HIGH COURT OF ANDHRA PRADESH
SRI JUSTICE TARLADA RAJASEKHAR RAO, J
Aadilakshmi College of Education - Appellant
Versus
State of Andhra Pradesh - Respondent
WP 21947/2024
Decided On : 20-01-2025
(A) National Council for Teacher Education Act, 1993 - Section 17 and Section 18 - Writ petition challenging withdrawal of recognition of educational institution - The appellate authority confirmed the withdrawal order without providing reasons, which was deemed arbitrary and violative of Articles 14 and 19 of the Constitution - The petitioner institution failed to submit required documents, leading to the withdrawal of recognition. (Paras 1, 2, 3, 9, 20)
(B) Principles of Natural Justice - The court held that the principles of natural justice are context-dependent and cannot be applied rigidly; the petitioner must comply with directives to invoke these principles. (Paras 21, 22)
Facts of the case:
The petitioner institution's recognition was withdrawn due to failure to submit necessary documents as required by the NCTE (SRC). The petitioner challenged this withdrawal, claiming all documents were submitted.
Findings of Court:
The court found that the petitioner did not comply with the requirements set by the NCTE and that the withdrawal of recognition was justified.
Issues: The main issues were whether the withdrawal of recognition was arbitrary and whether the principles of natural justice were violated.
Ratio Decidendi: The court ruled that the petitioner institution's failure to submit required documents justified the withdrawal of recognition, and the lack of reasons did not violate natural justice principles as the petitioner did not approach the court with clean hands.
Result: Writ petition dismissed.
| Table of Content |
|---|
| 1. petitioner filed w.p. no. 1901 (Para 4) |
| 2. appeal filed under section 18 (Para 5 , 6 , 7 , 8) |
| 3. ncte withdrawal order examined (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 4. petitioner failed to submit documents (Para 18 , 19 , 20) |
| 5. natural justice principles context-dependent (Para 21) |
| 6. writ petition dismissed (Para 22 , 23) |
ORDER:
TARLADA RAJASEKHAR RAO, J.
The present writ petition is filed to issue a writ of Mandamus declaring the orders of the 5th Respondent Appellate authority vide 202489220/E323584/2023/Appeal/4th Meeting No APPLSRC 202013842 dated 01.04.2024 confirming the withdrawal orders passed by the 4th Respondent Southern Regional Committee vide No F/SRO/NCTE/APS09536/ B ED/AP/2020 /120014 dated 21.10.2020 without giving any finding/reason for withdrawal and neither pointing out any deficiencies contrary toSection 17 of NCTE Act 1993 as being arbitrary illegal unwarranted and violative of Articles 14 and 19 of the Constitution of India and violative of section 17 the National Council for Teacher Education Act and Rules famed thereunder and consequently to set aside the same.
2. The 5th respondent Appeal Committee has concluded that the SRC was justified in withdrawing the recognition and decided that at the instant appeal deserves to be rejected and therefore the impugned withdrawal order dated 21.10.2020 issued by the SRC is confirmed.
3. Brief facts of the case:-
The 4th respondent i.e., NCTE (SRC) has withdrawn the recognition granted to the petitioner’s institution vide order dated 21.10.2020 on the ground that the petitioner institution has failed to submit written instruction along with the required documents.
4. Assailing or challenging the order dated 21.10.2020 of the 4th respondent i.e., NCTE (SRC), the petitioner-institution filed W.P. No. 1901 of 2023. The said writ petition was disposed of vide order dated 17.11.2023 directing the petitioner-institution to file an appeal under Section 18 of National Council For the Teacher Education Act 1993 and Regulation made therein (for short herein after called as Act) along with hard copies of the relevant material in order to put an end.
5. Accordingly, as outlined by this Court in the order in the above numbered writ petition, the petitioner-institution preferred an appeal before the 5th respondent-NCTE Appellate Committee under Section 18 of National Council for the Teacher Education Act 1993. The appeal committee has addressed the appeal in the following vide order dated 01.04.2024:-
“ In the instant matter again placed in the 4th meeting 2024 whereby the Appellant Institution informed the Appeal Committee during the online hearing that the Appellant Institution has submitted the faculty list before the Appellate Committee. Further, the institution has sent a letter dated 21-02-2024 in which the institution has stated the following:
[“… 2 the proceedings regarding the selection of all the faculty members by the selection committee duly constituted and approved by the competent authority of the affiliating University body has not issued any proceedings for all the B.Ed., colleges including our institution. But only circular has issued on 25-01-2024 till now the University is not mentioned schedule for staff ratification for 2023-24.”]
6. In view of above, Appeal Committee concluded that the SRC was justified in withdrawing the recognition and decided that at the instant appeal deserves to be rejected and therefore the impugned withdrawal order dated 21.10.2020 issued by the SRC is confirmed.
7. Assailing the order dated 01.04.2024 of the appellate committee (NCTE) this writ petition is presented on the following grounds:
(i) not mentioned any reasons for withdrawing the recognition, by the (NCTE) SRC
(ii) respondents admitted in their remainders that the petitioner- institution has submitted all the documents.
8. Hence prayed to set aside the order 01.04.2024 of the 5th respondent Appellate Committee of NCTE.
9. After carefully examining the order of
The withdrawal of recognition of an educational institution was justified due to the failure to submit required documents, and the principles of natural justice were not violated as the petitioner di....
Recognition of educational institutions cannot be withdrawn without considering subsequent compliance with regulations, ensuring procedural fairness in the evaluation process.
The court emphasized the importance of proper consideration of deficiencies and explanations in the withdrawal of recognition under the NCTE Act, and the requirement for a fresh inspection and issuan....
The importance of proof of service of the Show Cause Notice and the violation of principles of natural justice influenced the court's decision.
Section 17 of the NCTE Act empowers the Regional Committee of the NCTE to withdraw recognition granted to an institution offering course or training in teacher education, for reasons to be recorded i....
The need for commensurate faculty strength as per the NCTE Act and the requirement for proper authorization for admitting students.
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