RAMAKRISHNA CHANDRA TEACHER TRAINING INSTITUTE REP BY ITS CRORRESPONDENT, V RAMAKRISHNAN Vs. REGIONAL DIRECTOR, NATIONAL COUNCIL FOR TEACHER EDUCATION, SOUTHERN REGIONAL COMMITTEE; SECRETARY, SCHOOL EDUCATION (U1) DEPARTMENT; DIRECTOR OF TEACHER EDUCATION RESEARCH AND TRAINING; PRINCIPAL, DISTRICT INSTITUTE OF EDUCATION AND TRAINING

JUDGEMENT

(1.) Heard both sides.

(2.) The petitioner institute has been established for the purpose of conducting teacher training and the petitioner was granted conditional recognition by the NCTE, Bangalore on 29.05.2009. The petitioner institute also complied with all the conditions for grant of recognition as laid down by the NCTE, Bangalore and the NCTE, Bangalore, granted recognition to the petitioner on 24.06.2009 for conducting diploma in Teacher Education Course. Thereafter, the petitioner approached the first respondent on 12.06.2009 with a request to sponsor students to the petitioner's Institute for the academic year 2009-2010. The petitioner also paid necessary fee of Rs.25,000/- and made an application on 24.06.2009 for affiliation with permanent recognition. The 3rd respondent, by his proceedings, dated 19.06.2009 rejected the request of the petitioner stating that as per G.O. Ms. No. 94, School Education (U1) Department, dated 03.05.2008, after getting recognition from the NCTE, Bangalore, the institute, which seeks recognition from the Government should enclose a fee of Rs.25,000/- and apply for approval before 31st May of the Academic year. As the petitioner did not get the recognition from the NCTE, Bangalore and the necessary fee for affiliation was paid only on 12.06.2009 and the application seeking approval of the list of teachers and other staff and as the application was received after 31.05.2009 and approval from the NCTE, Bangalore was not obtained, the petitioner cannot be given affiliation or permission for taking the students for the academic year 2009-2010. It is submitted by the petitioner that G.O.Ms.94, School Education (U1) Department, dated 03.05.2008, fixing the cut off date as 31.05.2009 is without jurisdiction and the same is passed in violation of Section 14(6) of the NCTE Act 1993. It is further stated in the petition that the said G.O.Ms. No. 94 is contrary to the Spirit of Section 14, as the impugned order, fixed the cut off date for making application for affiliation and staff list approval for the academic year, to the 3rd respondent on or before 31st May of the year. It is further stated that the cut off date given in the G.O.Ms. No. 94 is without reference to the notification made in the Extraordinary Gazette of India published on 23th May of 2009, whereby the cut of date prescribed in the Clause 5(5) of the Regulation has been amended and in exercise of the powers conferred under Section 32(2) of the NCTE Act, 1993 for the academic session viz., 2009-2010, the NCTE has got the power either to grant recognition or refuse the same and the decision can be communicated till 31st July 2009 and hence, the cut off date prescribed in G.O.Ms. No. 94, for the application for approval of staff list and for affiliation should be made before 31st May enclosing the recognition granted by NCTE is impossible of compliance and therefore, the Government Order is to be set aside. Hence, the petitioner in the writ petition challenges the G.O.Ms. No. 94 and the subsequently, the proceedings of the 3rd respondent, dated 19.06.2009 and to quash the same and for further directions.

(3.) The learned Government Advocate, Mr. R. Manoharan, appearing for the respondents, submitted that in the writ petition G.O.Ms. No. 94 was challenged and this Court has held in a Batch of writ Petitions Nos.13200 etc. of 2008, dated 28.10.2008 upheld the G.O.Ms. No. 94 and no appeal has been filed against that judgment, the same has become final.