Disposed

St. Jacob Training College v. the Regional Director

Kerala HC12 Jan 2021WP(C)/22256/2020

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking to quash NCTE's decision to withhold admission processing for a training college. The court noted that the NCTE Committee subsequently approved a continuation order for one basic unit of 50 students.

What did the court decide?

Writ petition disposed of after noting that NCTE granted continuation order for one basic unit of 50 students.

St. Jacob Training College Vs the Regional Director — Education and Admissions | Kerala HC (2021)

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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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TUESDAY, THE 12TH DAY OF JANUARY 2021 / 22TH POUSHA, 1942

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WP(C).No.22256 OF 2020(F)

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PETITIONER:

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ST. JACOB TRAINING COLLEGE MENAMKULAM, KAZHAKUTTOM P O, THIRUVANANTHAPURAM-695582., REPRESENTED BY ITS CORPORATE MANAGER

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BY ADVS. SRI.GEORGE POONTHOTTAM (SR.) SMT.NISHA GEORGE

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RESPONDENTS:

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1 THE REGIONAL DIRECTOR NATIONAL COUNCIL FOR TEACHER EDUCATION, G-7, SECTOR10, DWARAKA, NEAR METRO STATION, NEW DELHI-110075.

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2 THE UNIVERSITY OF KERALA SENATE HOUSE CAMPUS, PALAYAM, THIRUVANANTHAPURAM-695034, REPRESENTED BY THE REGISTRAR.

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3 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, (HIGHER EDUCATION), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

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R1 BY DR.ABRAHAM P.MEACHINKARA,SC,NCTE R2 BY SHRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.22256 OF 2020(F)

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JUDGMENT

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The petitioner college, which is conducting B.Ed course on the strength of the recognition granted by the National Council for Teacher Education (NCTE) and the affiliation granted by the 2^nd respondent University of Kerala, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P16 decision taken in the 389^th meeting of the Southern Regional Committee of the NCTE held on 12^th and 14^th October, 2020 (Agenda No.1); a writ declaring that Ext.P16 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.P13 judgment and to the specific provision contained in Section 17 of the National Council for Teacher Education Act, 1993 and therefore the decision to that extent is bad in law; and a writ declaring that the St.Jacob Training College continues to enjoy valid recognition from the NCTE and is entitled to have students allotted as per Ext.P4 order.

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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 get instructions.

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WP(C).No.22256 OF 2020(F)

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On 27.10.2020, when this case was taken up for consideration along with W.P.(C).No.22291 of 2020, this Court passed the following order:

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“The learned Standing Counsel for the National Council for Teacher Education would submit that pursuant to the judgment dated 25.09.2020 in W.P.(C).No.18248 of 2020 and connected cases of this Court, a decision would be taken by the Committee on 28.10.2020.

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In the light of the above submission, if the petitioners institutions name have been included in the list, the University shall not delete the name of the petitioners institutions without informing this Court.”

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On 30.10.2020, this Court passed an interim order

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staying the operation of Ext.P16, to the extent it goes beyond the direction contained in Ext.P13, for a period of one week.

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On 15.12.2020, it was submitted by the learned

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Standing Counsel for NCTE that the explanation offered by the petitioner has already been placed in the meeting of the Southern Regional Committee of NCTE scheduled to be held on that day.

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On 22.12.2020, along with the additional statement filed

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by the learned Standing Counsel for the 1^st respondent, Annexure R1(c) decision taken in the 392^nd meeting of the Southern Regional Committee held on 15^th and 16^th December 2020 (Agenda No.1)

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WP(C).No.22256 OF 2020(F)

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was placed on record as per which, the Committee decided that the continuation order be issued to the petitioner institution for conducting B.Ed programme for one basic unit of 50 students.

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Heard the learned counsel for the petitioner, learned Standing Counsel for the 1^st respondent and also the learned Standing Counsel for the 2^nd respondent University.

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Having considered the submissions made by the learned counsel on both sides, this Court finds that by Ext.R1(c) decision, pursuant to the decision taken in the 392^nd meeting of the Southern Regional Committee of the NCTE, it is decided that the continuation order be issued to the petitioner institution for conducting B.Ed course with one basic unit of 50 students. Since the 1^st respondent has permitted the petitioner institution to conduct B.Ed course with one basic unit of 50 students, this writ petition is disposed of recording the said fact.

