IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINETH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 23542 of 2008 Between: Pratibha College of Education Rep. by Dr. Lakkineni Raghu, S/o. Ramaiah, Age:53, R/o. Kallur (V) (M), Khammam Dist. Survey No.123/1, 123/2, 123/3 Nadim Tiruvuru (Village & Mandal) Krishna Dist., A.P. ..... PETITIONER AND 1 National Council for Teacher Education Rep. by its Secretary Hans Bhawan Wing - II, Bahadurshah Zafar Marg, New Delhi - 110 002. 2 National Council for Teacher Education Southern Regional Committee I Floor, CSD Building, HMT Post, Bangalore - 560 031. 3 Government of Andhra Pradesh Rep. by its Principal Secretary to Government Education (SE-Trg) Department, A.P. Secretariat, Hyderabad. 4 Acharya Nagarjuna University Rep. by its Registrar Guntur. 5 Andhra Pradesh State Council of Higher Education Rep. by its Secretary Opp. Mahavir Hospital, Mahavir Marg, Masab Tank, Hyderabad - 500 028. .....RESPONDENT(S) 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 to issue a writ, order or direction, more particularly, one in the nature of writ of certiorari calling for the records pertaining to the issuance of impugned order bearing No.F.SRO/NCTE/Ref/2008-2009/6232, dated 22-10- 2008 of the 2nd respondent withdrawing the recognition granted to the petitioner from the academic session of 2008 - 2009 and declare the same as arbitrary and illegal and malafide and consequently, set-aside the same. Counsel for the Petitioner:MR.S.SATYAM REDDY Counsel for the Respondent No.: GP FOR EDUCATION The Court made the following : THE HONOURABLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION NO. 23542 OF 2008 ORDER : 1. This writ petition has been ﬁled by Pratibha College of Educat ion, Nadim Tiruvuru village and mandal, Krishna District, represented by its Secretary and Correspondent Sri. D r. Lakkineni Raghu assailing the proceedings dated 22-10- 2008 issued by the National Council for Teacher Education, Southern Regional Committee, Bangalore. 2. When the writ petition came up for admission, Sri B. Adinarayan Rao, learned standing counsel received notice on behalf of Respondent No.1, Sri M. Srinivas, learned Government Pleader for School Education received notice on behalf of respondent No.2 and S r i Sudesh Anand, learned standing counsel of A.P. State Council for Higher Education received notice on behalf of Respondents NO.3 & 4. 3. In view of the order proposed to be passed, the facts of the case are not required to be dealt with in detail. It is suﬃce to say that the 1st respondent passed order in exercise of powers under Section 17 of the National Council for Teacher Education Act, 1993, which is appealable. 4. Heard learned counsel appearing for the parties. 5. Indisputably an appeal lies against the order passed under Section 17 of the National Council for Teacher Education Act, 1993 to the National Council. 6. Learned counsel for the petitioner submits that academic session commences with the process of counselling for admission of students in the course. 7. Whereas, learned standing counsel appearing on behalf of 1st respondent submits that the academic session commences after counselling is completed. I am not inclined to decide the issue as to whether the academic counselling has commences or not. It is suffice to say that an appeal lies under Section 18 of the National Council for Teacher Education Act against the order impugned in the writ petition. 8. In that view of the matter, t his writ petition is disposed of directing the petitioner-Institution to avail the statutory remedy of an appeal available under Section 18 of the National Council for Teacher Education Act, 1993. The order impugned in the writ petition shall remain under suspension till 24-11- 2008 so as to enable the petitioner-Institution to approach the appellate authority and secure necessary orders. No order as to costs. ______________________________ Justice B. Seshasayana Reddy 29th October, 2008. KM THE HONOURABLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION NO. 23542 OF 2008 29th October, 2008.