Disposed

Sagar Gangotri Education Institution v. Southern Regional Committee

Karnataka HC6 Feb 2024WP/27044/2023

Case brief

AI extract

What is this about?

The High Court dismissed the writ petition seeking to quash an order withdrawing B.Ed. course approval. The court directed the petitioner to furnish a hard copy of the memorandum of appeal to the Appellate Authority of NCTE within four days for expeditious consideration.

What did the court decide?

Permitted petitioner to furnish hard copy of Memorandum of Appeal to Appellate Authority of NCTE by 07.02.2024 for expeditious consideration in the meeting on 08.02.2024.

Sagar Gangotri Education Institution Vs Southern… — Education and Admissions | Karnataka HC (2024)

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NC: 2024:KHC:4930 WP No. 27044 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^TH DAY OF FEBRUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE RAVI V HOSMANI WRIT PETITION NO. 27044 OF 2023 (EDN-RES)

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BETWEEN:

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SAGAR GANGOTRI EDUCATION INSTITUTION SY. NO.23/1, J.C. ROAD, SAGAR, SHIVAMOGGA DISTRICT - 577 401, REPRESENTED BY ITS SECRETARY MAMATHA, W/O. KRISHNAMURTHY, AGED ABOUT 51 YEARS.

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…PETITIONER

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(BY SRI. L.S. VENKATAKRISHNA, ADVOCATE)

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AND:

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SOUTHERN REGIONAL COMMITTEE, NATIONAL COUNCIL FOR TEACHER EDUCATION, Digitally signed by (A STATUTORY BODY OF THE GOVT. OF INDIA) MOHANKUMAR M OFFICE G-7, SECTOR-10, Location: High Court of Karnataka (NEAR SECTOR -10 METRO STATION) DWARAKA, NEW DELHI - 110 075. REPRESENTED BY ITS REGIONAL DIRECTOR.

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THE REGISTRAR, KUVEMPU UNIVERSITY, ROAD LEADING TO KUVEMPU UNIVERSITY, JNANASAHYADRI, SHANKARAGATTA, KARNATAKA - 577 451.

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NC: 2024:KHC:4930 WP No. 27044 of 2023

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THE SECRETARY, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, MINISTRY OF EDUCATION, GOVT. OF INDIA, SHASTRI BHAWAN, NEW DELHI - 110 075.

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THE PRINCIPAL SECRETARY, (HIGHER EDUCATION), GOVERNMENT OF KARNATAKA, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE, KARNATAKA - 560 001.

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THE UNDER SECRETARY, (TI AND E GOVERNANCE) NATIONAL COUNCIL FOR TEACHER EDUCATION, G-7, SECTOR-10, (NEAR SECTOR-10 METRO STATION) DWARKA, NEW DELHI - 110 075.

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THE COMPUTER PROGRAMMER (IT CELL) SOUTHERN REGIONAL COMMITTEE NATIONAL COUNCIL FOR TEACHER EDUCATION G-7, SECTOR-10 (NEAR SECTOR-10 METRO STATION), DWARKA, NEW DELHI - 110 075.

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…RESPONDENTS

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(BY SRI. M. VINOD KUMAR, ADVOCATE FOR R1, R5 AND R6; SRI. T.P. RAJENDRA KUMAR SUNGAM, ADVOCATE FOR R2; SRI. PRINCE ISAC, AGA FOR R4; R3 - NOTICE NOT NECESSARY FOR THE PRESENT)

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NC: 2024:KHC:4930 WP No. 27044 of 2023

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING WITHDRAWAL ORDER PASSED BY THE R-1 VIDE ANNEXURE-A DATED:5.09.2022 VIDE NO. F SRC/NCTE/APSO3683/B.ED /KA/2022/134453 AND CONSEQUENTLY PERMITTING THE PETITIONER INSTITUTION FROM TAKING UP OF FRESH ADMISSION OF STUDENT FROM THE ACADEMIC SESSION 2023-24 IN RESPECT OF B.ED COURSE AND ETC.,

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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This writ petition is filed for following reliefs:

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a) Issue a Writ of Certiorari or any other appropriate writ or order quashing withdrawal order passed by the 1^st respondent vide Annexure-A dated 05.09.2022 vide No.F.SRC/NCTE/ APS0 3683/B.Ed./KA/2022/134453 and consequently permitting the petitioner Institution from taking up of fresh admission of students from the academic session 2023-24 in respect of B.Ed., Course etc."

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In response to order dated 05.02.2024, Sri M Vinod Kumar, learned counsel for respondents no.1,

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5 & 6 submitted that next date of meeting of Appellate Authority is on 08.02.2024 and in case, petitioner

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furnishes hard copy of memorandum of appeal by tomorrow afternoon, same would be placed before Appellate Authority and a decision thereon would be taken expeditiously.

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4 - NC: 2024:KHC:4930 WP No. 27044 of 2023

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Sri L.S.Venkata Krishna, learned counsel for

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petitioner would submit that Appeal against impugned order was filed online as per Annexure-Z, as early as on 29.11.2022 and was not informed of requirement of filing hard copy of memorandum of appeal. It was submitted that since last date for admissions during current academic year would come to end soon, petitioner would tender hard copy of Memorandum of Appeal (Annexure-Z) by tomorrow afternoon and sought for direction for its expeditious consideration.

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In view of above and as indisputably order impugned herein is appealable and said remedy is already stated to have been invoked though not meeting requirements as per respondent no.1, undertaking of petitioner to furnish hard copy of Memorandum of Appeal (Annexure-Z) as per guidelines by tomorrow afternoon, there is nothing to be decided herein.

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Hence, writ petition stands disposed of, permitting petitioner to furnish complete set of hard copy

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5 - NC: 2024:KHC:4930 WP No. 27044 of 2023

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of Memorandum of Appeal-Annexure-Z to Appellate Authority of National Council for Teacher Education by tomorrow afternoon i.e. 07.02.2024 and upon receipt of same, directing Appellate Authority of National Council for Teacher Education, to take it up for consideration in its meeting scheduled on 08.02.2024 and pass appropriate orders thereon after providing opportunity to petitioner within an outer limit of four weeks. Keeping in mind that last date for admissions for current academic year would come to an end soon, it would be preferable if Appellate Authority - National Council for Teacher Education decides appeal within next two dates of sittings, if petitioner cooperates for same.

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In view of shortage of time, counsel for respondent no.1 to intimate this order to Appellate Authority of forthwith.

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Sd/JUDGE

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MKM

Sagar Gangotri Education Institution v. Southern Regional Committee

Case brief

What is this about?

What did the court decide?

Sagar Gangotri Education Institution v. Southern Regional Committee

Case brief

What is this about?

What did the court decide?

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