JYOTHI EDUCATION SOCIETY, REPRESENTED BY ITS SECRETARY B.ANJAIAH, AND ANOTHER Vs. NATIONAL COUNCIL FOR TEACHER EDUCATION

JUDGEMENT

(1.) The grievance of the petitioners herein was as to the rejection of their application for recognition of the second petitioner college for imparting D.Ed. Course. The said rejection was embodied in the order dated 23.02.2009 of the Regional Director, National Council for Teacher Education, Southern Regional Committee, Bangalore.

(2.) The first petitioner society established the second petitioner college in Nalgonda District and submitted application dated 31.12.2004 to the National Council for Teacher Education (NCTE) for necessary permission to also start a D.Ed. college. As no action was taken thereupon, the petitioner-society stated that it re-submitted its application on 27.05.2008 which was returned by the NCTE on the ground that the petitioner-society had not submitted the application as per the new regulations. The petitioner-society stated that it again made an application on 24.12.2008 in the applicable format as per the new regulations notified in the year 2007. As per these regulations, the applicant was relieved of the obligation of obtaining a 'No Objection Certificate ' from the State Government, which was necessary under the earlier regulations. The new regulations provided for a deemed approval by the State in the event it failed to communicate its remarks, in response to the applications forwarded to it by the NCTE, within a time frame. The regulations notified in 2007 are stated to have been superseded by subsequent regulations notified in Aug., 2009. However, ignoring this factual position, by the impugned order dated 23.02.2009, the NCTE rejected the petitioner-society 's application for recognition of D.Ed. Course. Aggrieved thereby, the first petitioner society and the second petitioner college are before this Court.

(3.) Though the matter has been pending on the file of this Court for over four years, no counter-affidavit has been filed by the NCTE.