IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER FRIDAY, THE 25TH SEPTEMBER 2009 / 3RD ASWINA 1931 WA.No. 139 of 2006(D) --------------------- AGAINST THE JUDGEMENT IN WPC.28512/2005 Dated 17/11/2005 .................... APPELLANT/PETITIONER: --------------------------- STATE OF KERALA, REPRESENTED BY ITS DEPUTY SECRETARY, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER RESPONDENTS/RESPONDENTS: ---------------------------------- 1. THE NATIONAL COUNCIL FOR TEACHER EDUCATION, REP. BY ITS CHAIRPERSON, HANSA BHAVAN, WING 2, NO.1, BAHADUR SHAH, ZAFAR MARG, IP ESTATE, NEW DELHI. 2. THE REGIONAL DIRECTOR, NATIONAL COUNCIL FOR TEACHER EDUCATION, IST FLOOR, CSD BUILDING, HMT POST, BANGLORE-560031. 3. AWH TEACHERS TRAINING INSTITUTE, 21/10, KALLAI, KOZHIKODE, REPRESENTED BY ITS MANAGER, K.P.MOHAMMED. 4. T.K.DIVAKARAN MEMORIAL EDUCATIONAL CHARITABLE TRUST, MUTHUKULAM NORTH, CHERPADU.P.O, ALAPPUZHA DISTRICT, REPRESENTED BY THE PRESIDENT SRI.T.K.RAJENDRA PANICKER. R1 & R2 BY ADV. SRI.V.M.KURIAN, SC, NCTE R3 BY ADV. SRI.P.RAVINDRAN, SENIOR ADVOCATE R4 BY ADV. SRI.GEORGE POONTHOTTAM THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 25/09/2009, ALONG WITH WPC NO. 7757 OF 2006 & CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & A.K. Basheer, J. ------------------------------------------ W.A.Nos.139 of 2006, 2860 of 2007, 236 of 2008 and 1151 of 2009 & W.P.(C) No.7757 of 2006 ------------------------------------------ Dated this the 25th day of September, 2009 JUDGMENT A.K.Basheer, J. The issue involved in these cases is no more res integra and is squarely covered by the decision rendered by the apex Court in State of Maharashtra v. Sant Dnyaneshwar Shikshan Shastra Mahavidyalaya and others (2006) 9 SCC page 1. The above decision was followed by a Full Bench of this Court in the decision reported in Vikram Sarabhai E.Trust & B.Ed. College v. University of Calicut, (2008 (2) KLT 1027. Further, the Ext.P5 Regulation issued by National Council for Teacher Education dispensing with the requirement of No Objection Certificate (NOC) from State/UT Government for those institutions runing B.Ed. programmes recognised by NCTE is admittedly not in force W.A.No.139 of 2006, etc. - 2 - or vogue now. For that reason, W.A.No.139 of 2006 filed by the State has become infructuous. Therefore, all these cases are closed. S.R.Bannurmath, Chief Justice A.K. Basheer, Judge vns