- 1 - HC-KAR NC: 2025:KHC:46892 WP No. 34405 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 34405 OF 2025 (EDN-RES) BETWEEN: 1. CMA BED COLLEGE A UNIT OF CENTRAL MUSLIM ASSOCIATION OF KARNATAKA, REGG OFFICE AT OTC ROAD, CUBBON PETE, BENGALURU - 560 002 REPRESENTED BY ITS ADMINISTRATOR MOHAMMED GHOUSE, S/O LATE MOHAMMED IQBAL AGED ABOUT 45 YEARS …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 …RESPONDENT (BY SRI. VINOD KUMAR M., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I. ISSUE A WRIT IN Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:46892 WP No. 34405 of 2025 THE NATURE OF CERTIORARI, QUASHING THE ORDER WITHDRAWING RECOGNITION PASSED BY THE RESPONDENT UNDER SECTION 17(1) OF THE NCTE ACT, 1993 DATED 09/05/2011 IN F.NO. APS02013-B.ED/2011-12/28518, VIDE ANNEXURE-A AND ETC. 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 Sri Vinod Kumar M, leaned counsel accepts notice for the respondent. 2. In this petition, the petitioner seeks the following reliefs: I. Issue a writ in the nature of certiorari, quashing the order withdrawing recognition passed by the Respondent under Section 17(1) of the NCTE Act, 1993 dated 09/05/2011 in F.No.APS02013-B.ED/2011- 12/28518, vide Annexure-A, II. Issue a writ in the nature of mandamus directing Respondent to reconsider the representation dated 26/09/2025 seeking restoration of recognition granted to the Petitioner Institution produced at Annexure-B. III. Pass such other writs, orders, or directions as may be deemed just and necessary in the interest of justice and equity. 3. Heard the learned counsel for the petitioner, - 3 - HC-KAR NC: 2025:KHC:46892 WP No. 34405 of 2025 learned counsel for the respondent and perused the material on record. 4. Learned counsel for the petitioner submits that due to bonafide reasons, unavoidable circumstances and sufficient cause, the petitioner could not submit a reply to the show cause notice dated 04.02.2011 issued by the respondent, who proceeded to pass the impugned order withdrawing the recognition granted in favour of the petitioner. It is also submitted that due to various administrative reasons and ill health of the persons in- charge of the affairs of the petitioner's institution, the petitioner could not file appropriate appeal before the Appellate Authority challenging the impugned order and as such, the present petition may be disposed of condoning the delay by permitting the petitioner to file an appeal before the Appellate Authority under Section 18 of NCTE Act, 1993. 5. Per contra, learned counsel for the respondent - 4 - HC-KAR NC: 2025:KHC:46892 WP No. 34405 of 2025 submits that there is no merit in the petition and the same is liable to be dismissed. 6. Though several contentions have been urged by the petitioner in support of his claim, having regard to the specific assertion on the part of the petitioner that its inability and omission to submit a reply to the show cause notice as well as to prefer an appeal against the impugned order within the prescribed period was due to bonafide reasons, unavoidable circumstances and sufficient cause, I deem it just and appropriate to dispose of this petition, reserving liberty in favour of the petitioner to file an appropriate appeal before the Appellate Authority by issuing further directions in this regard. 7. In the result, I pass the following: ORDER (i) The petition is disposed of. (ii) Liberty is reserved in favour of the petitioner to - 5 - HC-KAR NC: 2025:KHC:46892 WP No. 34405 of 2025 file an appeal under Section 18 of the NCTE Act, 1993 before the appropriate Appellate Authority. (iii) If the petitioner files such an appeal before the appropriate authority within a period of eight (8) weeks from today, the Appellate Authority shall condone the delay on the part of the petitioner in filing such an appeal and dispose off the appeal on merits and in accordance with law. (iv) Immediately upon the petitioner filing such an appeal, the Appellate Authority shall consider the same and pass appropriate orders after providing sufficient and reasonable opportunity to the petitioner and hearing the petitioner, in accordance with law. (v) It is made clear that the present order is passed in the peculiar/special/unique facts and - 6 - HC-KAR NC: 2025:KHC:46892 WP No. 34405 of 2025 circumstances of the instant case and this order shall not be treated as precedent nor shall it carry as precedential value for any purpose or whatsoever. Sd/- (S.R.KRISHNA KUMAR) JUDGE YKL List No.: 1 Sl No.: 6