Dismissed

Brahmananda Swami Sivayogi Educational Society v. National Council for Teacher Education

Kerala HC11 Nov 2020WP(C)/22291/2020

Case brief

AI extract

What is this about?

The Court disposed of a writ petition challenging the withdrawal of recognition from an educational college. The petitioner indicated an intention to file a statutory appeal under Section 18 of the NCTE Act. The Court recorded this submission and disposed of the petition without prejudice to that remedy, leaving other contentions open.

What did the court decide?

The writ petition was disposed of without prejudice to the right of the petitioner to challenge the order by approaching the appellate authority.

Brahmananda Swami Sivayogi Educational Society Vs… — Education and Admissions | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

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WEDNESDAY, THE 11TH DAY OF NOVEMBER 2020 / 20TH KARTHIKA, 1942

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WP(C).No.22291 OF 2020(J)

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PETITIONER:

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BRAHMANANDA SWAMI SIVAYOGI EDUCATIONAL SOCIETY ALATHUR P O, PALAKKAD, PIN-678541, REPRESENTED BY ITS PRESIDENT.

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BY ADVS. SRI.GEORGE POONTHOTTAM (SR.) SMT.NISHA GEORGE SRI.VISHNU B.KURUP

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RESPONDENTS:

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1 NATIONAL COUNCIL FOR TEACHER EDUCATION, G-7, SECTOR-10, DWARAKA , NEAR METRO STATION, NEW DELHI-110075, REPRESENTED BY THE REGIONAL DIRECTOR.

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2 THE UNIVERSITY OF CALICUT THENJIPALAM P O, MALAPPURAM DISTRICT-673635, REPRESENTED BY THE REGISTRAR.

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R1 BY DR.ABRAHAM P.MEACHINKARA,SC,NCTE R2 BY ADV.P.C.SASIDHARAN, SC, CALICUT UNIVERSITY

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.22291 OF 2020(J)

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JUDGMENT

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The petitioner, which is an educational society running BSS B.Ed Training College at Alathur, from the academic year 2004-05, on the strength of recognition granted by the 1^st respondent National Council for Teacher Education (NCTE) and the affiliation granted by the 2^nd respondent University, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P13 decision of the Southern Regional Committee of NCTE in its 389^th meeting held on 12^th and 14^th October 2020; a declaration that Ext.P13 decision of the 1^st respondent to withhold the admission process of the petitioner college for the academic year 2020-21 is contrary to the directions issued in Ext.P10 judgment and to the specific provision contained in Section 17 of the National Council for Teacher Education Act and therefore the decision to that extent is bad in law; a declaration that the order issued as per Ext.P13 is not traceable to the power on the National Council for Teacher Education Act Act under which the said body has been constituted; a declaration that B.S.S B.Ed Training College continues to enjoy valid recognition from the NCTE and is entitled to have students allotted; a declaration that Ext.P13

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WP(C).No.22291 OF 2020(J)

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decision has been taken in violation of the principles of natural justice and therefore bad in law.

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The petitioner had earlier approached this Court in W.P. (C) No.18248 of 2020, which was disposed of along with connected cases by Ext.P10 judgment date 25.09.2020. Paragraph 48 and also the last paragraph of that judgment reads thus:

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“48. In the result, these writ petitions are disposed of by setting aside the decision/order of withdrawal of recognition passed by the Southern Regional Committee of the NCTE, i.e., Ext.P13 order in W.P. (C)No.18243 of 2020, Ext.P9 order in W.P.(C)No.18248 of 2020, Annexure R1(A) order [based on Ext.P8 order] in W.P. (C)No.18457 of 2020, Ext.P13 in W.P.(C)No.18461 of 2020, Ext.P7 order in W.P. (C)No.18749 of 2020, Ext.P8 order in W.P.(C)No.18878 of 2020, Ext.P15 order in W.P. (C)No.18954 of 2020 and Annexure R1(A) order [based on Ext.P8 order] in W.P.(C)No.19123 of 2020, since the show cause notice and the final show cause notice issued to the respective institutions do not satisfy the requirements for a valid show cause notice under the first proviso to sub-section (1) of Section 17 of the NCTE Act, in order to sustain the decision/order of withdrawal of recognition issued to the respective institutions, on the grounds stated therein; however, without prejudice to the right of the the Southern Regional Committee to proceed against the petitioner institution in the

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WP(C).No.22291 OF 2020(J)

