stage itself.
2. The instant writ petition has been filed with a prayer for issuing a Writ of Certiorari, to call for the records pertains to the impugned order vide minutes of the 461st meeting of the 2nd Respondent NCTE SRC in so far as the petitioner institution is concerned in Serial No.48 dated 26th - 27th May, 2025 and quash the same.
3. Heard the learned counsel for both sides and perused the materials available on record.
4. The learned counsel for the petitioner would submit that the impugned order is 461st Meeting of the Southern Regional Committee (SRC), 2/6
National Council for Teacher Education held on 26th - 27th May, 2025. It is the contention of the petitioner that though the petitioner had submitted Performance Appraisal Report, without taking into consideration, the Southern Regional Committee has already resolved to derecognise the petitioner's Institution from the Academic Sessions 2025-2026 and the 2nd respondent has also issued show cause notice to the petitioner on 26.04.2025 for which the petitioner has sent a reply. It is the submission of the petitioner that though the show cause notice was issued, while looking at the impugned order, it is nothing but a predetermined attitude of the 1st respondent in derecognision for the Academic Session 2025-2026. Hence, prayed to interfere with the impugned resolution.
5. Per contra, the learned Standing Counsel appearing for the respondents 1 and 2 would contend that they have not taken any decision based upon the impugned minutes of the meeting so far. Therefore, the petitioner has no locus standi to challenge the minutes of the meeting.
6. I have given my anxious consideration to the submissions made on either side.
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7. As rightly contended by the learned counsel for the petitioner that the 2nd respondent had issued show cause notice on 26.04.2025 and based upon the show cause notice, the petitioner had given their explanation on 12.05.2025. Only after receipt of the such explanation, the impugned minutes of the meeting came to be passed on 26th - 27th May, 2025. Therefore, as rightly contended by the learned counsel for the petitioner, the 2nd respondent already taken decision to derecognise the petitioner's Institution for the Academic Year 2025-2026.
8. However, as rightly contended by the learned Standing Counsel for the respondents 1 and 2, if at all the petitioner had any grievance in respect of the minutes of the meeting, an alternative remedy of appeal before the Appellate Authority is provided under Section 18 of the National Council for Teacher Education Act, 1993. The submission made by the learned Standing Counsel is well merited.
9. Therefore, this Court is of the firm view that it is appropriate to direct the petitioner to prefer an appeal before the Appellate Authority, within a reasonable time.
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10. Hence, the Writ Petition is disposed of by directing the petitioner to prefer an appeal under Section 18 of the National Council for Teacher Education Act, 1993 before the Appellate Authority, within a period of two weeks from the date of receipt of copy of this order. On such filing of the appeal, the Appellate Authority is directed to dispose of the appeal, within a further period of eight weeks, thereafter. Until then, there shall be an order of interim stay of the impugned order dated 26th - 27th May, 2025 in so far as against the petitioner. No costs. Consequently, the connected writ miscellaneous petitions are closed.
24.07.2025 (3/3) Index : Yes/No Speaking order /Non Speaking Order dm To 1.The Member Secretary National Council for Teacher Education G-7, Sector-10, Dwarka, New Delhi-110075.
2.The Regional Director Southern Regional Committee, National Council for Teacher Education Rep by its Member Secretary, G-7, Sector-10, Dwarka, New Delhi-110075. 3.The Director, State Council of Educational Research and Training College Road, Nungambakkam, Chennai 600 006.
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C.KUMARAPPAN, J.
dm 24.07.2025 (3/3) 6/6