Madras High CourtWP(MD)/9911/2020disposed of

St.Johns College Of Education v. The National Council For Teacher Education (Ncte)

2020-09-14Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.09.2020

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD)No.9911 of 2020 and W.M.P(MD)No.8870 of 2020 St.Johns College of Education, Rep. By Secretary & Correspondent, S.Dinesh.

... Petitioner Vs.

1.The National Council for Teacher Education (NCTE), (The Appellate Authority), G-7, Sector 10 (Near Sector 10 Metro Station), New Delhi - 110 075.

2.The Regional Director, The National Council for Teacher Education (NCTE), G-7, Sector 10 (Near Sector 10 Metro Station), New Delhi - 110 075.

3.The Registrar, The Tamil Nadu Teachers Education University, Gangaiamman Kovil Street, Karapakkam, Chennai - 600 097.

... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, to direct the first respondent herein to decide the appeal of the petitioner dated 27.07.2020 against the order of the second respondent in F.SRO/NCTE/APSO3025/B.Ed/TN/2020 114793-114799 dated 25.02.2020 within the time stipulated by this Court and consequently forbearing the second and third respondents from implementing the orders of the second respondent dated 25.02.2020.

For Petitioner : Mr.Veera.Kathiravan Senior Counsel for M/s.Veera Associates For RR 1 & 2 : Mr.Su.Srinivasan

ORDER

The petitioner has filed the present Writ Petition to issue a Writ of Mandamus, directing the first respondent to decide the appeal of the petitioner dated 27.07.2020 against the order of the second respondent in F.SRO/NCTE/APSO3025/B.Ed/TN/2020, 114793-114799 dated 25.02.2020 within the time stipulated by this Court and 1/3

consequently forbearing the second and third respondents from implementing the orders of the second respondent dated 25.02.2020. 2.On an earlier occasion, this Court, vide order dated 25.08.2020, directed the petitioner to submit an application, in support of the earlier applications made to the first respondent, through on-line before the respondents.

3.Today, when the matter is taken up for hearing, the learned Senior Counsel appearing for the petitioner filed the additional typedset of papers and submitted that the petitioner has preferred an application through on-line on 27.08.2020 before the first respondent, challenging the order passed by the second respondent. 4.The learned Senior Counsel appearing for the petitioner submitted that in view of the order passed by the second respondent, the petitioner/College is not in a position to admit the students in the B.Ed course and therefore, he made a request before this Court that the said appeal may be disposed of within the time stipulated by this Court, otherwise, the petitioner/College will be put into hardship.

5.The learned Standing Counsel appearing for the respondents 1 and 2 submitted that the appeal petition filed by the petitioner was received by the first respondent and the same is pending for consideration and seeks three months time to dispose of the said appeal.

6.Taking note of the submissions made by the learned counsel appearing on either side and in view of the urgency of disposal of the said application for the reason as stated by the learned Senior Counsel, this Court directs the first respondent to consider the appeal petition filed by the petitioner in Appeal ID.No.APPLSRC202013711, dated 27.08.2020 and dispose of the same on merits and in accordance with law, as expeditiously as possible, preferably, within a period of six weeks from the date of receipt of a copy of this order.

7.With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (CSI) // True Copy // / /2020 Sub Assistant Registrar(CS) 2/3

Note:- In view of the present lock down owing to COVID - 19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned and issue Order Copy on 15.09.2020.

ps To 1.The National Council for Teacher Education (NCTE), (The Appellate Authority), G-7, Sector 10 (Near Sector 10 Metro Station), New Delhi - 110 075.

2.The Regional Director, The National Council for Teacher Education (NCTE), G-7, Sector 10 (Near Sector 10 Metro Station), New Delhi - 110 075.

3.The Registrar, The Tamil Nadu Teachers Education University, Gangaiamman Kovil Street, Karapakkam, Chennai-600 0097.

+1 CC to M/s.SU. SRINIVASAN, Advocate ( SR-16799[F] dated 15/09/2020 ) +1 CC to M/s.VEERA ASSOCIATES, Advocate ( SR-16986[F] dated 15/09/2020 ) W.P.(MD)No.9911 of 2020 14.09.2020 KB(15.09.2020) 3P 6C 3/3