IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIRST DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 16705 of 2008 Between: Viswa Jyothi College of Education(D.Ed College0, Gudlavalleru,Krishna District, Sponsored by Uddhar Rura and Urban Development Society, Machilipatnam, Krishna District, rep by its President, Smt. A.O.Aruna Prafullakumar, W/o. T.V.Prafullakumar, aged 64 years,R/o. Machilipatnam, Krishna District. ..... PETITIONER AND The Regional Director, Southern Regional Committee, National Council for Teacher Education, 1st Floor, CSD Buildings, HMT Post, Jalahalli, Bangalore, Karnataka State. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue a writ order or direction more particularly one in the nature of writ of Mandamus, declaring the inaction of the respondent herein in not passing the ﬁnal orders on the application permission of D.Ed College as being illegal, arbitrary, discriminatory and violative to Art. 14 & 30 of the constitution of India, 1950, consequently direct the respondent to pass orders on the application of the petitioner society Code No. APSO 6300 dt.04-02-2005 for the grant of permission of D.Ed college as per the existing regulations of NCTE i.e., (Recognition Norms & Procedure) Regulations, 2005, and pass Counsel for the Petitioner: MR.S.A.K.MYNUDDIN Counsel for the Respondent: MR.B.ADINARAYANA RAO (SC FOR N.C.T.E) The Court made the following : ORDER: This writ petition has been ﬁled by Viswa Jyothi College of Education (D.Ed College), Gudlavalleru, Krishna District, Sponsored by Uddhar Rural and Urban Development Society, Machilipatnam, Krishna District, assailing the action of the respondent in not passing ﬁnal orders on the application ﬁled by it for grant of permission to run D.Ed. Course. Smt. A.O. Aruna Prafullakumar has sworn to the aﬃdavit ﬁled in support of the writ petition. It is stated in the writ aﬃdavit that the petitioner society has been formed with the object of promoting the education. In pursuance of this object, Viswa Jyothi College of Education has been established. The said institution is recognized by the NCTE, Bangalore under the NCTE Act, 1993. The petitioner institution ﬁled an application on 04.02.2005 in requisite pro-forma in pursuance of the notiﬁcation of the respondent-Regional Director, Southern Regional Committee, National Council for Teacher Education, for grant of permission to start D.Ed., course along with process fee of Rs.40,000/-. Thereafter, the respondent pointed deﬁciencies under letter on 31.07.2006. The petitioner has complied the deﬁciencies pointed out by the respondent on 12.10.2006. So far, the Regional Committee has not passed any orders on the application. Hence, the present writ petition. When the writ petition came up for admission, Sri B. Adinarayana Rao, learned Standing Counsel appearing for the respondent received notice. Learned counsel appearing for the petitioner submits that the new Rules, which came into force, cannot be applicable to the application made by the petitioner since the application is ﬁled in the year 2005. Therefore, the application is to be considered de horse to the new Rules. Whereas the learned standing counsel appearing for the respondent submits that new Rules came into force and the application is required to be examined in accordance with the Rules. As on this day, the application ﬁled by the petitioner is pending, and pending the said application the Norms & Standards for Education have been changed. Therefore, the application of the petitioner is to be considered in accordance with the Norms & Standards, which are existing as on this day. In that view of the matter, the writ petition is disposed of directing the respondents to consider the application of the petitioner to start D.Ed. course in accordance with the Norms & Standards in force as on this day, as expeditiously as possible. No costs. _________________________ (B. Seshasayana Reddy, J.) 1st August, 2008 Js. ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Regional Director, Southern Regional Committee, National Council for Teacher Education, 1st Floor, CSD Buildings, HMT Post, Jalahalli, Bangalore, Karnataka State. 2 2 CD copies.