Sarvodaya Bed College Vs National Council of Teacher Education (Ncte)

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NC: 2025:KHC:16658 WP No. 11759 of 2025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22^ND DAY OF APRIL, 2025

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BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 11759 OF 2025 (EDN-RES)

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BETWEEN:

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SARVODAYA BED COLLEGE, NO.12, 10^TH MAIN, BINNY LAYOUT, NAGARABHAVI ROAD, VIJAYANAGARA, BANGALORE – 560 040 REPRESENTED BY ITS PRINCIPAL MANJUNATH NAIK

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…PETITIONER

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(BY SRI. AKASH B. SHETTY, ADVOCATE)

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AND:

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NATIONAL COUNCIL OF TEACHER EDUCATION (NCTE) G-7, SECTOR-10, DWARKA, NEW DELHI – 110 075.s

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REPRESENTED BY ITS

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REGIONAL DIRECTOR

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SOUTHERN REGIONAL COMMITTEE

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Digitally signed by CHANDANA B M Location: High Court of Karnataka

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NATIONAL COUNCIL OF TEACHER EDUCATION (NCTE) G-7, SECTOR-10, DWARKA NEW DELHI – 110 075. REPRESENTED BY ITS

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MEMBER SECRETARY

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…RESPONDENTS

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(BY SRI. VINOD KUMAR, ADVOCATE)

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THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE REJECTION ORDER DATED 3^RD AND 4^TH MARCH 2025 IN ITS 454^TH MEETING REJECTING THE APPLICATION FOR RECOGNITION PRODUCED AT ANNEXURE-H AND ISSUE RESTORATION ORDER TO CONDUCT B.Ed COLLEGE OF TWO YEARS PROGRAMME WITH ANNUAL

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2 - NC: 2025:KHC:16658 WP No. 11759 of 2025

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INTAKE OF 100 STUDENTS, FOR THE ACADEMIC YEAR 2025-2026 AND ETC.

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THIS PETITION, COMING ON FOR ORDERS , THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

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ORAL ORDER

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In this petition, petitioner seeks for the following reliefs:

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a. Issue a writ in the nature or certiorari quashing the rejection order dated 3^rd and 4^th March 2025 in its 454 meeting rejecting the application for recognition produced at Annexure-H and issue restoration order to conduct B Ed College of two years programme with annual intake of 100 students, for the academic year 2025-2026.

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b. Direct the Respondent No.1 to consider the representation along with documents submitted by the Petitioner dated 11.09.2024 produced at Annexure-G seeking to re-consider the order of recognition in accordance with law, without reference to the withdrawal order dated 18.01.2012 produced at Annexure-F and to grant such other reliefs as this Hon’ble Court deems fit to grant in the facts and circumstances of the case.”

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NC: 2025:KHC:16658 WP No. 11759 of 2025

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Heard learned counsel for the petitioner and learned

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counsel for the respondents and perused the material on record.

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A perusal of the material on record will indicate that on 18.01.2012, respondent No.1 – NCTE withdrew recognition of the petitioner-institution, pursuant to which, petitioner submitted a representation to respondent No.1 with relevant documents seeking recognition to start two units of fifty students. Since the said representation was not considered by the respondent, petitioner approached this Court in W.P.No.21279/2023, which was disposed of vide order dated 29.08.2024 as under:

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“In this petition, petitioner seeks for the following

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reliefs:

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“a. Issue a writ in the nature of certiorari quashing the Order dated 18.01.2012 bearing No.APSO 1936/b.eD/ka/201112/36076 issued by Respondent No.1 withdrawing the recognition for conducting B.Ed course of two years produced at Annexure-A.

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b. Direct the Respondent No.1 to consider the representation along with documents submitted by the Petitioner dated 07.08.2023 produced at Annexure B seeking to re-consider the order of recognition in accordance with law and to grant such other reliefs as this Hon’ble Court deems fit to grant in the facts and circumstances of the case.”

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NC: 2025:KHC:16658 WP No. 11759 of 2025

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2. Heard learned counsel for the petitioner and learned counsel for the respondent and perused the material on record.

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3. In addition to reiterating various contentions urged in the petition and referring to the material on record, learned counsel for the petitioner submits that though recommendation of the petitioner College was withdrawn as long back as on 18.01.2012. The petitioner has submitted a representation at Annexure-B dated 07.08.2023 seeking reconsideration by the respondent. It is submitted on instructions that petition may be disposed of directing respondent to reconsider the withdrawal of recommendation in terms of representation at Annexure-B within stipulated time frame.

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4. Per contra, learned counsel for the respondent submits that they would consider the representation and proceed further in accordance with law.

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5. In view of the aforesaid facts and circumstances, I deem it just and appropriate to dispose of this petition directing the respondent to consider the representation at Annexure-B dated 07.08.2023 and pass appropriate orders/ take appropriate decision in accordance with law within a

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NC: 2025:KHC:16658 WP No. 11759 of 2025

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period of four weeks from the date of receipt of copy of this order without reference to Annexure-A.

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6. Subject to the aforesaid directions, the writ petition stands disposed of.

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7. Pending I.As., if any, stand disposed of.

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Subsequently, petitioner submitted another

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representation dated 11.09.2024 seeking issuance of order of recognition, despite which, the respondent rejected the representation vide impugned order dated 03/04.03.2025 at Annexure-H without considering the representation submitted by the petitioner, who is before this Court by way of the present petition.

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Per contra, learned counsel for the respondent submits that there is no merit in the petition and the same is liable to be dismissed.

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A perusal of the impugned order at Annexure-H will indicate that representation and documents submitted by the petitioner was not considered by respondent and consequently, in the light of the judgment of this Court in the cases of Nija Sharana Ambigara Chowdaiah Maha Vidya Peetha Society Vs. National

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Council for Teachers Education and Anr., - W.P.No.21216/2024 dated 30.08.2024 at Annexure-J and ASAD Education Society Vs. National Council of Teacher Education and Anr – W.P.No.28988/2023 dated 12.08.2024 at Annexure-K and in order

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to enable the respondent to reconsider the application afresh, I deem it just and appropriate to set aside and remit the matter back for respondent No.1 for reconsideration afresh in accordance with law.

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