LAWS(MAD)-2009-9-135

SREE NARAYANA EDUCATIONAL GUIDANCE SOCIETY EDUCATIONAL CHARITY OF SREE NARAYANA TEACHER TRAINING INSTITUTE Vs. NATIONAL COUNCIL FOR TEACHER EDUCATION NCTE HANS BHAVAN WING II

Decided On September 29, 2009
SREE NARAYANA EDUCATIONAL GUIDANCE SOCIETY (EDUCATIONAL CHARITY OF SREE NARAYANA TEACHER TRAINING INSTITUTE), Appellant
V/S
NATIONAL COUNCIL FOR TEACHER EDUCATION (NCTE) HANS BHAVAN, WING II Respondents

JUDGEMENT

(1.) THE writ petition is directed against the order of the second respondent dated 9.4.2009 and the subsequent order of the first respondent, being the Appellate Authority, dated 7.8.2009. Under the impugned order dated 9.4.2009, the second respondent has withdrawn the recognition granted to the petitioner-institution to run D.T.Ed course for the academic year 2009-2010, which was confirmed by the Appellate Authority by the impugned order dated 7.8.2009.2.1. THE petitioner-society is running B.Ed. and D.T.Ed. courses at Mahe as an unaided institution. THE B.Ed. course was approved by the respondents and run from the year 1997. THE same was also approved by the Government of Kerala. It appears that one Haridasan, who has failed in his efforts to get appointed as the Principal of the petitioner-institution, has made a complaint and he has also filed a writ petition seeking cancellation of the recognition by the respondents to the petitioner-institution, which was dismissed by the Kerala High Court on 2.2.2007.2.

(2.) IT was based on the complaint stated to have been given by the said Haridasan, the second respondent has issued a notice on 3.2.2009, after sending inspection team which has conducted inspection on 2.5.2008. However, a copy of the inspection report was not furnished. Certain irregularities were pointed out in the show cause notice dated 3.2.2009 regarding the extent of lands, the lease-cum-rental building to the extent of 1.24 Acres, that B.Ed. college is run in own building and T.T.C (D.T.Ed. Course) was run in a rented building, that the website of the institution was not functional, and that furniture was not available.2.

(3.) IT is also stated that when the team has visited in August, 2008, the three years period has not completed within which time the construction should be completed, since recognition was granted in October, 2005 and that presently one additional floor has been put up to house the D.T.Ed. course having intake of 50 students and built up area is about 2552.60 square meters which is more than the stipulated 2500 square meters as per the Regulations.2.