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respective writ petitions, afresh, for the deficiencies noticed in those decisions/orders. For that purpose, those decisions/orders shall be treated as a show cause notice issued to the petitioner institution in the respective writ petitions, under the first proviso to subsection (1) of Section 17 of the NCTE Act. The petitioner institutions shall submit their reply to the deficiencies pointed out by the Southern Regional Committee, with supporting documents, within one week from the date of receipt of a copy of this judgment, which shall be considered by the Southern Regional Committee, after affording the petitioner institution in the respective writ petitions a reasonable opportunity to represent its case, and pass appropriate orders, strictly in accordance with law, taking note of the law laid down as above, as expeditiously as possible, at any rate, within a further period of one month.

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The petitioner institution in the respective writ petitions shall submit the list of faculties in the prescribed format, before the affiliating University, within one week from the date of receipt of a copy of this judgment, if not already submitted. The affiliating University shall permit admission for B.Ed course in the petitioner institutions, for the academic session year 2020-21, only if the faculties are having the requisite qualification as per the NCTE Regulations, 2014. The faculties appointed after 09.06.2017 shall have the requisite qualification as per the NCTE Regulations, 2014, as amended by the NCTE (Recognition Norms and Procedure)(Amendment)

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WP(C).No.22291 OF 2020(J)

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Regulation, 2017.”

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On 20.10.2020, when this writ petition came up for

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admission, learned Standing Counsel for NCTE sought time to get instructions. On 30.10.2020, when this writ petition came up for consideration, this Court passed the following order:

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“Heard the learned Senior Counsel for the petitioner, the learned Standing Counsel for NCTE representing the 1^st respondent and also the learned Standing Counsel for the 2^nd respondent University.

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Having considered the pleadings and materials on record and the submission made by the learned counsel on both sides the operation of Ext.P13, to the extent it goes beyond the direction contained in Ext.P10, is stayed for a period of one week.

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As requested by the learned Standing Counsel for NCTE, list on 03.11.2020, along with W.P.(C) No.22256 of 2020, for filing statement.”

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On 06.11.2020, when this writ petition came up for

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consideration, learned Standing Counsel for NCTE submitted that in

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the 391^st meeting of the Southern Regional Committee, a decision

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has been taken to withdraw recognition to the petitioner institution and that, a statement on behalf of the 1^st respondent was being filed.

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A statement has been filed by the learned Standing

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WP(C).No.22291 OF 2020(J)

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Counsel for the 1^st respondent, on 06.11.2020, producing therewith Ext.R1(a), which is the relevant extract of the minutes of the 391^st meeting of Southern Regional Committee of NCTE held on 03.11.2020, in which , vide Item No.37, it is decided as follows:

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“The Committee is dissatisfied with the documents submitted by the institution and oral arguments that the institution has failed in submission of the following even after the directions of Hon'ble High Court of Kerala:

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A photocopy of Staff List approved by Registrar; University of Calicut submitted vide dated 03.09.2020 consisting of one principal & seven Assistant Professor against the requirement of 1+9=10 faculty stipulated under Appendix 4 of NCTE Regulations, 2014.

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Percentage of marks in r/o Lecturer English, namely “Smt.Meera TN” in Education at (S.No.03) is 51.88% which less than 55% in postgraduation.

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Percentage of marks in r/o Lecturer English, namely “Smt.Jini M.George” in Education at (S.No.06) is 50% less than 55% in postgraduation.

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Three are part time lecturers appointed against full time faculty are as following:-

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Ms.Sruthi S (Asst.Prof.) - Part Time.

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Mr.Santhosh V (Assistant Prof.) - Part Time.

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Mr.Sangardas PH (Assistant Prof. in music) – Part Time.

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WP(C).No.22291 OF 2020(J)

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The institution submitted a photocopy of the building plan but the same is not readable, hence, the Committee was unable to analyse the size of class rooms, M.P.Hall, Labs, Library etc. as required under NCTE Regulations, 2014.

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Hence, the Committee decided to withdraw the recognition granted to B.S.S. B.Ed. Training College, Alathur Post, Palakkad District, Pin-678541, Kerala for conducting B.Ed course w.e.f. The next academic session under clause 17(1) of NCTE Act, 1993 on the grounds mentioned above.”

