IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 10TH DECEMBER 2009 / 19TH AGRAHAYANA 1931 WP(C).No. 34821 of 2009(W) -------------------------- PETITIONER(S): --------------- REV. FR. PAULOSE THOMAS, CHAIRMAN AND MANAGING TRUSTEE, PADINJARENCHALIL CHARITABLE SOCIETY (PARUMALA MAR GREGORIOUS B.ED TRAINING COLLEGE, NELLIMATTOM.P.O. KOTHMANGALAM, ERNAKULAM DISTRICT, PIN-686693. BY ADV. SRI.ROY CHACKO RESPONDENT(S): --------------- 1. NATIONAL COUNCIL FOR TEACHER EDUCATION (APPELLATE AUTHORITY) HANS BHAVAN WING II, 1, BAHA DURSHAH ZAFAR MARG, NEW DELHI-110002. 2. THE NATIONAL COUNCIL FOR TEACHER EDUCATION SOUTHERN REGIONAL COMMITTEE, 1ST FLOOR, CSD BUILDINGS HMT POST, BANGALORE-560031. ADV. SRI.V.M.KURIAN, SC, SRC-NCTE FOR R1& 2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/12/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ------------------- W.P.(C).34821/2009 -------------------- Dated this the 10th day of December, 2009 JUDGMENT The petitioner who is the Chairman and Managing Trustee of Padinjarechalil Charitable Society, the educational agency of Parumala Mar Gregorious B.Ed Training College, Kothamangalam, has filed this writ petition mainly challenging Ext.P15 order passed by the Southern Regional Committee of the National Council for Teacher Education. 2. Under Section 18 of the National Council for Teacher Education Act, an appeal lies from Ext.P15 to the National Council for Teacher Education. Though belatedly the petitioner has filed such an appeal and a copy of the same is placed on record as Ext.P19. It is stated with reference to the postal receipt that the original of the appeal memorandum was sent by speed post on 9.12.2009. Along with the appeal the petitioner has filed Ext.P20 petition for condoning the delay in filing the appeal. Under the provisions of the National Council for Teacher Education Act, the appellate authority is also empowered to condone the delay. In such circumstances, as the petitioner has invoked the appellate remedy available to him, I am of the opinion that he should W.P.(C).34821/09 2 await the outcome of the said appeal before seeking the interdiction of this Court. In such circumstances, leaving open the petitioner's contentions on the merits, I dispose of this writ petition with a direction to the National Council for Teacher Education, the first respondent herein to consider Ext.P19 appeal and Ext.P20 petition for condoning the delay in filing the said appeal and pass orders thereon expeditiously and in any event within three months from the date on which the petitioner produces a certified copy of this judgment. The appellate authority shall before passing orders on the appeal and on the petition to condone the delay, also afford the petitioner a reasonable opportunity of being heard. It will be open to the appellate authority to dispose of the appeal and the application for condonation of delay by a common order. The appellate authority shall pass an order giving reasons in support of its conclusions and findings and shall immediately after orders are passed, communicate a copy thereof to the petitioner. The contentions of the petitioner on the merits are kept open. P.N.RAVINDRAN, Judge mrcs