Sagar Gangotri Education Institution Vs the Ncte… — Writ and Judicial Review | Karnataka HC (2025)

Sagar Gangotri Education Institution Vs the Ncte… — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Certiorari issued quashing the withdrawal order dated 12.04.2024 (Annexure-A) of respondent No.1 and the order dated 05.09.2022 (Annexure-B) of respondent No.2; matter remitted to respondent No.1 to reconsider the petitioner's plan-sanction documents (affidavit dated 01.12.2024) with liberty to submit further documents by 29.01.2025 and hearing, orders to be passed by 18.02.2025; status of students who examined under the interim order made subject to respondent No.1's orders on remand.

Issue for consideration

Whether the withdrawal order dated 12.04.2024 (Annexure-A) passed by respondent No.1 (NCTE Appellate Authority) and the withdrawal notification dated 05.09.2022 (Annexure-B) of respondent No.2 (Southern Regional Committee, NCTE) are liable to be quashed, given that the plan-sanction and permission documents now produced by the petitioner were not available to respondent No.1 when the impugned order was passed. +1 more

Court's answer

Writ petition is allowed; certiorari is issued and the order dated 12.04.2024 at Annexure-A passed by respondent No.1 and the order dated 05.09.2022 at Annexure-B passed by respondent No.2 are quashed.

Ratio / Principle

The impugned withdrawal order was passed without the plan-sanction and permission documents later produced by the petitioner being available to respondent No.1; on that basis the orders were quashed and the matter remitted for fresh consideration.

Key takeaways

Matter is remitted to respondent No.1 to consider the documents filed by the petitioner with the affidavit dated 01.12.2024; the petitioner may produce any and all further documents satisfying the requirements of Annexure-A within 15 days (by 29.01.2025), filing English translations where originals are in regional language; respondent No.1 shall afford an opportunity of hearing and pass necessary orders by 18.02.2025.ratio¶43
The status of the students who took the examinations pursuant to the interim order passed by this Court is subject to the orders to be passed by respondent No.1 in furtherance of the remand.ratio¶47

Detailed headnote1 paragraphs

High Court of Karnataka (Suraj Govindaraj J), W.P. No. 18662 of 2024 (EDN-RES), order dated 10.01.2025: Writ petition by Sagar Gangotri Education Institution against withdrawal of its B.Ed. recognition allowed. Certiorari issued quashing (i) the NCTE Appellate Authority's withdrawal order dated 12.04.2024 (Annexure-A, File No.89-10/E-328630/2024/Appeal/5th Meeting, 2024 APPLSRC2022 14486) and (ii) the Southern Regional Committee, NCTE's notification dated 05.09.2022 (Annexure-B, Gazette Notification No. F.SRC/NCTE/APSO3683/B.Ed./KA/2022/134452), because the plan sanctions and permissions for the three colleges, produced with affidavit/memo dated 02.12.2024, were admittedly not before respondent No.1 when the impugned order was passed. Matter remitted to respondent No.1 to reconsider those documents and any further documents filed by 29.01.2025 (English translations where in regional language), with hearing, and to pass orders by 18.02.2025. Students who took the B.Ed. practical/theory examinations under the Court's interim order remain subject to respondent No.1's orders on remand.

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF JANUARY, 2025 BEFORE

THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 18662 OF 2024 (EDN-RES)

BETWEEN:

SAGAR GANGOTRI EDUCATION INSTITUTION, SY.NO.23/1, J.C. ROAD, SAGAR, SHIVAMOGGA DISTRICT-577401, REPRESENTED BY ITS SECRETARY, MAMATHA W/O. KRISHNAMURTHY, AGED BOUT 52 YEARS.

…PETITIONER

(BY SRI. VASANTHA A.K., ADVOCATE)

AND:

THE NCTE APPELLATE AUTHORITY, OFFICE: G-7, SECTOR -10, (NEAR SECTOR-10 METRO STATION) DWARKA, NEW DELHI-110075, REPRESENTED BY ITS DEPUTY SECRETARY.

GIRIJA A BYAHATTI

Digitally signed by GIRIJA A BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH

SOUTHERN REGIONAL COMMITTEE, NATIONAL COUNCIL FOR TEACHER EDUCATION (A STATUTORY BODY OF THE GOVT. OF INDIA), OFFICE: G-7, SECTOR-10, (NEAR SECTOR-10 METRO STATION), DWARAKA, NEW DELHI-110075, REPRESENTED BY ITS REGIONAL DIRECTOR.

THE REGISTRAR (EVALUATION), KUVEMPU UNIVERSITY, JNANASAHYADRI, SHANKARAGATTA, SHIMOGA DISTRICT-577451.

THE SECRETARY, MINISTRY OF EDUCATION , DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, SHASTRI BHAWAN, NEW DELHI-110075.

