SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

2009 Supreme(Mad) 1653

High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE M. JAICHANDREN
Padmavathi College of Education, Rep. by its Chairman
Versus
The Regional Director, National Council for Teacher Education, Southern Regional Committee
Writ Petition No.9226 of 2009
Decided on: 10-06-2009

Advocates Appeared:
For the Petitioner:R. Sureshkumar, Advocate.
For the Respondent: R1, P.R. Gopinathan, Senior Counsel for NCTE.

The court can issue a Writ of Mandamus to direct the processing of an application for change of college premises upon compliance with the relevant requirements.

Headnote:

Writ of Mandamus - Change of College Premises - The court directed the respondent to process the application for the change of site/premises of the petitioner's college within eight weeks, upon compliance with the requirements stated in the communication from the National Council for Teacher Education.

Fact of the Case:

The petitioner filed a petition for a Writ of Mandamus to direct the respondent to process the application for the change of site/premises of the petitioner's college.

Finding of the Court:

The court directed the respondent to process the application within eight weeks upon compliance with the requirements stated in the communication from the National Council for Teacher Education.

Issues: Processing of application for change of college premises.

Ratio Decidendi: The court's decision was influenced by the submission of the relevant documents as noted in the communication from the Regional Director, National Council for Teacher Education, Bangalore, dated 6. 2009.

Final Decision: The writ petition is disposed of with the direction for the respondent to process the application within eight weeks upon compliance with the requirements.

Judgment :-

1. This petition has been filed by the petitioner praying for a Writ of Mandamus to direct the respondent to process the application of the petitioner dated 12. 2008 and to pass appropriate orders thereon. The application has been filed for the purpose of approval for the change of site/premises of the petitioners college for conducting B.Ed. programme continuously from the academic year 2009-10. At the time of the hearing of the writ petition, the learned counsel appearing on behalf of the respondent had placed before this court a communication from the National Council for Teacher Education, Bangalore dated 6. 2009 which is as follows:

“With reference to the above, it is to inform that Padmavathi College of Education has been granted recognition by SRC for offering B.Ed. course with an intake of 100 students with effect from 012. 2007.

Now, the Padmavathi College of Education has proposed to shift the institution from Dharmapuri District to Tirunelveli District. The institution has proposed to change the name from Padmavathi College of Education to Merit College of Education. Further, the management is; also being changed from Madras Education and Research integrated Trust to Merit Educational and Charitable Trust.

Many of the institutions have made applications to SRC. NCTE seeking shifting of premises from rented building to own premises, shifting the institution from one place to another etc. The application of these courses are being processed.

Pertaining to the Padmavathi College of Education, Dharmapuri, a letter has been issued to the institution on 6. 2009 seeking the documents before conducting inspection. Based on the satisfactory submission of essential documents the application will be processed further. You are requested to appraise the course in this regard."

2. The learned counsel for the petitioner had submitted that on receipt of the said communication, dated 6. 2009, the petitioners college would comply with the requirements as stated therein and on such compliance, the respondent may be directed to process the application of the petitioner for the purpose of approving the change of site/premises of the petitioners college.

3. The learned counsel appearing for the respondent has no objection for this Court passing such an order.

4. In view of the submissionsmade by the learned counsels for the petitioner, as well as the respondent, the respondent is directed to process the application of the petitioner, dated 12. 2008 and pass appropriate orders thereon, if the petitioner has complied with the requirements, including the submission of the relevant documents, as noted in the communication of the Regional Director, National Council for Teacher Education, Bangalore, dated 6. 2009, within a period of eight weeks from the date of such compliance by the petitioner. Accordingly, the writ petition is disposed of with the above direction. Consequently the connected M.P.No.1 of 2009 is closed.


Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top