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2014 Supreme(Mad) 2526
High Court of Judicature at Madras
S. RAJESWARAN, J.
C.K.S. Educational Trust, Represented by its Chairman cum Trustee
Versus
National Council for Teacher Education & Others
W.P.No.31205 of 2013 & M.P.Nos.1 & 2 of 2013 & 1 of 2014
Decided On : 14-08-2014
For the Petitioner:Chitra Sampath for T.S. Baskaran, Advocates.
For the Respondents:R1 & R2, K. Ramakrishna Reddy, SCGSC, R3, U. Venkatesan, Advocate.
The recognition for shifting to new premises for D.T.Ed course was valid and could not be disregarded as a bona fide mistake. The major deficiency of non-approval of the staff list for the B.Ed course was subsequently rectified, and the institution should not be stopped from functioning the B.Ed course.
Headnote:
Certiorarified Mandamus - Recognition of Teacher Training College - National Council for Teacher Education Act, 1993, Section 17(3) - Tamil Nadu Teacher Education University Act, 2008 - The court discussed the recognition granted to the petitioner's institution, the conditions for shifting to new premises, the deficiencies pointed out by the second respondent, and the withdrawal of recognition for both D.T.Ed and B.Ed courses. The court found that the recognition for shifting to new premises for D.T.Ed course was valid and could not be disregarded as a bona fide mistake. The court also noted that the major deficiency of non-approval of the staff list for the B.Ed course was subsequently rectified, and the institution should not be stopped from functioning the B.Ed course. The court set aside the orders of the original authority and the Appellate Authority.
Fact of the Case:
The petitioner Trust sought recognition for shifting its Teacher Training College to new premises for conducting D.T.Ed and B.Ed courses. The second respondent issued show cause notices for deficiencies and ultimately withdrew the recognition for both courses. The first respondent confirmed the withdrawal. The petitioner filed a writ petition seeking to quash the orders.
Finding of the Court:
The court found that the recognition for shifting to new premises for D.T.Ed course was valid and could not be disregarded as a bona fide mistake. The court also noted that the major deficiency of non-approval of the staff list for the B.Ed course was subsequently rectified, and the institution should not be stopped from functioning the B.Ed course. The court set aside the orders of the original authority and the Appellate Authority.
Issues: The issues revolved around the validity of the withdrawal of recognition for both D.T.Ed and B.Ed courses, the application of the National Council for Teacher Education Act, 1993, and the Tamil Nadu Teacher Education University Act, 2008, and the compliance with the conditions for shifting to new premises.
Ratio Decidendi: The recognition for shifting to new premises for D.T.Ed course was valid and could not be disregarded as a bona fide mistake. The major deficiency of non-approval of the staff list for the B.Ed course was subsequently rectified, and the institution should not be stopped from functioning the B.Ed course. The Appellate Authority did not exercise its appellate powers properly, and its order lacked valid reasons.
Final Decision: The court allowed the writ petition, setting aside the orders of the original authority and the Appellate Authority. No costs were awarded, and other miscellaneous petitions were closed.
1. This writ petition has been filed for issuance of writ of Certiorarified Mandamus, calling for the records of the first respondent pertaining to F.No.89-430/2013-Appeal/14th Meeting-2013 on the file of the Member Secretary, NCTE, dated 30.10.2013 confirming the order of the second respondent in F.No.APS08856/B/ED/TN/2013-14/51500 dated 10.05.2013 thereby withdrawing the recognition already granted in favour of the petitioner and quash the same and consequently direct the respondents 1 and 2 to grant recognition to the petitioner institution for the B.Ed course in the new premises in Chettikuppam Post, (via) Melalathur, Gudiyatham Taluk, Vellore District, Pin 635 806.
2. The case of the petitioner as given in the affidavit filed in support of the writ petition is as follows:
The petitioner Trust is running a Teacher Training College in the name of C.K.S. College of Education in Gudiyatham, Vellore District. Recognition was accorded for a period of two years, from the academic year 2006-2007 to conduct the Elementary D.T.Ed. Course with annual intake of 50 students, by the first respondent, in his proceedings dated 23.10.2006. The petitioner also complied with all the conditions duly and has been running the institution without any complaints whatsoever. The first respondent gave recognition to conduct the Secondary (B.Ed.) course for one year duration with an annual intake of 100 students, by his proceedings dated 03.04.2008. The petitioner institution has already complied with all the directions issued to them. Affiliation has been granted by the Thiruvalluvar University by its order dated 30.06.2008. After the formation of the third respondent, the petitioner's College was granted affiliation by the 3rd respondent with effect from 01.07.2008, as per their letter dated 22.05.2012.
3. While so, on 23.07.2010, the second respondent issued a show cause notice, asking the petitioner to furnish details as regards to their own land and buildings, to which, the petitioner has to shift its D.T.Ed course within three years of recognition. They also enclosed a format to be filled up and submitted by the petitioner. The petitioner has duly complied with the same and submitted the said questionnaire as directed, requesting them to permit the petitioner to shift to their new premises. However, the second respondent issued a show cause notice on 04.02.2011 calling upon the petitioner to submit additional details. The petitioner submitted their explanation with supporting documents on 22.02.2011. Despite that, a final show cause notice was issued on 18.04.2011, listing out three deficiencies. The petitioner submitted their explanation with documentary proof of their due compliance on 23.05.2011. The second respondent, upon satisfying itself with all the requirements as submitted by the petitioner, by order dated 12.07.2011, granted permission to the petitioner to shift to their new permanent premises at Kakkathoppu Village, Chettikuppam Post, via Melalathur, Guidyatham, Vellore for conducting the D.T.Ed course.
4. Though the petitioner had submitted their application for shifting to their new premises for conducting both the D.T.Ed and B.Ed. Courses, the second respondent considered the application for D.T.Ed. Course only on the ground that inspection was carried out only with regard to conducting the D.T.Ed. Course. The petitioner was subsequently directed by the second respondent on 17.02.2012 to submit a separate application for shifting of the B.Ed. Course and to pay inspection fee for the same. Inspection of the building both for conducting D.T.Ed. and B.Ed. Courses was carried out on 12.06.2012. Based on the visiting team's report, the second respondent had issued a show cause notice on 29.08.2012, listing out 14 deficiencies. The petitioner was shocked and surprised at this notice, when the second respondent had already granted approval of shifting by its order dated 12.07.2011. Out of the 14 deficiencies pointed out, s
