KANNUR SALAFI B.ED .COLLEGE Vs. KANNUR UNIVERSITY

JUDGEMENT

(1.) The petitioner institution, namely, Kannur Salafi B.Ed College, which is conducting B.Ed course on the strength of the recognition granted by the 3rd respondent National Council for Teacher Education (for brevity, 'the NCTE'), Southern Regional Committee and the affiliation granted by the 1 st respondent Kannur University, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P7 order dated 03.11.2020 of the 1st respondent University, whereby the petitioner was informed that since the NCTE has withdrawn the recognition granted for conducting B.Ed course, due to various deficiencies, the petitioner institution is not permitted to admit students from the academic year 2020-21 and that the name of the institution is deleted from the seat matrix of 2020-21. The petitioner has also sought for a direction to the 2 nd respondent Registrar of the 1st respondent University to permit the petitioner institution to participate in the allotment process for B.Ed course for the academic year 2020-21; and a declaration that in view of the recognition granted by the 3rd respondent NCTE in Ext.P4 order dated 12.09.2017, for conducting B.Ed course with an intake of 50 students, the petitioner institution is entitled to admit students for two year B.Ed course, for the academic year 2020-21, and the action of the 1st respondent University to delete the name of the institution from the seat matrix of 2020-21 is illegal, arbitrary and ab initio void.

(2.) On 04.12.2020, when this writ petition came up for admission, this Court noticed that the earlier writ petition filed by the petitioner as W.P.(C)No.22477 of 2020 was dismissed as withdrawn, without prejudice to the right of the petitioner to challenge the order of withdrawal of recognition issued by the 3 rd respondent NCTE, by filing a statutory appeal. Ext.P7 order, which is under challenge in this writ petition is an order issued by the 1 st respondent University based on that order of withdrawal of recognition issued by the NCTE. The Registry was directed to list this writ petition on 08.12.2020 along with the Judge's papers in W.P.(C)No.22477 of 2020.

(3.) On 08.08.2020, during the course of arguments, the submission made by the learned counsel for the petitioner was that the faculty members included in Ext.P6 staff list approved by the 1st respondent University are still in service. The learned Standing Counsel for the 2nd respondent University sought time to get instructions as to the date on which Ext.P6 staff list was approved by the University.