Petitions under Article 226 to quash an NCTE communication were found not maintainable. The High Court dismissed the petitions, noting no substance and rejecting the plea for adjournment to dismiss in the presence of senior counsel.
The petitions are dismissed. The interim order was vacated.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 16TH DAY OF APRIL, 2014
BEFORE
THE HONOURABLE MR. JUSTICE ANAND BYRAREDDY
WRIT PETITION Nos. 9261 - 9269 OF 2014 (EDN-RES)
BETWEEN:
2
Son of Late H.M. Gangadharaiah.
| 4. | Indira Education Society, Upparahally, Tumkur – 2, Represented by its General Secretary, Sri. C. Shivamurthy, |
|---|---|
| Aged 70 years, Son of Late V. Chikkarudraiah, |
|
| 5. | K.S.E.F. College of Education, Northern Extension, |
| Tumkur – 572 106, | |
| Represented by its Principal | |
| Dr. M. Hemalatha, | |
| Aged 58 years, | |
| Daughter of Late G.K. Malappa. | |
| 6. | Sri. T.V.V. College of Education, G.B.N. Road, |
| Madhugiri, Tumkur District, | |
| Represented by its Secretary, | |
| Sri. R.C. Vijayakumar Jain, | |
| Aged 58 years, | |
| Sri Late Charanna. | |
| 7. | Vidyavahini Samsthe (Regd), S.I.T. Extension, |
| Tumkur, represented by its Administrative Officer, |
|
| Sri. B.S. Shivakumar, Aged 58 years, |
|
| Son of B.S. Shekharappa. | |
| 8. | S.V.S. College of Education, (S.V.S. Health, Education and |
3
Management Studies Trust), No.410, opposite: Banashankari Street Temple, Kunigal Road, Tumkur – 572 10, Represented by its President Sri. H. Paramashivaiah, Aged 72 years, Son of Late Honnappa.
(By Shri. K.C. Shantakumar, Advocate) AND:
4
Administrative Office, Dr. B.R. Ambedkar Bhavan, Tumkur – 572 101, Represented by its Registrar.
Bangalore – 560072, Represented by its Regional Director.
(By Shri. K. Ananda, Advocate for Respondent No.2 Shri. B. Veerappa, Additional Government Advocate for Respondent No.1
Shri. H.L. Krishna Murthy, Advocate for Respondent No.3 Shri. P.S. Dinesh Kumar, Advocate for Respondent No.4)
These Writ Petitions filed under Article 226 of the Constitution of India praying to call for the entire records relating to concerning and connected with the impugned communication dated 17.2.2014 issued by the second respondent vide Annexure-D and quash the same declaring it as illegal, arbitrary and malicious in nature and etc;
These Writ Petitions coming on for Hearing this day, the court made the following:
5
O R D E R
The matter having been heard earlier, the interim order stood vacated. The petitions were also found to be not maintainable and it was adjourned at the request of the learned Senior Advocate appearing for the counsel for the petitioners Thereafter, the matter having been listed before the Court on several occasions, the counsel for the petitioner had sought repeated adjournments on the ground that it should be dismissed only in the presence of the Senior Advocate engaged in the case. Today when the matter is called out, a similar request is made.
6
a last effort, states that he has made an application before the NCTE for re-consideration of the petitioners’ case for recognition in the light of having complied with the norms prescribed by the NCTE.
If such an application has been made, it is for the NCTE to take further steps, in accordance with law and to expedite the
same. With that observation, the petitions stand dismissed.
Sd/- JUDGE
KS
2 issues framed by the court
Whether the writ petitions seeking to quash a communication regarding teacher education recognition are maintainable.
Whether a request to dismiss petitions only in the presence of senior counsel justifies a further adjournment.
1 provisions across 1 enactments
Kalpatharu Vidhya Samsthe (Regd) and others
The State of Karnataka
The Centralized Admission Cell
The Tumkur University
Southern Regional Committee of the National Council for Teacher Education
Anand Byrareddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
