IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 17TH AUGUST 2010 / 26TH SRAVANA 1932 WP(C).No. 24775 of 2010(S) -------------------------- PETITIONER(S): --------------- KERALA UNAIDED B.ED. COLLEGE MANAGEMENTS' ASSOCIATION REG.NO.ER 82/2005, REPRESENTED BY ITS SECRETARY, NIRMALANANDAN, OFFICE OF THE FATHIMA MEMORIAL EDUCATIONAL TRUST, MANAKAD, VADAKKEVILA P.O., KOLLAM. BY ADV. SMT.S.KARTHIKA SRI.M.S.UNNIKRISHNAN RESPONDENT(S): --------------- 1. THE UNIVERSITY OF KERALA, REPRESENTED BY ITS REGISTRAR, UNIVERSITY CAMPUS, TRIVANDRUM, THIRUVANANTHAPURAM. 2. THE UNIVERSITY OF CALICUT, REPRESENTED BY ITS REGISTRAR, CALICUT. 3. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, TRIVANDRUM. 4. THE L.B.S.CENTRE FOR SCIENCE AND TECHNOLOGY, REPRESENTED BY ITS DIRECTOR, NANDAVANAM, TRIVANDRUM-695033. 5. THE NATIONAL COUNCIL FOR TEACHER EDUCATION, REPRESENTED BY ITS REGIONAL DIRECTOR, SOUTHERN REGIONAL COMMITTEE, 1ST FLOOR, CSD BUILDING, HMT POST, BANGALORE-560031. ADV. SRI.P.B.SURESH KUMAR SC, LBS CENTRE FOR R4 SRI.M.RAJAGOPALAN NAIR, SC, KERALA UTY. FOR R1 ADV. SRI. P.C. SASIDHARAN FOR CALICUT UTY. FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE MINUTES OF THE MEETING HELD ON 21ST AND 22ND JUNE, 2010 EXT. P2 TRUE COPY OF THE LIST OF B.ED. COLLEGES RUN BY THE UNIVERSITY. EXT.P3 TRUE COPY OF RELEVANT PAGES OF THE PROSPECTUS. EXT.P4 TRUE COPY OF PUBLIC NOTICE ISSUED BY THE NCTE IN IT'S WEB SITE IN MAY, 2010 EXT.P5 TRUE COPY OF THE NOTIFICATION ISSUED BY THE KERALA UNIVERSITY DATED 28.7.2010 EXT.P6 TRUE COPY OF THE NOTIFICATION ISSUED BY THE CALICUT UNIVERSITY DATED 21.7.2010 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C .N. RAMACHANDRAN NAIR, & P.S. GOPINATHAN, JJ. -------------------------------------------- W. P. C. No. 24775 of 2010 -------------------------------------------- Dated this the 17th day of August, 2010 JUDGMENT Ramachandran Nair, J. Heard senior counsel Smt. Seemanthini appearing for the petitioner, and standing counsel appearing for the Universities of Calicut and Kerala. The contention of the petitioner, which is an association of managements of unaided B.Ed. colleges in the State, is that the Universities of Kerala and Calicut should not be permitted to run University centres for B.Ed. course without the approval of NCTE which is a statutory requirement. Senior counsel appearing for the petitioner pointed out that for the current academic year NCTE has withdrawn recognition granted to 10 centres each of both the Universities of Kerala and Calicut. However, we have vide our judgment in batch cases filed by the two Universities, directed the NCTE to reconsider the question of withdrawal of recognition with certain observations. In the meantime Universities were given freedeom to run B.Ed. course in all the centres for the academic year WPC 24775 of 2010 2 2010-11. Following the said judgment we dispose of this case, without considering the merits of the contentions for this academic year, but leaving open to the petitioner to approach this Court in case there is continued grievance for the next academic year. (C.N.RAMACHANDRAN NAIR) Judge. (P.S. GOPINATHAN) Judge. kk WPC 24775 of 2010 3