D.N.C. MANIVANNAN COLLEGE OF PHYSICAL EDUCATION Vs. THE NATIONAL COUNCIL FOR TEACHER EDUCATION AND ORS.

JUDGEMENT

(1.) The petitioner has come forward with the above Writ Petition praying for issuance of a Writ of Certiorarified Mandamus to call for the records relating to the impugned order passed by the 2nd respondent in F.No.SRO/NCTE/SRCAPP201630046/B.PEd.TN/2017-18/92805, dated 12.04.2017, confirmed in Appeal by the 1st respondent in F.No.89-316/E- 2568/2017/Appeal/15th Meeting 2017, dated 16.10.2017, quash the same and further direct the respondents to grant recognition to the petitioner-college, namely D.N.C. Manivannan College of Physical Education, Dharmapuri for the 2 year B.P.Ed., Degree Course from the Academic year 2018-2019.

(2.) The grievance of the petitioner is that the Appellate authority has confirmed the order of the original authority without ascertaining the fact that there is a building plan approval of the year 2014 and that there is also No Objection Certificate issued by the State Government with regard to the starting of B.P.Ed. course. The rejection made by the authorities runs counter to the National Council for Teacher Education (Recognition Norms and Procedures) Regulations, 2014. According to the petitioner, in terms of Regulation 7(5) and (6) of the said Regulations, the authorities ought not to have rejected the request of the petitioner for recognition of the said course. The said Regulation 7(5) and (6) reads as follows:

(3.) In his reply, the learned counsel for the respondents, by filing counter affidavit of the second respondent, submitted that the appellate authority has confirmed the order of the original authority, dated 12.04.2017 and that the No Objection Certificate was given in May 2017 by the State Government and that the building plan was granted by the competent authority even in May 2014. He further submitted that now that the documents having been furnished by the petitioner, this Court may consider for issuing direction to the second respondent who is the competent authority to pass appropriate orders.