Partly allowed

Fathima Memorial Training College, v. University of Kerala

Kerala HC21 Nov 2022WP(C)/3022/2019

Case brief

AI extract

What is this about?

High Court permitted a training college to conduct its M.Ed program, observing that its NCTE recognition remained valid pending a final decision by the NCTE's Southern Regional Committee on affiliation withdrawal. The petitioner sought a directive for the University to allow the course, challenging any impediment to its functioning during the pendency of regulatory proceedings. The court directed

What did the court decide?

Petitioner directed to conduct M.Ed course until final decision taken by NCTE's Southern Regional Committee.

Fathima Memorial Training College, Vs University of… — Education and Admissions | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶4

MONDAY, THE 21^ST DAY OF NOVEMBER 2022 / 30TH KARTHIKA, 1944

¶5

WP(C) NO. 3022 OF 2019

¶6

PETITIONER:

¶7

FATHIMA MEMORIAL TRAINING COLLEGE, PALLIMUKU, VADAKKEVILA, KOLLAM, REPRESENTED BY ITS CHAIRMAN, A. YOUNUS KUNJU.

¶8

BY ADVS. M.R.ANISON SMT.P.A.RINUSA

¶9

RESPONDENTS:

¶10

1 UNIVERSITY OF KERALA, REPRESENTED BY ITS REGISTRAR, UNIVERSITY OF KERALA, PALAYAAM, THIRUVANANTHAPURAM-695034.

¶11

2 NATIONAL COUNCIL FOR TEACHER EDUCATION, SOUTHERN REGIONAL COMMITTEE REPRESENTED BY ITS REGIONAL DIRECTOR, G-7, SECTOR-10, DWARAKA, NEAR METRO STATION, DELHI-110 075.

¶12

BY ADVS. DR.ABRAHAM P.MEACHINKARA,SC,NCTE SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA

¶13

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶14

WP(C) NO. 3022 OF 2019

¶15

-2-

¶16

JUDGMENT

¶17

The sole question in this case is whether

¶18

petitioner is enjoying recognition from the National Council for Teacher Education ('NCTE'), to continue the functioning of M.Ed College - 'Fathima Memorial Training College, Pallimukku ('College', for short).

¶19

Sri.M.R.Anison – learned counsel for the

¶20

petitioner, showed me Ext.P1 order of recognition issued by the 'NCTE' and argued that, unless it is expressly withdrawn, it would be construed to be in effect; and consequently, that the 1^st respondent – University of Kerala (University) is obliged to allow his client to continue their course, without any impediment.

¶21

Interestingly, Dr.Abraham P.Meachinkara

¶22

– learned Standing Counsel for the 'NCTE',

¶23

submitted that the question regarding the

¶24

WP(C) NO. 3022 OF 2019

¶25

-3-

¶26

withdrawal of affiliation to the petitioner is

¶27

still pending before the Southern Regional Committee (SRC) of the 'NCTE'; and conceded that, going by Ext.P5, once the earlier order of

¶28

the said Committee had been set aside by the Appellate Committee and remanded to it for fresh consideration, it will be deemed that until it takes a final decision, the earlier recognition will continue to operate in favour of the College.

¶29

It is, therefore, obvious that there can

¶30

be no objection for the University in allowing the petitioner to continue the course; and this

¶31

is affirmed by Sri.Thomas Abraham – their learned Standing Counsel. He, in fact, added

¶32

that, if the 'NCTE' does not stand in the way,

¶33

his client will take necessary action on the request of the petitioner.

¶34

In the afore circumstances, I order this

¶35

WP(C) NO. 3022 OF 2019

¶36

-4-

¶37

writ petition, recording the afore submissions

¶38

of Dr.Abraham P.Meachinkara; and resultantly, direct the 1^st respondent – University, to allow the petitioner to conduct the 'M.Ed course' as per Ext.P1 recognition, until such time as a final decision is taken by the SRC.

¶39

Sd/DEVAN RAMACHANDRAN JUDGE

¶40

akv

¶41

WP(C) NO. 3022 OF 2019

¶42

-5-

¶43

APPENDIX OF WP(C) 3022/2019

¶44

PETITIONER EXHIBITS

¶45

EXHIBIT P1	TRUE COPY OF THE ORDER BEARING NO.F.SRO/NCTE/APSO4145/M.ED/KL/2015- 16/66381 DATED 31.5.2015 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P2	TRUE COPY OF LETTER NO.F.NO.SRO/NCTE/APS00421/B.ED/VT/KL/2016- 2017/86985 DATED 27.6.2016 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P3	A TRUE COPY OF LETTER NO.51/2016 DATED 18.7.2016 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
EXHIBIT P4	A TRUE COPY OF THE LETTER NO.AC.BII/03/13266/2016 DATED 18.3.2016 ISSUED BY THE IST RESPONDENT.
EXHIBIT P5	TRUE COPY OF THE APPELLATE ORDER BEARING NO.89-60/E-243803/2022 APPEAL/5TH MEETING, 2022 APPLSRC202214290 DATED 12/7/2022 ISSUED BY THE APPELLATE AUTHORITY NATIONAL COUNCIL FOR TEACHER EDUCATION,
EXHIBIT P6	TRUE COPY OF THE NOTICE BEARING NO.SRC/NCTE/APSO4145/M.ED/KE/2022/1345 50, DATED 5/9/2022 ISSUED BY THE 2ND RESPONDENT
EXHIBIT P7	TRUE COPY OF THE COVERING LETTER DATED 13/09/2022 ALONG WITH RELEVANT PAGES OF THE DOCUMENTS ATTACHED THEREWITH SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

Fathima Memorial Training College, v. University of Kerala

Case brief

What is this about?

What did the court decide?

Fathima Memorial Training College, v. University of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Scariakutty C.V. Vs State of Kerala

Dr. Jithin Suresh Vs State of Kerala

Athulya S., Vs State of Kerala

Dr.Anitha C.S Vs State of Kerala

Abinsha S. Vs the Kerala University of Health Sciences

Krishnapriya Jayan Vs Kerala University of Health Sciences(Kuhs)