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Madras High CourtWP(MD)/21476/2016dismissed as infructuous

Scad College Of Education, v. The National Council For

2024-06-07Honourable Mr Justice C. Saravanan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.06.2024

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN and W.M.P.(MD) No.15344 of 2016 SCAD College of Education, Rep. by its Correspondent, J.J.Menandez, W/o.William, Cheranmahadevi-Kalakadu Road, Cheranmahadevi - 627 414, Tirunelveli District.

... Petitioner Vs.

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

2.The Regional Director, Southern Regional Committee, National Council for Teacher Education, Jana Bharathi Campus Road, Opp. to National Law School, Nagarabhavi, Bangaluru - 560 072, Karnataka State.

... Respondents Page No. 1 of 6

Prayer: Writ Petition filed under Article 226 of Constitution of India for issuance of a Writ of Mandamus forbearing the respondents from in any manner implementing the NCTE (Regulation Norms and Procedure) Regulation 2014 prior to the completion of the process of the committee constituted by the first respondent as per the public notice dated 03.10.2016.

For Petitioner : Mr.N.Subramani For R1 : Mr.Su.Srinivasan For R2 : No appearance

O R D E R

This Writ Petition has been filed for issuance of a Writ of Mandamus forbearing the respondents from in any manner implementing the NCTE (Regulation Norms and Procedure) Regulation 2014 prior to the completion of the process of the Committee constituted by the first respondent as per the Public Notice dated 03.10.2016.

2. The learned counsel for the first respondent submits that this Writ Petition has become infructuous as a continuation order has been passed by the first respondent on 18.08.2021 permitting the petitioner for continuation of recognition for B.Ed. Programme for two year duration Page No. 2 of 6

with annual intake of 50 students each (2 basic units) subject to the certain conditions.

3. The learned counsel for the first respondent has produced a copy of the said continuation order dated 18.08.2021 before this Court. Relevant paragraphs of the said order dated 18.08.2021 reads as under:-

4. AND WHEREAS, the SRC in its 401st meeting held on 11th - 12th August, 2021 considered the matter and decided as under.- "The original files of the Institution along with other related documents, NCTE Act, 1993, Regulations Guidelines issued by NCTE from time to time and documents furnished by the institution were carefully considered by the SRC and the following observations were made:- The Committee on perusal of the reply submitted by the institution, decided that the continuation order be issued to the Institution SCAD College of Education, Survey No.

257, Cherankoilpathu Village, Cheranmahadevi Town Panchayat, Cheranmahadevi Taluk, Thirunalveli District-627414, Tamilnadu for B.Ed. programme for 2 basic units of 50 students each."

5. NOW THEREFORE, this order is issued permitting the institution i.e. SCAD College of Education, Survey No. 257, Cherankoilpathu Village, Cheranmahadevi Town Panchayat, Page No. 3 of 6

Cheranmahadevi Taluk, Thirunalvell District-627414, Tamilnadu for Continuation of recognition for B.Ed. programme for two year duration with annual intake of (2 basic units) of 50 students each subject to fulfilment of the following conditions:

10. The institution shall make available the list of students admitted on its official website.

11. The institution shall fill the information on GIS Portal on the NCTE Website.

If the institution contravenes any of the above conditions or the provision of the NCTE Act, Rules, Regulations and orders made of issued there under, the institution will render itself vulnerable to adverse action including withdrawal of recognition by the Southern Regional Committee under the provisional of Section 17(1) of the NCTE Act, 1993.

4. In view of the above, nothing survives for further adjudication in this Writ Petition. Therefore, this Writ Petition is dismissed as infructuous. No costs. Consequently, connected Miscellaneous Petition is closed.

07.06.2024 Index: Yes/ No Speaking Order / Non-Speaking Order JEN Page No. 4 of 6

Copy To:

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

2.The Regional Director, Southern Regional Committee, National Council for Teacher Education, Jana Bharathi Campus Road, Opp. to National Law School, Nagarabhavi, Bangaluru - 560 072, Karnataka State.

Page No. 5 of 6

C.SARAVANAN , J.

JEN and W.M.P.(MD) No.15344 of 2016 07.06.2024 Page No. 6 of 6