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 WEDNESDAY, THE 9TH DECEMBER 2009 / 18TH AGRAHAYANA 1931 WA.No. 2137 of 2009 -------------------------------- AGAINST THE JUDGEMENT IN WPC.12971/2009 Dated 16/07/2009 .................... APPELLANTS/RESPONDENTS 1 & 2: -------------------------------------------------- 1. NATIONAL COUNCIL FOR TEACHER EDUCATION, NEW DELHI, REP.BY ITS SECRETARY. 2. THE REGIONAL DIRECTOR, NATIONAL COUNCIL FOR TEACHER EDUCATION, SOUTHERN REGIONAL COMMITTEE, BANGALORE. BY ADV. SRI.V.M.KURIAN, SC, SRC-NCTE RESPONDENTS/PETITIONER & 3RD RECPONDENT ----------------------------------------------------------------------- 1. VISWADARSHINI COLLEGE OF EDUCATION, UNDER THE VISWADARSHINI CHARITABLE SOCIETY, URIYACODE, THIRUVANANTHAPURAM REP. BY THE SECRETARY C.RAJAGOPALAN ACHARI. 2. STATE OF KERALA, REP.BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. R1 BY ADV. SRI.GEORGE POONTHOTTAM R2 BY SR.GOVERNMENT PLEADER SRI.BENJAMIN PAUL THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 09/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & A.K. Basheer, J. ------------------------------------------ W.A. No.2137 of 2009 ------------------------------------------ Dated this the 9th day of December, 2009 JUDGMENT A.K.Basheer, J. This writ appeal which is at the instance of National Council for Teacher Education and its Regional Director is directed against the judgment passed by the learned Single Judge in W.P.(C) No.12971 of 2009. 2. By the impugned judgment, the learned Single Judge directed appellant No.2 to process the application to be resubmitted by respondent No.1, a Charitable Society, seeking recognition for B.Ed. course during the academic year 2009-10, and pass orders thereon within three months from the date of receipt of a copy of the judgment. 3. It is beyond controversy that respondent No.1 society which proposes to start a B.Ed. college had submitted an application before the appellants seeking recognition. However, in W.A.No.2137 of 2009. - 2 - Ext.P4 communication, the appellants took the stand that the application cannot be considered since the Government of Kerala had already informed them not to grant recognition to any institution to start B.Ed. course during 2009-10. The appellants took the further view that the application for recognition for the next academic year, viz. 2010-11 was liable to be entertained or considered only if it was submitted during the prescribed period. The learned Single Judge, therefore directed respondent No.1 to resubmit the application for consideration of the appellants, in which event, the appellants were directed to process the same and issue orders thereon. 4. When this appeal came up for consideration today, learned counsel for the appellants submits that the National Council has decided, after consultation with the State Governments and Union Territories, not to grant further recognition to conduct B.Ed., D.Ed., C.P.Ed., etc. in the State of Kerala and in some other States in the academic year 2010-11 W.A.No.2137 of 2009. - 3 - also. A notice issued by the National Council in this regard has been produced as Annexure A. Learned counsel submits that the appellants are bound to take into consideration the views of the State Government concerned in these matters, going by Regulation 7(1) and (2) of the Regulations and Norms and Standards of the National Council for Teacher Education. 5. It may be true that the above regulation prescribes the mode in which an application for recognition has to be processed, but still it does not mean that the appellants cannot or need not process an application and pass orders thereon in accordance with the provisions contained in the National Council for Teacher Education Act and the rules and regulations framed thereunder. The learned Single Judge has only directed the appellants to process the application that may be resubmitted by respondent No.1 and pass orders thereon irrespective of any cutoff date. In that view of the matter, we do not find any reason to interfere with the direction issued by the learned Single W.A.No.2137 of 2009. - 4 - Judge. 6. Appellant No.2 shall process the application if it has been resubmitted by respondent No.1 as directed by the learned Single Judge, and pass orders thereon in accordance with law. This shall be done as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. S.R.Bannurmath, Chief Justice A.K. Basheer, Judge vns