ARISTOTLE COLLEGE OF DIPLOMA IN EDUCATION, ANDERSONPET, K.G.F., KOLAR DISTRICT Vs. STATE OF KARNATAKA AND OTHERS

JUDGEMENT

(1.) This Court, by the interim order dated 28-4-2016 has already directed the respondents to permit the students who are enlisted in Annexure-E of the petitioner-institution to take up the examination of the 1st year D.Ed. examination for the academic session 2015-16, without insisting for late examination fee, subject to the result of the writ petition and that the result of the said examination shall not be declared without the leave of the Court. Hence, prayer No. 2 in the writ petition does not survive for consideration.

(2.) The petitioner Educational Trust is before this Court seeking writ of mandamus to direct the respondent no.2 to approve the admission of 50 students as per the list produced at Annexure-E for the 1st year D.Ed. Course for the academic year 2015-16, considering the request made by the petitioner-management dated 24-8-2015 (2015-16) and dated 5-4-2016, as per Annexures-E and F respectively.

(3.) It is the case of the petitioner-Trust, in terms of Sec. 14(1) of the National Council for Teacher Education Act, 1993 ('the Act' for short) has submitted an application to NCTE for grant of recognition for commencing elementary (D.Ed.) Course of two and half years duration in English Medium from the academic session 2004-2005 and accordingly, the NCTE has granted recognition on 29-11-2004 for D.Ed. Course from 2004-05 with an annual intake of 50 students. The 1st respondent also issued no objection certificate to the petitioner's college as per the order dated 29-10-2003. It is further case of the petitioner-Trust that it is running the D.Ed., programme since 2004-05 effectively and strictly in compliance of the NCTE norms. For the academic year 2015-16, the Trust has admitted 50 students for 1st year D.Ed. Course in Telugu Medium, having Recognition No. CC0025 and the college have effectively conducted the regular classes to the students along with other extra curricular activities. The petitioner, vide communication dated 24-8-2015 along with challan dated 5-4-2016 for having paid the requisite fee, has submitted the list of students to the 2nd respondent for approval of their admission. In pursuance of the order dated 29-5-2015 passed by the Deputy Director of Public Instructions, Bangalore, the petitioner-college has completed the practical teaching practise in the school entrusted by the Government and also remitted the a sum of Rs. 36,250.00towards examination fee vide challan dated 5-4-2016. When things stood thus, the 3rd respondent had issued timetable for the D.Ed. examination to be held on 1-6-2016. In spite of the payment of examination fee by the petitioner-college, the respondents 2 and 3 have not approved the admissions of the students for the forthcoming 1st year D.Ed. examination and not issued hall tickets for the said examination. Therefore, the petitioner is before this Court.