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2025 DAILYLAW 25234 (KAR)

PREMA KANTHI COLLEGE OF EDUCATION v. NATIONAL COUNCIL FOR

WP/12562/2025 · 2025-04-26

S R Krishna Kumar

body2025

Judgment text

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- 1 - NC: 2025:KHC:17244 WP No. 12562 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 12562 OF 2025 (EDN-RES) BETWEEN: PREMA KANTHI COLLEGE OF EDUCATION A UNIT OF PREMAKANTHI EDUCATIONAL AND CHARITABLE TRUST (EARLIER KNOW AS SRI DEVI SHARADA COLLEGE OF EDUCATION) HAVING ITS REG. OFF @ BHANDARKARS COMPLEX, KULUR FERRY ROAD, MANNAGUDDA, MANAGLORE-575003 REPRESENTED BY ITS PRINCIPAL ARJUN V.S. S/O VEERANNA. …PETITIONER (BY SRI. AKASH B SHETTY, ADV.) 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, Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17244 WP No. 12562 of 2025 NEW DELHI-110075 REP. BY ITS MEMBER SECRETARY. …RESPONDENTS (BY SRI. VINOD KUMAR, ADV.) THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED WITHDRAWAL ORDER DATED 07.01.2022 BEARING F.SRO/NCTE/APS03757/B.ED./(KA)/2021/ 129831 ISSUED BY THE R-1 WITHDRAWING RECOGNITION FOR CONDUCTING B.ED COURSE VIDE ANNX-A AND DIRECT THE R-1 TO CONSIDER THE REPRESENTATION ALONG WITH DOCUMENTS SUBMITTED BY THE PETITIONER DATED 04.10.2024 PRODUCED AT ANNX-D SEEKING TO RE-CONSIDER THE ORDER OF RECOGNITION IN ACCORDANCE WITH LAW, WITHOUT REFERENCE TO THE WITHDRAWAL ORDER DATED 07.01.2022 PRODUCED AT ANNX-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following reliefs: “I. Quash the impugned withdrawal order dated 07.01.2022 bearing F.SRO/NCTE/APS03757/ B.Ed./{KA}/2021/29831 issued by Respondent No.1 withdrawing recognition for conducting B.Ed course, vide Annexure-A. - 3 - NC: 2025:KHC:17244 WP No. 12562 of 2025 II. Issue a writ of mandamus directing Respondent No.1 to consider the representation along with documents submitted by the petitioner dated 04.10.2024 produced at Annexure-D seeking to re- consider the order of recognition in accordance with law, without reference to the withdrawal order dated 07.01.2022 produced at Annexure-A. III. 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 07.01.2022, respondent No.1 withdrew recognition granted in favour of the petitioner. Thereafter, the petitioner submitted representation on 04.10.2024 to the respondents for re-consideration of the request of the petitioner not to withdraw the recognition and as such, the petitioner is before this Court by way of the present petition. - 4 - NC: 2025:KHC:17244 WP No. 12562 of 2025 4. Per contra, learned counsel for the respondents submits that there is no merit in the writ petition and that the same is liable to be dismissed. 5. Though several contentions have been urged by the petitioner in their claim, having regard to the fact that request of the petitioner for reconsideration of their request was not considered by the respondents, I deem it just and appropriate to set aside the impugned withdrawal order at Annexure-A dated 07.01.2022 and direct respondent No.1 to reconsider the representation at Annexure-D dated 04.10.2024 submitted by the petitioner, in accordance with law, within a stipulated timeframe. 6. In the result, I pass the following: ORDER i. The Writ Petition is hereby allowed. ii. The impugned withdrawal order at Annexure-A dated 07.01.2022 is hereby quashed. - 5 - NC: 2025:KHC:17244 WP No. 12562 of 2025 iii. The matter is remitted back to respondent No.1 for reconsideration of the matter 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. Sd/- (S.R.KRISHNA KUMAR) JUDGE MPK CT:bms List No.: 1 Sl No.: 7