Disposed

Meppayur Salafi Training College v. National Council for Teacher Education

Kerala HC6 Nov 2020WP(C)/22298/2020

Case brief

AI extract

What is this about?

Petitioner college challenged NCTE's withdrawal of recognition. Court noted subsequent recall of the disputed decision in a later meeting and disposed of the petition by confirming the continuation of recognition.

What did the court decide?

Confirmation that petitioner college has continuation of recognition for B.Ed programme for 1 basic unit of 50 students for current academic year.

Meppayur Salafi Training College Vs National Council… — 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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FRIDAY, THE 06TH DAY OF NOVEMBER 2020 / 15TH KARTHIKA, 1942

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WP(C).No.22298 OF 2020(J)

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PETITIONER:

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MEPPAYUR SALAFI TRAINING COLLEGE IRINGATH, PAYYOLI, ANGADI P.O., KOZHIKODE - 673523 REPRESENTED BY ITS PRINCIPAL, DR. E. DINESHAN.

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BY ADVS.SRI.K.I.MAYANKUTTY MATHER KUM.NARAYANI HARIKRISHNAN

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RESPONDENTS:

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1 NATIONAL COUNCIL FOR TEACHER EDUCATION, SOUTHERN REGIONAL COMMITTEE, G-7, DWARKA SECTOR 10, NEW DELHI G.P.O-110 075, REPRESENTED BY ITS REGIONAL DIRECTOR.

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2 THE UNIVERSITY OF CALICUT, THENJIPALAM P O, MALAPPURAM – 673 635 REPRESENTED BY ITS REGISTRAR.

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3 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, (HIGHER EDUCATION), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM G.P.O.-695 001.

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R1 BY DR.ABRAHAM P.MEACHINKARA,STANDING COUNSEL, NCTE R2 SRI.P.C.SASIDHARAN, STANDING COUNSEL

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R3 SRI.SUNIL NATH N.B., GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.22298 OF 2020(J)

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JUDGMENT

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The petitioner, a training college conducting B.Ed course with the recognition of the 1^st respondent NCTE, after obtaining affiliation from 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.P6 decision No.1 taken in the 389^th meeting of the Southern Regional Committee of NCTE held on 12.10.2020 and 14.10.2020, in so far as it relates to the petitioner college and quash the same to that extent by means of an appropriate writ or order. The petitioner has also sought for a writ of mandamus commanding the 1^st respondent to afford him an effective opportunity to clarify the alleged deficiencies pointed out in Ext.P6 and directing the 1^st respondent to take a fresh decision in the matter, in accordance with law, and after affording the petitioner an effective opportunity of being heard; and a declaration that the petitioner college is eligible to make admissions in the current academic year 2020-22 and entitled to get allotment of students in the allotment process for this year.

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On 20.10.2020, when this writ petition came up for admission, the learned Standing Counsel for NCTE sought time to

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W.P.(C) No.22298 OF 2020(J)

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get instructions. Thereafter, on 23.10.2020, when this writ petition came up for consideration, the learned Standing Counsel sought further time. On 28.10.2020, this Court ordered that pending disposal of this writ petition, the 2^nd respondent University shall not remove the petitioner college from the list prepared for allotment of students for B.Ed programme.

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On 02.11.2020, when this writ petition came up for consideration, the learned counsel for the petitioner submitted that the 1^st respondent NCTE has already withdrawn Ext.P6 decision, in so far as the petitioner college is concerned in the 390^th meeting of the Southern Regional Committee held on 28^th and 29^th October, 2020. The learned Standing Counsel for NCTE sought time to get instructions.

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Today, when this writ petition is taken is taken up for consideration, an additional statement has been filed on behalf of the 1^st respondent, through the learned Standing Counsel for NCTE, producing therewith Annexure R1(A) minutes of 390^th meeting of the Southern Regional Committee of NCTE held on 28^th and 29^th October, 2020, as per which, vide decision No.1, the Committee decided that the continuation order be issued to the

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W.P.(C) No.22298 OF 2020(J)

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petitioner college for B.Ed programme for 1 basic unit of 50 students. In paragraph 3 of the additional statement, it is stated that in the light of Annexure R1(A) decision (decision No.1), Ext.P6 decision (decision No.105) taken by the Southern Regional Committee of NCTE in its 389^th meeting held on 12^th and 14^th October, 2020 is recalled.

