VIJAYANAGARA COLLAGE OF EDUCATION Vs. COORDINATOR TASK FORCE ON TEACHERS EDUCATION BANGALORE UNIVERSITY AND OTHERS

JUDGEMENT

(1.) THE petitioner has called into question the Bangalore University's order, dated 28.2.2013 (Annexure -A) insofar as it pertains to the petitioner College. The said order is based on the University's Task Force's recommendation that the affiliation of the College cannot be renewed for the academic year 2012 -13. The said order states that the University is not responsible, if the petitioner College makes the admissions. Sri T.S. Venkatesh, the learned counsel for the petitioner submits that the petitioner College started the B.Ed. Course in 2004 with the recognition of the National Council for Teacher Education ('NCTE' for short). He submits that the College was shifted to the new premises on 28.11.2007. The petitioner sought the approval of the NCTE for the change of place for running the College. The NCTE conducted the inspection on 26.10.2010. He submits that the NCTE passed the order, dated 6.5.2011 (Annexure -D) withdrawing the recognition with effect from 2011 -12 academic year. This was challenged by the petitioner by filing appeal before the Appellate Authority but without any rate of success. The Appellate Authority, by its order, dated 4.11.2011 (Annexure -E) dismissed the appeal. The said orders were challenged by the petitioner by filing W.P. Nos. 7602/2012 and 8296/2012. This Court, by its interim order, dated 27.4.2012 granted stay for the operation of the said orders. The writ petitions were disposed of on 6.12.2012 quashing the order of the de -recognition passed by the NCTE and the Appellate Authority's order upholding it. This Court directed the reconsideration of the petitioner's representation and material documents, NCTE was also directed to hold the inspection, if need be. The NCTE conducted the inspection only on 24.5.2013, though it ought to have been conducted within 15 days from the date of the receipt of the order, dated 6.12.2012. Further, the respondent authorities were directed to get the inspection report and take further action within four weeks from the date of the inspection.

(2.) THIS Court, by its order, dated 30.5.2013 directed the NCTE to file the affidavit as to why the directions given by this Court in its final order, dated 6.12.2012 in W.P. Nos. 7602/2012 and 8296/2012 were not complied with. In compliance with the directions, NCTE has filed the affidavit through its Regional Director Sri P. Sriraman. The affidavit states that the draft agenda regarding the petitioner's case was placed before the Southern Regional Committee in its 237th meeting. But the same could not be considered inadvertently and as there were too many matters on the agenda.

(3.) SRI Venkatesh submits that the impugned order issued by the Bangalore University does not refer to any letter or order of de -recognition by the NCTE. The Bangalore University has not made any adverse remarks against the petitioner in any of its proceedings. He submits that as the petitioner has not violated any provisions of National Council for Teacher Education Act, 1993 Act ('NCTE Act' for short), Section 17 of the NCTE Act could not have been pressed into service. He submits that the order of recognition is a non -est in the eyes of law, because the order withdrawing the recognition and the order passed by the Appellate Authority confirming the original authority's order are quashed by this Court in W.P. Nos. 7602/2012 and 8296/2012.