Sd/-

ANIL K.NARENDRAN

JUDGE

WP(C).No.22256 OF 2020(F)

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APPENDIX OF WP(C) 22256/2020

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	A TRUE COPY OF THE ORDER NO.F.KL/SEC/N/323/SRO./NCTE/2004-2005/899 DATED 25.02.2005 ISSUED BY THE NCTE.
EXHIBIT P1(a)	A TRUE COPY OF THE CORRIGENDUM NO.KL/SEC/323/SRO/NCTE/2005-2006/709 DATED 28.04.2005 ISSUED BY THE NCTE.
EXHIBIT P2	A TRUE COPY OF THE ORDER NO AC.B4/58272/2003 DATED 22.07.2005 ISSUED BY THE UNIVERSITY OF KERALA.
EXHIBIT P3	A TRUE COPY OF THE APPLICATION DATED 28.01.2015 ALONG WITH THE AFFIDAVIT.
EXHIBIT P4	A TRUE COPY OF THE ORDER F.NO./SRC/NCTE/APSOO462/B.ED/KL/2015-16 DATED 13.05.2015 ISSUED BY THE RESPONDENT
EXHIBIT P5	A TRUE COPY OF THE SHOW CAUSE NOTICE F NO.AOSOO462/2019/-102136 DATED 13.03.2019..

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EXHIBIT P6 A TRUE COPY OF THE REPLY FILED BY THE PETITIONER DATED 10.04.2019 WITHOUT ENCLOSURES. EXHIBIT P7 A TRUE COPY OF THE SHOW CAUSE NOTICE F.SRO/NCTE/APSOO462/B.ED/KL/2019/12885 DATED 10.12.2019. EXHIBIT P8 A TRUE COPY OF THE REPLY FILED BY THE PETITIONER DATED 08.01.2020, WITHOUT ENCLOSURES. EXHIBIT P9 A TRUE COPY OF THE COMMUNICATION F NO. SRC/APSOO462/384TH/{KL}/2020/114875 DATED 20.02.2020. EXHIBIT P10 A TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER DATED 04.03.2020 ALONG WITH THE DOCUMENTS.

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WP(C).No.22256 OF 2020(F)

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EXHIBIT P11	A TRUE COPY OF THE RELEVANT PAGES OF THE DECISION TAKEN BY THE RESPONDENT ON THE MEETING HELD ON 24TH AND 25TH OF AUGUST 2020.
EXHIBIT P12	A TRUE COPY OF THE ORDER NO.F.SRO/NCTE/APSOO462/B.ED/ {KL}/2020/117684 DATED 07.09.2020 ISSUED BY THE NCTE.
EXHIBIT P13	TRUE COPY OF THE JUDGMENT IN W P C NO.18243 OF 2020 DATED 25.09.2020 PASSED BY THIS HON'BLE COURT.
EXHIBIT P14	TRUE COPY OF THE COMMUNICATION NO SJTC 12/2020-21 DATED 11.10.2020 SUBMITTED BY THE PETITIONER DATED 14.10.2020, WITHOUT ANNEXURES
EXHIBIT P15	TRUE COPY OF THE STAFF LIST APPROVED BY THE 2ND RESPONDENT DATED 13.10.2020.
EXHIBIT P16	TRUE COPY OF THE RELEVANT PORTIONS OF THE 389TH SRC MEETING HELD ON 12TH AND 14TH OCTOBER 2020.

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RESPONDENTS EXHIBITS:

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ANNEXURE R1(A)	TRUE COPY OF RELEVANT PAGES OF HTE MINUTES OF 391ST MEETING OF THE SOUTHERN REGIONAL COMMITTEE, NATIONAL COUNCIL FOR TEACHER EDUCATION (NCTE) HELD ON 3.11.2020 DECIDED AS ITEM NO.31
ANNEXURE R1(B)	TRUE COPY OF THE COMMUNICATION ISSUED BY THE SOUTHERN REGIONAL COMMITTEE, NCTE DATED 09.11.2020 ISSUED TO THE PETITIONER INSTITUTION
ANNEXURE R1(C)	TRUE COPY OF THE RELEVANT PAGES OF MINUTES OF THE 392ND MEETING OF THE SOUTHERN REGIONAL COMMITTEE HELD ON 15TH – 16TH DECEMBER,2020

St. Jacob Training College v. the Regional Director

Case brief

What is this about?

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St. Jacob Training College v. the Regional Director

Case brief

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