LAWS(KAR)-2012-10-189

BHARATHI COLLEGE OF TEACHER TRAINING EDUCATION, 4TH CROSS, K.R. EXTENSION, TUMKUR-572 102 TUMKUR DISTRICT, REPRESENTED BY ITS MANAGING TRUSTEE, DR. P.N. SHANTHAKUMAR Vs. NATIONAL COUNCIL FOR TEACHER EDUCATION SOUTHERN REGIONAL COMMITTEE, REPRESE

Decided On October 19, 2012
Bharathi College Of Teacher Training Education, 4Th Cross, K.R. Extension, Tumkur -572 102 Tumkur District, Represented By Its Managing Trustee, Dr. P.N. Shanthakumar Appellant
V/S
National Council For Teacher Education Southern Regional Committee, Represe Respondents

JUDGEMENT

(1.) PETITIONER has sought to issue a writ of certiorari to quash the order at Annexure L dated 26.7.12 passed by the respondent -NCTE and issue a writ of mandamus directing the respondent to grant consequential benefits on quashing Annexure L and such other orders. Petitioner commenced Teachers Training Education in B.Ed. from the academic year 2007 -2008, having been granted recognition by the 1st respondent and also approved by the Government and the Institution is affiliated. Petitioner is said to be running the institution in the premises on lease. It appears, as per the order at Annexure -L, the institution has been de -recognized for the academic year 2012 -2013 on the ground that there is no own building of the petitioner and other major deficiencies like there is no qualified Principal and other staff and they have not appointed teacher for physical education and also on various other aspects.

(2.) ACCORDING to the learned counsel for the petitioner, the institution is being run since 2007 -2008 and also the University of Tumkur has conveyed its approval and also government has approved admission of 25 candidates to this institution. In the meanwhile, on technical reason the 1st respondent -NCTE has communicated the impugned order at Annexure L, which is illegal and bad in law.

(3.) IT appears as per the statement made by the learned counsel for the petitioner, the building is made available by the President of the very college and that it is on lease basis. The petitioner to take initiative, being free grant institution, as such shall come forward with some permanent arrangement for providing the basic infrastructure that is required, insofar as providing the staff to institution like Principal and, several other basic deficiencies being pointed out, be made good by the management with in a fortnight. However, it is hereby directed that the respondent authority shall once again visit the institution and do inspection, if the same is complied with, within 15 days from the date of receipt of a copy of this order and verify and pass appropriate orders and consider the case of the petitioner favourably as the college has commenced way back in the year 2007 -2008 and after lapse of 5 years, de -recognition of the college may cause prejudice to the management which has invested substantial amount.