- 1 - HC-KAR NC: 2025:KHC-D:8329 WP No. 103875 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 103875 OF 2025 (EDN-RES) BETWEEN: 1. DR. VEERANNA C. CHAIRANTHIMATT, S/O. LATE CHANDRA SHEKARAIH, AGED ABOUT 67 YEARS, CHAIRMAN B V V SANGHA, BAGALKOT, R/O. SHIVASHAKTHI SAMRIDDHI NILAYAM, S. NIJALINGAPPA MEDICAL COLLEGE CAMPUS, NAVANAGAR, BAGALKOT, DIST: BAGALKOT-587103, KARNATAKA STATE. 2. BASAVESHWAR ARTS COLLEGE, R/BY ITS CHAIRMAN OF B.V.V. SANGHA, BAGALKOTE, OLD B.V.V.S. CAMPUS, RAICHUR BELAGAVI ROAD, BAGALKOT, DIST: BAGALKOT-587103, KARNATAKA STATE. 3. BASAVESHWAR SCIENCE COLLEGE, REP. BY ITS CHAIRMAN OF B.V.V. SANGHA, BAGALKOTE, OLD B.V.V.S. CAMPUS, RAICHUR BELAGAVI ROAD, BAGALKOT, DIST: BAGALKOT-587 103, KARNATAKA STATE. 4. B.V.V. SANGHA SHRI S.R. KANTHI ARTS COMMERCE AND SCIENCE COLLEGE, MUDHOL, REP. BY ITS CHAIRMAN OF B.V.V. SANGHA, BAGALKOTE, NEAR MAHARANI LAKE, B.V.V.S. CAMPUS, MUDHOL, VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8329 WP No. 103875 of 2025 TQ: MUDHOL, DIST: BAGALKOT-587313, KARNATAKA STATE. …PETITIONERS (BY SRI. G.K. HIREGOUDAR & SRI. OMKAR L. DESAI, ADVOCATES) AND: 1. NATIONAL COUNCIL FOR TEACHER EDUCATION, SOUTHERN REGIONAL COMMITTEE, BY ITS CHAIRMAN, G-7, SECTOR-10, DWARKA, NEW DELHI-110075. 2. UNION OF INDIA, THROUGH ITS SECRETARY, DEPARTMENT OF EDUCATION, 392-C, SHASTRI BHAWAN, NEW DELHI-110001. …RESPONDENTS (BY SRI. ANOOP G. DESHPANDE, ADVOCATE FOR R1; SRI. M.B. KANAVI, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY APPROPRIATE WRIT OR ORDER OR DIRECTION TO THE SOUTHERN REGIONAL COMMITTEE, NATIONAL COUNCIL FOR TEACHER EDUCATION (NCTE) TO GRANT MODIFIED RECOGNITION FOR CONDUCTING THE INTEGRATED TEACHER EDUCATION PROGRAMME (ITEP) FROM THE PRESENT ACADEMIC SESSION 2025- 26 IN PLACE OF ACADEMIC SESSION 2026-27 AND PERMIT THE PETITIONER COLLEGES TO COMMENCE THE SAID PROGRAMME FROM THE PRESENT ACADEMIC SESSION 2025-26 AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:8329 WP No. 103875 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) 1. Heard learned counsels Sri.G.K.Hiregoudar and Sri.Omkar L.Desai for the petitioners and the learned counsels Sri.Anoop Deshpande for respondent No.1 and Sri.M.B.Kanavi for respondent No.2. 2. The present petition is filed challenging the action of National Council for Teachers Education (NCTE) in granting recognition for the Integrated Teacher Education Programme (ITEP) for the academic year 2026- 27 instead of 2025-26. 3. It is the case of the petitioners that this petition is filed by the Chairman, B.V.V.Sangha, Bagalkot along with three other different composite colleges of the Sangha which had applied for grant of recognition for the Integrated Teacher Education Programme (ITEP) for the Academic Sessions 2025-26. The petitioner Nos.2 to 4 are the Colleges in B.V.V.Sanghas who had applied for - 4 - HC-KAR NC: 2025:KHC-D:8329 WP No. 103875 of 2025 accreditation before the National Assessment and Accreditation Council (NAAC) in the year 2020 and the Director, National Assessment and Accreditation Council has also issued Certificate of Accreditation to these three institutions. It is submitted that the National Council for Teacher Education has issued Public Notice on 22.04.2024 inviting applications for the Academic Sessions 2025-26 for the 4th phase of Integrated Teacher Education Programme. Pursuant to the public notice issued by the National Council for Teacher Education, the petitioner institutions with an intention to start 4th year Integrated Teacher Education Programme, applied for No Objection Certificate from the concerned University. Pursuant to such request, Bagalkot University had issued NOC on 20.05.2024 in favour of petitioner Nos.2 to 4. It is submitted that the petitioners sent a letter to the Government of Karnataka seeking NOC in favour of petitioner Nos.2 to 4-College and permit them to start Integrated Teacher Education Programme. Thereafter, the - 5 - HC-KAR NC: 2025:KHC-D:8329 WP No. 103875 of 2025 Chairman of B.V.V.Sangha, Bagalkot issued Board Resolution dated 22.05.2024 giving permission to petitioner Nos.2 to 4 to apply for 4th year Integrated Education Programme for the year 2025-26. It is further submitted that after complying all the formalities and obtaining necessary permission from the concerned authorities, the petitioner Nos.2 to 4 had applied before the National Council for Teacher Education for Integrated Teacher Education Programme for the Academic Sessions 2025-26. Furthermore, the National Testing Agency issued National Common Entrance Test 2025 for the purpose of conducting examination of the National Council for Teacher Education 2025. Pursuant to the application filed by the petitioner-Colleges, the National Council for Teacher Education after scrutinizing the documents submitted by the petitioner-Institutions and after verifying the visiting team report, satisfying the availability of infrastructure in the Colleges, issued letter of intent in favour of the petitioner-Colleges. It is contended that the petitioner - 6 - HC-KAR NC: 2025:KHC-D:8329 WP No. 103875 of 2025 Colleges had applied recognition for the Academic Year 2025-26, but the NCTE issued recognition to petitioner Nos.2 to 4 for ITEP for the Sessions 2026-27. It is submitted that the petitioner Colleges had fully complied with all statutory formalities, obtained requisite