NCTE Court dismissed a writ petition seeking mandate affiliation for a second B.Ed unit because the petitioner requested withdrawal after NCTE later reduced recognition to one unit.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
MONDAY, THE 11TH DAY OF JANUARY 2021 / 21TH POUSHA, 1942
W.P(C) No.12 OF 2021(B)
PETITIONER:
MANGALAM COLLEGE OF EDUCATION, MANGALAM HILLS, VETTIMUKAL P.O., ETTUMANOOR, KOTTAYAM-686 631 REPRESENTED BY ITS MANAGER, BIJU VARGHESE.
BY ADVS. SRI.K.J.SAJI ISAAC DR.ELIZABETH VARKEY SRI.JITHIN SAJI ISAAC
RESPONDENTS:
1 MAHATMA GANDHI UNIVERSITY PRIYADARSINI HILLS POST OFFICE, UNIVERSITY CAMPUS ROAD, ATHIRAMPUZHA, KOTTAYAM-686 560 REPRESENTED BY ITS REGISTRAR.
2 THE CHANCELLOR, MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS POST OFFICE, CAMPUS ROAD, ATHIRAMPUZHA, KOTTAYAM-686 560 REPRESENTED BY ITS REGISTRAR.
3 NATIONAL COUNCIL FOR TEACHER EDUCATION, JNANA BHARATHI CAMPUS ROAD, OPP. NATIONAL LAW SCHOOL, NAGARBHAVI, BANGALORE-560 072 REPRESENTED BY ITS REGIONAL DIRECTOR.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C) No.12 OF 2021(B)
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JUDGMENT
The petitioner, which is a B.Ed College conducting B.Ed course with an intake of 50 seats, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 1 and 2 to grant affiliation to the petitioner for B.Ed course for the second basic unit of 50 students, for the academic year 2020-21, in the light of the recognition granted by the 3rd respondent National Council for Teacher Education in Ext.P4 order dated 18.12.2020.
“The recognition granted to the petitioner college in Ext.P1, after the National Council for Teacher Education (Recognition, Norms and Procedure) Regulations, 2014 (for brevity 'the NCTE Regulations, 2014') is for B.Ed course with two basic units of 50 students each. However, on the basis of a request made by the petitioner, the intake was reduced to one basic unit with 50 students, with effect from 2017-18, as evident from Ext.P2 order dated 28.09.2017.
The proceedings initiated by the 3rd respondent NCTE for withdrawal of that recognition, invoking provisions under subsection (1) of Section 17 of the National Council for Teacher
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Education Act, 1993 culminated in Ext.P3 order dated 21.9.2020, withdrawing the recognition for B.Ed course with an intake of one basic unit with 50 seats, which was under challenge in an appeal filed before the Appellate Authority invoking the provisions under Section 18 of the Act.
The document marked as Ext.P4 is a copy of the order passed by NCTE pursuant to the decision taken by the Appellate Authority, in which the petitioner institution is granted continuation of recognition for B.Ed course, with an intake of two basic units of 50 students each.
The learned Standing Counsel for NCTE seeks time to get instructions.”
Recording the aforesaid submission made by the learned counsel for the petitioner, this writ petition is dismissed as withdrawn.
Sd/-
ANIL K. NARENDRAN JUDGE
bpr
MANGALAM COLLEGE OF EDUCATION, MANGALAM HILLS, VETTIMUKAL P.O., ETTUMANOOR, KOTTAYAM-686 631
MAHATMA GANDHI UNIVERSITY PRIYADARSINI HILLS POST OFFICE, UNIVERSITY CAMPUS ROAD, ATHIRAMPUZHA, KOTTAYAM-686 560
THE CHANCELLOR, MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS POST OFFICE, CAMPUS ROAD, ATHIRAMPUZHA, KOTTAYAM-686 560
NATIONAL COUNCIL FOR TEACHER EDUCATION, JNANA BHARATHI CAMPUS ROAD, OPP. NATIONAL LAW SCHOOL, NAGARBHAVI, BANGALORE-560 072
ANIL K.NARENDRAN
As recorded by the court registry
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