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2025 DAILYLAW 24456 (KAR)

GURUKUL COLLEGE OF EDUCATION (B. ED) v. NATIONAL COUNCIL FOR TEACHERS EDUCATION (NCTE SRC)

WP/11728/2025 · 2025-04-22

S R Krishna Kumar

body2025

Judgment text

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- 1 - NC: 2025:KHC:16659 WP No. 11728 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 11728 OF 2025 (EDN-RES) BETWEEN: GURUKUL COLLEGE OF EDUCATION (B. ED) A UNIT OF SUNITHA MAHILA MANDALI (R) MYSORE-570016 PLOT NO.120, SY NO. 46, METGALLI, BELGOLA INDUSTRIAL AREA, REPRESENTED BY ITS PRINCIPAL VIJAYA KUMAR. K. …PETITIONER (BY SRI. AKASH B SHETTY, ADVOCATE) AND: 1. NATIONAL COUNCIL FOR TEACHERS EDUCATION (NCTE SRC) G-7, SECTOR-10, DWARKA NEW DELHI-110075 REPRESENTED BY ITS REGIONAL DIRECTOR SOUTHERN REGIONAL COMMITTEE 2. NATIONAL COUNCIL FOR TEACHERS EDUCATION (NCTE) G-7, SECTOR-10, DWARKA NEW DELHI-110075 REPRESENTED BY ITS MEMBER SECRETARY …RESPONDENTS (BY SRI.VINOD KUMAR, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE REJECTION ORDER DATED 3RD AND 4TH MARCH 2025 IN ITS 454 MEETING REJECTING THE APPLICATION FOR RECOGNITION PRODUCED AT ANNEXURE-N AND ISSUE RESTORATION ORDER TO CONDUCT B ED COLLEGE OF TWO YEARS PROGRAMME WITH ANNUAL INTAKE OF 100 STUDENTS, FOR THE ACADEMIC YEAR 2025-2026. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - NC: 2025:KHC:16659 WP No. 11728 of 2025 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks for the following reliefs: a. Issue a writ in the nature or certiorari quashing the rejection order dated 3rd and 4th March 2025 in its 454 meeting rejecting the application for recognition produced at Annexure-N and issue restoration order to conduct B Ed College of two years programme with annual intake of 100 students, for the academic year 2025-2026. b. Direct the Respondent No.1 to consider the representation along with documents submitted by the Petitioner dated 03.09.2024 produced at Annexure-M seeking to re-consider the order of recognition in accordance with law, without reference to the withdrawal order dated 01.10.2018 and to grant such other reliefs as this Hon’ble Court deems fit to grant in the facts and circumstances of the case.” 2. Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record. 3. A perusal of the material on record will indicate that on 01.10.2018, respondent No.1 – NCTE withdrew recognition of the - 3 - NC: 2025:KHC:16659 WP No. 11728 of 2025 petitioner-institution, pursuant to which, petitioner submitted a representation to respondent No.1 with relevant documents seeking recognition to start two units of fifty students. Since the said representation was not considered by the respondent, petitioner approached this Court in W.P.No.5538/2024, which was disposed of vide order dated 08.08.2024 as under: In this petition, the petitioner seeks the following: a) Quash 01/10/2018 order the impugned withdrawal dated bearing No.SRO/NCTE/APSO2383/B.Ed./ ΚΑ/2019/110092-0097 issued by Respondent No.1 withdrawing the recognition granted to the Petitioner to run B. Ed course of two years produced as Annexure "J"; b) Issue a writ of mandamus directing the Respondent to consider the representation dated 08/12/2023 seeking reconsideration of the recognition to start B.Ed. Course, produced at Annexure L." 2. After arguing the matter for sometime, the learned counsel for the petitioner submits that the petition may be disposed of directing the respondents to consider the Representation dated 08.12.2023 [Annexure-L] submitted by the petitioner within the stipulated time frame and reserving liberty in favour of the petitioner to approach this Court once again, if the occasion so arises in relation to the other - 4 - NC: 2025:KHC:16659 WP No. 11728 of 2025 contentions/reliefs urged and sought for by the petitioner. 3. Per contra, the learned counsel for the respondents submits that if reasonable time is granted, the concerned respondents shall consider and pass appropriate orders on the representation submitted by the petitioner in accordance with law. 4. In view of the aforesaid facts and circumstances, I deem it just and appropriate to dispose of this petition directing the concerned respondents to address the grievances of the petitioner and pass appropriate orders on the Representation dated 08.12.2023 [Annexure-L] submitted by the petitioner for reconsideration of the recognition granted to conduct B.Ed Course in its College in accordance with law within a period of four [4] weeks from the date of receipt of a copy of this order. Liberty is also reserved in favour of the petitioner to take recourse to such remedies as available in law including approaching this Court in relation to other reliefs/contentions urged and sought for by him subsequently. Subject to the aforesaid directions and liberty in favour of the petitioner, the petition stands disposed of. - 5 - NC: 2025:KHC:16659 WP No. 11728 of 2025 4. Subsequently, petitioner submitted another representation dated 03.09.2024 seeking issuance of order of recognition despite which, the respondent rejected the representation vide impugned order dated 03/04.03.2025 at Annexure-N without considering the representation submitted by the petitioner, who is before this Court by way of the present petition. 5. Per contra, learned counsel for the respondent submits that there is no merit in the petition and the same is liable to be dismissed. 6. A perusal of the impugned order at Annexure-N will indicate that representation and documents submitted by the petitioner was not considered by respondent and consequently, in the light of the judgment of this Court in the cases of Nija Sharana Ambigara Chowdaiah Maha Vidya Peetha Society Vs. National Council for Teachers Education and Anr., - W.P.No.21216/2024 dated 30.08.2024 at Annexure-P and ASAD Education Society Vs. National Council of Teacher Education and Anr – W.P.No.28988/2023 dated 12.08.2024 at Annexure-Q and in order to enable the respondent to reconsider the application afresh, I - 6 - NC: 2025:KHC:16659 WP No. 11728 of 2025 deem it just and appropriate to set aside and remit the matter back for respondent No.1 for reconsideration afresh in accordance with law. 7. In the result, I proceed to pass the following: ORDER i) Petition is hereby allowed. ii) The impugned order dated 03/04.03.2025 at Annexure-N passed by respondent No.1 is hereby quashed. iii) The matter is remitted back to respondent No.1 for reconsideration afresh in accordance with law. iv) Liberty is reserved in favour of the petitioner to file documents, pleadings etc., before respondent No.1, within a period of four weeks from today, who shall consider the same and pass appropriate order in accordance with law. v) All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS;List No.: 3 Sl No.: 5