NOCs, submitted online applications, and received letters of Intent from NCTE based on site inspections. Despite such compliance, the NCTE failed to grant recognition for 2025- 26. The petitioners are aggrieved by this decision as the counseling for the year 2025-26 sessions is yet to begin, and denial of recognition would lead to irreparable loss and waste of academic infrastructure and faculty resources and financial loss. 4. It is submitted that earlier the petitioners had approached the Hon’ble Supreme Court, and the case was dismissed with liberty to approach the jurisdictional High Court. Hence, the petitioners have approached this Court seeking a writ of mandamus directing the NCTE to include their colleges in the list of recognized institutions for the - 7 - HC-KAR NC: 2025:KHC-D:8329 WP No. 103875 of 2025 Academic Sessions 2025-26, enabling them to admit the students through the counseling process post NCET results. 5. Learned counsel for respondent No.1 contends that the present petition may not be maintainable in view of alternative efficacious remedy available under Section 18 of the National Council for Teacher Education Act, 1993. 6. I have heard the learned counsel for both parties. 7. Respondent No.1 has infact granted recognition but instead of giving recognition for Academic Sessions 2025-26, has given recognition for the Academic Sessions 2026-27. There are set time lines and guidelines stipulated in the application, consideration of the same and issuance of the letter of intent, grant or refusal of recognition and issuance of formal order of recognition. This aspect has been clearly dealt with by the Hon’ble Apex Court in the - 8 - HC-KAR NC: 2025:KHC-D:8329 WP No. 103875 of 2025 case of MAA VAISHNO DEVI Vs. STATE OF UTTAR PRADESH reported in (2013) 2 SCC 617. 87.1. Schedule for Recognition and Affiliation 87.1.1. Submission of applications for recognition in terms of Regulation 5(4) 1st September to 1st October of the year immediately preceding the relevant academic year 87.1.2. Communication of deficiencies, shortcomings or any other discrepancy in the application submitted by the applicant to the applicant in terms of Regulation 7(1) Within 45 days from the date of receipt of the applications 87.1.3. Removal of such deficiencies by the applicant Within 60 days from the date of receipt of communication 87.1.4. Forwarding of copy of the application to the state Government/UT Administration for its recommendations/comments in terms of Regulation 7(2) Within 90 days from the date of receipt of the application 87.1.5. Recommendations/comments of the State Government/UT Administration to be submitted to the Regional Committee under Regulation 7(3) Within 30 days from the date of issue of letter to it 87.1.6. If recommendations/comments are not received within 30 days, the Regional Committee shall send to the State Government/UT Administration a reminder letter for submission of the recommendations/comments Within seven days from the date of expiry of the period of 30 days. 87.1.7. State Government/UT Administration shall furnish the recommendations/comments Within 15 days from the date of receipt of such reminder letter 87.1.8. Intimation regarding inspection by Within 10 days from final - 9 - HC-KAR NC: 2025:KHC-D:8329 WP No. 103875 of 2025 the Regional Committee to the applicant under Regulation 7(4) scrutiny of the application 87.1.9. Report by the Inspection Committee under Regulation 7(5) 20 days thereafter 87.1.10. Letter of intent to the institution with respect to grant or refusal of recognition in terms of Regulation 7(9) 10th of February of the succeeding year/relevant year 87.1.11. Time to comply with certain specified conditions, in terms of Regulations 7(10) and 7(11) 20 days from the date of issuance of letter of intent 87.1.12. Issuance of formal order of recognition By 3rd March of each year 87.1.13. Last date for submitting proposal for affiliation By 10th March of each year 87.1.14. Forwarding of proposal by the University to the State Government/UT Administration after inspection by expert team By 10th March of each year 87.1.15. Comments to be submitted by the State Government/UT Administration, if any By 10th March of each year 87.1.16. Final date for issuance/grant of affiliation for the relevant academic year By 10th March of each year 8. When the petitioners have complied with all the requirements as per the schedule and the guidelines, they cannot be penalised for the fault of the respondent. 9. In the case on hand, the petitioner has made necessary application on time to the respondent No.1, but - 10 - HC-KAR NC: 2025:KHC-D:8329 WP No. 103875 of 2025 it is due to the lapse and delay of respondent No.1 that the recognition is not given for the year 2025-2026. Hence the contention of the respondents so raised does not hold water and it is negatived. Under the circumstances, I pass the following: ORDER i. Petition is allowed. ii. Writ of mandamus is issued directing the respondent No.1 to grant recognition to the petitioner- colleges in the list of recognized institutions for the Academic Sessions 2025- 26 in place of Academic Sessions 2026-27. iii. The respondents shall permit the petitioner- colleges to function for the respective course for the Academic Sessions 2025-26. Sd/- (PRADEEP SINGH YERUR) JUDGE KGK CT-MCK List No.: 1 Sl No.: 6