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THE REGIONAL DIRECTOR, SOUTHERN REGIONAL COMMITTEE, G-7, SECTOR-10, (NEAR SECTOR-10 METRO STATION), DWARAKA, NEW DELHI-110075, REPRESENTED BY ITS REGIONAL DIRECTOR.

THE PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION , (INCHARGE TEACHER EDUCATION ), GOVERNMENT OF KARNATAKA, NO.645 A, 2^ND GATE, 6^TH FLOOR, M.S. BUILDING, DR. AMBEKDAR VEEDHI, BANGALORE, KARNATAKA-560001.

…RESPONDENTS

(BY SRI. M. VINOD KUMAR, ADVOCATE FOR R1, R2 & R5; SRI. RAJENDRA KUMAR SUNGAY, ADVOCATE FOR R3; SRI. KUMAR M.N., ADVOCATE FOR R4; SMT. SARITA KULKARNI, AGA FOR R6)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS, PERTAINING TO THE CASE AND TO GRANT THE FOLLOWING RELIEF: 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 12/04/2024 IN FILE NO.89-10/E-328630/2024/APPEAL/5^TH MEETING, 2024 APPLSRC2022 14486 AND B) TO QUASH/SET ASIDE THE ORDER PASSED BY THE 2^ND RESPONDENT VIDE ANNEXURE-B DATED 05/09/2022 VIDE GAZETTE NOTIFICATION NO. F.SRC/NCTE/ APSO3683/B.ED./KA/2022/134452 AND CONSEQUENTLY ALLOWING THE STUDENTS OF THE PETITIONER INSTITUTION TO PARTICIPATE IN THE PRACTICAL EXAMINATION TO BE HELD ON 24/07/2024 AND THEORY EXAMINATION TO BE HELD ON 29/07/2024 FOR THE ACADEMIC YEAR 2023-24 OF B.ED. 1^ST AND 3^RD SEMESTER VIDE ANNEXURE-A26 AND ETC.

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

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NC: 2025:KHC:1280 WP No. 18662 of 2024

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)

The petitioner is before this Court seeking for the following reliefs:

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 12/04/2024 in File No.8910/E-328630/2024/Appeal/5^th Meeting, 2024 APPLSRC2022 14486 and

b) To quash/set aside the order passed by the 2^nd respondent vide Annexure-B dated 05/09/2022 vide Gazette Notification No. F.SRC/NCTE/APSO3683/B.Ed./KA/2022/13445 2 and consequently allowing the students of the petitioner Institution to participate in the practical Examination to be held on 24/07/2024 and theory examination to be held on 29/07/2024 for the academic year 2023-24 of B.Ed. 1^st and 3^rd semester vide AnnexureA26.

c) Issue any such orders as this Hon’ble Court deems fit to grant in the facts and circumstances of the case, to meet the ends of justice.

The aforesaid withdrawal order dated 12.04.2024 at Annexure-A was passed by respondent No.1 taking into account that, in terms of the document which has

been produced by the petitioner, there was no plan

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sanction which has been placed on record in respect of the buildings which had been constructed on the subject properties, as also on various other grounds. It is in furtherance thereof that Annexure-B notification on the said withdrawal was directed to be published.

When the above matter is taken up for consideration, learned counsel for the petitioner submitted that the petitioner has obtained all plan sanctions and permissions for running 3 colleges in the premises which have been produced along with the affidavit and memo dated 02.12.2024.

Learned counsel for respondent No.1 fairly submit that these documents were not made available to respondent No.1 when the impugned order was passed.

In that view of the matter I pass the following:

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ORDER

i. Writ petition is allowed.

ii. Certiorari is issued. Order dated 12.04.2024 at Annexure-A passed by respondent No.1 and the order dated 05.09.2022 at Annexure-B passed by respondent No.2, are quashed.

iii. Matter is remitted to respondent No.1 to consider the documents which have been filed by the petitioner along with the affidavit dated 01.12.2024.

iv. The petitioner is also provided a further opportunity to produce any and all further documents which may satisfy the requirements of the impugned order at Annexure-A within 15 days from today.

v. If the said documents are produced by 29.01.2025, respondent No.1 shall consider

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the same affording an opportunity of hearing to the petitioner and pass necessary orders by 18.02.2025.

vi. Needless to say, the petitioner shall file all documents in English language, if available. If the said documents are available in regional language, the petitioner shall translate the same into English language and file the same within the above time period.

vii. The status of the students who have taken up examination pursuant to the interim order passed by this Court will be subject to the orders to be passed by respondent No.1 in furtherance of the remand made now.

Sd/(SURAJ GOVINDARAJ) JUDGE

List No.: 19 Sl No.: 5

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