THE HON’BLE SRI JUSTICE C.V. RAMULU W.P. No. 26191 of 2008 O R D E R: This writ petition is filed seeking a Certiorari to call for the records relating to the order passed by 1st respondent in Proceedings F.No. 89-289-2009/Appeal/86764 dated 8.11.2008 confirming the orders of 2nd respondent vide Proceedings No.F.SRO/NCTE/B.Ed/2007-2008/1650 dated 15.5.2008 and quash the same as arbitrary, illegal and contrary to the provisions of the NCTE Act, 1993; consequently to direct the respondents to reconsider the application made by the petitioner for grant of recognition for starting B.Ed. Course for the academic year 2008-09. It appears, the petitioner-College applied for grant of recognition to Kasturibai College of Education for Women, D.No.4-9-6, Patel Nagar, 1st lane, Bapatla, Guntur District for B.Ed. course of One- year duration under Section 14(1) of the NCTE Act, 1993. The competent authority constituted a Visiting Team and conducted inspection in the premises of the petitioner and submitted a report. The report submitted by the Committee was considered by the Southern Regional Committee on the basis of the material placed before it and the application of the petitioner was rejected on the ground that the petitioner did not fulfil the requirements and a notice was issued to the applicant-Institution on 21.1.2008, under Proviso to Section 14(3)(b) of the NCTE Act, 1993 giving opportunity to make written representation in that behalf. However, it appears, though the petitioner submitted a written representation on 3.3.2008, the Southern Regional Committee came to the conclusion that the recognition/permission for starting B.Ed. Course be refused for the following reasons: “The temporarily constructed asbestos sheet roofed sheds are not suitable for proposed B.Ed course. The asbestos sheet roofed sheds and proposed permanent building are located in different places. It is not as per NCTE regulations”. Aggrieved thereby, the petitioner carried the matter in appeal before the 1st respondent. The 1st respondent after noting the facts held: “A perusal of the documents, memorandum of appeal, affidavit, VT Report and after hearing oral arguments advanced during hearing the Council felt that there was no ground to accept the appeal and that it should be rejected. Accordingly, the appeal was rejected and SRC’s order was confirmed”. Except this, no other reasons were furnished. According to the petitioner, it had furnished the documents in proof that the R.C.C. roofed building has been constructed, but the appellate authority found that the roof and building was ready in the month of July, 2008 i.e. after the refusal of permission by the primary authority – 2nd respondent herein on 15.5.2008 and, therefore, the material placed before it was not taken into consideration. In the facts and circumstances of the case and in view of the evidence produced by the petitioner, which prima facie shows that the roofed building, as required, is ready and huge expenditure was incurred for construction of the building, the orders impugned herein are set aside and the matter is remitted to the 1st respondent – appellate authority with a direction to reconsider the appeal of the petitioner by taking into consideration the entire material placed before it as on the date of filing of the appeal and any other evidence as on today, and pass appropriate orders as per law after hearing the petitioner and others in this regard. This exercise shall be completed, without reference to the impugned appellate order dated 8.11.2008, within a period of two months from the date of receipt of a copy of this order. The writ petition is allowed and the matter is remitted to 1st respondent accordingly. No order as to costs. C.V. RAMULU, J. Date: 26-3-2009. Note: C.C. within a week. (BO) MVB.