HARSHA INSTITUTE OF MANAGEMENT STUDIES v. THE STATE OF KARNATAKA
WP/22180/2025 · 2025-08-04
R Devdas
body2025
DailyLaw.ai
[ 2025 DAILYLAW 74218 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 74218 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:30063 WP No. 22180 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 22180 OF 2025 (EDN-RES) BETWEEN:
HARSHA INSTITUTE OF MANAGEMENT STUDIES NO.193/1, BYRAVESHWARANAGAR, SONDEKOPPA CIRCLE NH-4, NELAMANGALA BANGALORE – 562 123 REPRESENTED BY ITS PRINCIPAL MRS. BINDU SHARMA …PETITIONER (BY SRI. T. KRISHNA, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA DEPARTMENT OF EDUCATION 6TH FLOOR, NEAR VIDHANA SOUDHA, GANDHI NAGAR, BENGALURU – 560 001 REPRESENTED BY ITS UNDER SECRETARY
2.
THE BANGALORE UNIVERSITY MYSORE ROAD, GNANA BHARATHI, BANGALORE – 560 056 REPRESENTED BY ITS VICE CHANCELLOR
3.
THE NATIONAL COUNCIL FOR TEACHER (NCTE) SOUTHERN REGIONAL COMMITTEE G-7, SECTOR-10,
Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:30063 WP No. 22180 of 2025
DWARKA, NEW DELHI – 110 075 REPRESENTED BY ITS CHAIRMAN. …RESPONDENTS (BY SMT. B. P. RADHA, AGA FOR R1;
SRI. B. PRAMOD, ADVOCATE FOR R2;
SRI. VINOD KUMAR M., ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE NATIONAL COUNCIL FOR TEACHER EDUCATION (NCTE) RESPONDENT NO.3 HEREIN, TO GRANT RECOGNITION/ AFFILIATION TO THE PETITIONER INSTITUTION TO START FRESH B.ED INTEGRATED COURSES UNDER INTEGRATED TEACHER EDUCATION PROGRAMME (ITEP), FOR THE ACADEMIC YEAR 2026-27, IN TERMS OF THE ORDER DATED 26.9.2022, PASSED BY THIS HON’BLE COURT IN W.P.NO.11855/2022, PRODUCED AS ANNEXURE-E.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE R DEVDAS
ORAL ORDER This writ petition is filed by the petitioner-Institution seeking a writ of mandamus directing the 3rd respondent- The National Council for Teacher Education (NCTE), to consider the application filed by the petitioner-Institution for recognition or affiliation to start the fresh B.Ed., Integrated Teacher Education Programme (ITEP), for the Academic Year 2026-2027.
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HC-KAR NC: 2025:KHC:30063 WP No. 22180 of 2025
2. Learned Counsel for the petitioner-Institution submits that the Government of Karnataka, by virtue of the Government Order dated 09.05.2022 at Annexure-A had accorded ‘No Objection Certificate’ and recommended for grant of recognition/affiliation in favour of the petitioner-Institution. However, when the NCTE did not open the window calling for applications, the petitioner- Institution filed a petition in W.P.No.11855 of 2022 and this Court by order dated 26.09.2022, directed the NCTE to consider the representation dated 23.05.2022, given by the petitioner-Institution. Although, a period of two weeks were prescribed by this Court for consideration of the representation and to pass necessary orders, no decision was taken by the NCTE.
3. Learned Counsel however submits that the NCTE has now issued a public notice at Annexure-G dated 06.05.2025 calling for applications and accordingly the petitioner has filed an application on
30.05.2025. Pursuant to the receipt of the application, the NCTE has
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HC-KAR NC: 2025:KHC:30063 WP No. 22180 of 2025
written to the Principal Secretary, Higher Education, at Annexure-J dated 07.06.2025, pointing out to sub- regulation (4) of Regulation 7 of the Regulations 2014, which requires the State Government to furnish its recommendation. Further, the attention of this Court is also drawn to Annexure-K, which is the first show cause notice issued by the NCTE, calling upon the petitioner to furnish certain information, failing which the notice should be treated as a reasonable opportunity before passing a refusal order. The NCTE has also issued a final show cause notice, listing out 9 grounds to be complied by the petitioner. Learned Counsel submits that the petitioner has responded to the show cause notices issued by the NCTE and has furnished all the requisite information.
Learned Counsel would therefore submit that necessary directions may be issued to the NCTE to consider the reply given by the petitioner and proceed to consider the application filed by the petitioner.
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HC-KAR NC: 2025:KHC:30063 WP No. 22180 of 2025
4. Learned Counsel for the 3rd respondent-NCTE submits that if the petitioner has fulfilled all the requirements, appropriate orders will be passed by the NCTE after considering the application, the information furnished by the petitioner-Institution along with the reply said to have been given to the final show cause notice.
5. Consequently, the writ petition stands disposed of with a direction to the 3rd respondent-NCTE to consider the application filed by the petitioner-Institution, for grant of recognition or affiliation to the B.Ed. Integrated Teacher Education Programme (ITEP) and permit the petitioner to commence the B.Ed., Integrated Courses. The 3rd respondent-NCTE shall pass necessary orders in accordance with law, as expeditiously as possible and at any rate within a period of six weeks from the date receipt of a copy of this order.
Sd/- (R DEVDAS) JUDGE DL List No.: 1 Sl No.: 61