Writ petition seeking mandamus for recognition of a College of Education. Court stayed recognition proceedings and directed the regulator to seek views from the university within four weeks.
Directed the second respondent to furnish recommendations within four weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
HON’BLE Mr. JUSTICE R. SUBHASH REDDY
Writ Petition No.24589 of 2006
Dated: December 06, 2006
Between:
Andhra Pradesh Girijana Sevak Sangh, Regd. No. 22/1986, Nandigama, Krishna District, Rep. By its Secretary Mr. M.K. Tirupathi Rao and two others.
… Petitioners
And
National Council for Teachers Education, rep. by its Regional Director, Southern Regional Committee, NCTE, 1st floor, CSD Building, HMT Post, Bangalore, and two others.
… Respondents
Order:
This Writ Petition has been filed seeking Mandamus to declare the action of the respondents in not granting recognition for establishing a College of Education at Vijayawada, Krishna District, as illegal and arbitrary and a consequential direction to the first respondent to grant recognition to start a College of Education.
2. The first petitioner-society with intent to start a College of Education sought permission from the first respondent, a statutory body constituted under the National Council for Teacher Education Act, 1993 (‘the Act’ for brevity) to establish the second petitionercollege.
A representation dated 21-03-2005 was made by the first petitioner in that regard. Thereafter, the first respondent addressed letter dated 12-05-2006 to the petitioners pointing out some deficiencies and granted time to the petitioners to make good of the said deficiencies. The first respondent has also addressed letter dated 01-11-2006 to the second respondent soliciting its views as per regulation 7(2)(IV) of the regulations with regard to recognition norms and procedures, while enclosing the application submitted by the petitioners.
3. The grievance of the petitioners is that though permission was being sought from the last academic year, no permission has been granted yet.
4. It is to be seen that the first respondent has addressed letter to the second respondent only on 01-11-2006. Even as per the regulations framed in this regard, the second respondent has got sixty days time, from the date of receipt of the letter addressed by the first respondent, to furnish its recommendations.
5. In the circumstances, I deem it appropriate to dispose of the Writ Petition directing the second respondent to furnish its recommendations, pursuant to the letter dated 01-11-2006 issued by the first respondent, within a period of four weeks from the date of receipt of this order. Basing on such recommendations, it is open for the first respondent to take appropriate decision on the application filed
by the petitioners after making necessary inspection.
6. Subject to the above directions, the Writ Petition is disposed of. No order as to costs.
JUSTICE R. SUBHASH REDDY.
December 06, 2006 MRR
1 issue framed by the court
Whether the delay in granting recognition for establishing a College of Education warrants judicial intervention.
Andhra Pradesh Girijana Sevak Sangh
National Council for Teachers Education
R. SUBHASH REDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