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Today, when this case is taken up for consideration, learned counsel for the petitioner would submit that the petitioner is proposing to challenge Ext.R1(a) decision (decision No.37) taken in the 391^st meeting of the Southern Regional Committee of NCTE held on 03.11.2020 by filing a statutory appeal before the appellate authority in NCTE, invoking the provisions under Section 18 of the National Council for Teacher Education Act.

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Recording the aforesaid submission made by the learned counsel for the petitioner, this writ petition is disposed of, without prejudice to the right of the petitioner to challenge Ext.R1(a) order (decision No.37) by approaching the appellate authority in NCTE, invoking the statutory remedy under Section 18 of the National

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WP(C).No.22291 OF 2020(J)

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Council for Teacher Education Act.

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The legal and factual contentions raised in this writ petition by

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the petitioner are left open.

Sd/-

ANIL K.NARENDRAN

JUDGE

WP(C).No.22291 OF 2020(J)

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APPENDIX OF WP(C) 22291/2020

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE SHOW CAUSE NOTICE F.SRC/NCTE.APSO0714/B.ED/KL/2015-16/NCTE ISSUED BY THE NCTE DATED 16.07.2019. EXHIBIT P2 TRUE COPY OF THE AFFILIATION ORDER U O NO. 3457/2020/ADMN DATED 16.03.2020 ISSUED BY THE UNIVERSITY OF CALICUT. EXHIBIT P3 TRUE COPY OF THE INTERIM ORDER OF THIS HON'BLE COURT IN WPC NO.30205/2012 DATED 18/12/2012. EXHIBIT P4 TRUE COPY OF THE COVERING LETTER OF THE REPLY SUBMITTED BY THE PETITIONER DATED 22.08.2019, EXCLUDING ANNEXURES.. EXHIBIT P5 TRUE COPY OF THE FINAL SHOW-CAUSE NOTICE NO.F.SRO/NCTE/APSO0714/B.ED/383/ {KL}/2020/114038 DATED 20.01.2020 ISSUED BY THE NCTE. EXHIBIT P6 TRUE COPY OF THE COVERING LETTER OF THE REPLY SUBMITTED BY THE PETITIONER BEFORE THE NCTE, DATED 22.01.2020, EXCLUDING ANNEXURES. EXHIBIT P7 TRUE COPY OF THE RELEVANT PORTION OF THE MINUTES OF THE 387TH MEETING OF THE SOUTHERN REGIONAL COMMITTEE OF NCTE HELD ON 24TH AND 25TH OF AUGUST, 2020. EXHIBIT P8 TRUE COPY OF THE COMMUNICATION SUBMITTED BY THE PETITIONER DATED 01.09.2020 TO THE RESPONDENT NCTE. EXHIBIT P8(a) TRUE COPY OF THE EMAIL COMMUNICATION WITH SOUTHERN REGIONAL COMMITTEE OF NCTE, DATED 20.01.2020. EXHIBIT P9 TRUE COPY OF THE ORDER NO.F.SRO/NCTE/APS00714/B.ED {KL}/2020/117670 DATED 07.09.2020 ISSUED BY THE NCTE.

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EXHIBIT P10 TRUE COPY OF THE JUDGMENT DATED 25.09.2020 IN WPC NO.18248/2020 PASSED BY THIS HON'BLE COURT.

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EXHIBIT P11 TRUE COPY OF THE COMMUNICATION DATED 12.10.2020 SUBMITTED BY THE PETITIONER WITHOUT ANNEXURES.

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EXHIBIT P12 TRUE COPY OF THE STAFF LIST APPROVED BY THE 2ND RESPONDENT. EXHIBIT P13 TRUE COPY OF THE RELEVANT PORTIONS OF THE 389TH SRC MEETING HELD ON 12TH AND 14TH OCTOBER 2020.

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RESPONDENT'S EXHIBITS

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ANNEXURE R1(A) TRUE COPY OF THE RELEVANT PAGES OF THE 391ST MEETING OF THE SOUTHERN REGIONAL COMMITTEE, NATIONAL COUNCIL FOR TEACHER EDUCATION, NEW DELHI AS ITEM NO.37 HELD ON 3.11.2020 WITH RESPECT TO THE PETITIONER INSTITUTION.

Brahmananda Swami Sivayogi Educational Society v. National Council for Teacher Education

Case brief

What is this about?

What did the court decide?

Brahmananda Swami Sivayogi Educational Society v. National Council for Teacher Education

Case brief

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What did the court decide?

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