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In such circumstances, this writ petition is disposed of recording the fact that Ext.P6 decision taken by the Southern Regional Committee of the 1^st respondent NCTE has already been recalled by Annexure R1(A) (decision No.1) and as such, the petitioner college is having continuation of recognition for B.Ed programme, for the current academic year 2020-21, for 1 basic unit of 50 students.

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Sd/- ANIL K. NARENDRAN JUDGE

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bpr

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W.P.(C) No.22298 OF 2020(J)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE RECOGNITION GRANTED BY THE 1ST RESPONDENT DATED 09.06.1998.
EXHIBIT P2	TRUE COPY OF THE LATEST PROVISIONAL AFFILIATION ORDER GIVEN BY THE 2ND RESPONDENT-UNIVERSITY DATED 4.2.2019.
EXHIBIT P3	TRUE COPY OF THE ORDER OF RECOGNITION GIVEN BY THE 1ST RESPONDENT DATED 15.05.2015.
EXHIBIT P4	TRUE COPY OF THE FINAL SHOW CAUSE NOTICE DATED 1.9.2020.
EXHIBIT P5	TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 17.09.2020
EXHIBIT P6	TRUE COPY OF THE RELEVANT EXTRACT OF THE MINUTES OF THE 389TH MEETING OF THE SOUTHERN REGIONAL COMMITTEE OF THE 1ST RESPONDENT DATED 12.10.2020 AND 14.10.2020.
EXHIBIT P7	TRUE COPY OF THE BUILDING COMPLETION CERTIFICATE GIVEN BY THE ASSISTANT EXECUTIVE ENGINEER, PWD BUILDING DIVISION, KOYILANDY, DATED 09.09.2020.
EXHIBIT P7(a)	TRUE COPY OF THE CERTIFICATE ISSUED BY THE THURAYOOR GRAMA PANCHAYATH DATED 07.09.2020.
EXHIBIT P7(b)	TRUE COPY OF THE FITNESS CERTIFICATE ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER, PWD BUILDINGS SUB DIVISION, KOYILANDY DATED 09.09.2020.
EXHIBIT P8	TRUE COPY OF THE FORMAT FOR PARTICULARS OF STAFF AUTHENTICATED BY THE REGISTRAR, CALICUT UNIVERSITY DATED 09.09.2020.
EXHIBIT P9	TRUE COPY OF THE JUDGMENT IN WP(C) NO. 20168/2020 AND CONNECTED CASES OF THIS HON'BLE COURT DATED 7.10.2020

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W.P.(C) No.22298 OF 2020(J)

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EXHIBIT P10 TRUE COPY OF THE APPROVAL LETTER ISSUED BY THE UNIVERSITY OF CALICUT. EXHIBIT P11 TRUE COPY OF THE DRAWING ABOUT THE CLASS ROOMSA AND BUILDINGS OF THE PETITIONER COLLEGE AUTHOENTICATED BY THE EXECUTIVE ENGINEER, PWD, KOZHIKODE AND OTHERS. EXHIBIT P12 TRUE COPY OF THE LOCATION SKETCH ISSUED BY THE TAHSILDAR, KOYILANDY.

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RESPONDENTS'EXHIBITS: NIL

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ANNEXURE R1(A) TRUE COPY OF THE MINUTES OF THE 390TH MEETING OF THE SOUTHERN REGIONAL COMMITTEE, NATIONAL COUNCIL FOR TEACHER EDUCATION THROUGH VIRTUAL TELE CONFERENCE HELD IN NEW DELHI ON 28TH AND 29TH OCTOBER, 2020.

Meppayur Salafi Training College v. National Council for Teacher Education

Case brief

What is this about?

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Meppayur Salafi Training College v. National Council for Teacher Education

Case brief

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