IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 22ND JULY 2008 / 31ST ASHADHA 1930 WP(C).No. 18304 of 2007(D) -------------------------- PETITIONER: --------------- THE MANAGER, SAHODARAN AYYAPPAN MEMORIAL TRAINING COLLEGE, POOTHOTTA, ERNAKULAM DISTRICT. BY ADV. SRI.N.N.SUGUNAPALAN (SR.) SRI.S.SUJIN SRI.MAHESH V RAMAKRISHNAN RESPONDENTS: ------------- 1. THE PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT,GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE REGISTRAR, MAHATMA GANDHI UNIVERSITY, ATHIRAMPUZHA,KOTTAYAM. 3. THE REGIONAL DIRECTOR, NATIONAL COUNCIL FOR TEACHER EDUCATION, SOUTHERN REGIONAL COMMITTEE, 1ST FLOOR, CSD BUILDING, HMT POST, BANGALORE-560 031. 4. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. BY ADV. SRI. T.A. SHAJI, SC, M.G.UNIVERSITY FOR R2 SRI.V.M.KURIAN, SC, SRC-NCTE FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No.18304/2007 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE APPLICATION DATED 27.1.2004 WITH ITS ENCLOSURES SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P2: COPY OF THE LETTER DATED 13.2.2004 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER'S COLLEGE. EXT.P3: COPY OF THE LETTER DATED 4.4.2005 SENT BY THE PETITIONER'S COLLEGE TO THE 1ST RESPONDENT. EXT.P4: COPY OF THE LETTER DATED 6.12.2005 SENT BY THE 3RD RESPONDENT TO THE PETITIONER'S COLLEGE. EXT.P5: COPY OF THE LETTER DATED 4.4.2005 SENT BY THE PETITIONER'S COLLEGE TO THE 3RD RESPONDENT. EXT.P6: COPY OF THE JUDGMENT OF THE HON'BLE SUPREME COURT OF INDIA REPORTED IN 2003(3) SCC 321. EXT.P7: COPY OF THE REPRESENTATION DATED 2.2.2006 SUBMITTED BY THE PETITIONER'S COLLEGE BEFORE THE HON'BLE MINISTER FOR EDUCATION, GOVERNMENT OF KERALA. EXT.P8: COPY OF THE REPRESENTATION DATED 28.4.2006 SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT. EXT.P9: COPY OF THE LETTER DATED 21.6.2006 SENT BY THE 3RD RESPONDENT TO THE PETITIONER'S COLLEGE. EXT.P10: COPY OF THE LETTER DATED 4.8.2006 SENT BY THE PETITIONER TO THE 3RD RESPONDENT. EXT.P11: COPY OF THE LETTER DATED 6.11.2006 SENT BY THE NCTE TO THE GOVERNMENT. EXT.P12: COPY OF THE JUDGMENT DATED 12.4.2007 IN W.P.(C) No.31852/2006 OF THIS HON'BLE COURT. EXT.P13: COPY OF THE LETTER No.36512/83/06/H.EDN. DATED 21.4.2007 ISSUED BY THE GOVERNMENT TO THE 3RD RESPONDENT. EXT.P14: COPY OF THE COMMUNICATION NO.F.SRO/NCTE/REF/2007- 08/10441 DATED 31.8.2007 SENT BY THE 3RD RESPONDENT TO THE PETITIONER. W.P.(C).No.18304/2007 3 EXT.P15: COPY OF THE CIRCULAR No.UO/AC/AIV/2/1265/2002 DATED 26.7.2002 ISSUED BY THE 2ND RESPONDENT UNIVERSITY. EXT.P16: COPY OF THE APPLICATION SENT BY THE PETITIONER TO BE SUBMITTED BEFORE THE 2ND RESPONDENT M.G.UNIVERSITY. EXT.P17: COPY OF THE LETTER NO.SAM/B/DATED 4.8.2006 SENT BY THE PETITIONER TO THE NCTE, THE 3RD RESPONDENT. EXT.P18: COPY OF THE LETTER NO.F.KL/SRO/NCTE/2006-07/11541 DATED 23.3.2007 SENT BY THE 3RD RESPONDENT NCTE TO THE PETITIONER. EXT.P19: COPY OF THE LETTER NO.F.KL/SRO/NCTE/2006-07/884 DATED 14.4.2007 SENT BY THE 3RD RESPONDENT. EXT.P20: COPY OF THE LETTER NO.F.KL/SRO/NCTE/2007/4295 DATED 15.6.2007 SENT BY THE 3RD RESPONDENT TO THE PETITIONER. EXT.P21: COPY OF THE LIST OF COLLEGES WHERE B.Ed., COMPUTER SCIENCE COURSE IS APPROVED BY NCTE. EXT.P22: COPY OF THE NEWS ITEM APPEARD IN MATHRUBHUMI DAILY 16.11.2007 REGARDING ADMISSION FOR B.Ed., COMPUTER SCIENCE IN JAI BHARATH COLLEGE. EXT.P23: COPY OF THE GO.No.2452(A) AC.AIV/2/B.Ed/2007 DATED 5.11.2007. EXT.P24: COPY OF THE LIST OF NAMES OF THE COLLEGES, WHO COMMENCED THE B.Ed. COMPUTER SCIENCE. TRUE COPY P.A.TO JUDGE S.SIRI JAGAN, J ================== W.P(C)No.18304 of 2007 ================== Dated this the 22nd day of July, 2008. J U D G M E N T The petitioner is the manager of the training college. They aspire to start a B.Ed degree course in Information Technology in their College. They submitted an application before the NCTE for this purpose. The same was rejected by Ext.P14 order on the ground that B.Ed (IT) does not come under the regulations and norms of NCTE. The petitioner has now produced Exts.P21 to P24 which would go to show that the NCTE itself had sanctioned similar courses in other colleges. The learned Standing Counsel for the NCTE would submit that those are all documents relating to sanction subsequent to Ext.P14. Whatever that be, now that the NCTE itself has given recognition to the very same course in other colleges, they are liable to reconsider the matter in the light of Exts.P21 to P24. Accordingly, Ext.P4 is quashed and 3rd respondent is W.P(C)No.18304 of 2007 - 2 - directed to reconsider the petitioner's application for approval afresh, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment. The petitioner shall produce all these documents relied upon by him before the NCTE within two weeks from today along with the certified copy of this judgment. S.SIRI JAGAN, JUDGE rhs