IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26.8.2009 CORAM THE HON'BLE MR.JUSTICE P.JYOTHIMANI Writ Petition No.16701 of 2009 Annai Madha College of Education run by Christuva Madhakalvi Kalacharam Samuga Niruvanam Charitable Trust Trichy Main Road Edaicheruvai, Akkanur Post Tittagudi T.K., Cuddalore Dist. Tamil Nadu rep. by its Correspondent S.Rasavenkatesan. .. Petitioner Vs. 1. Regional Director National Council for Teacher Education 1st Floor, CSD Building HMT Post, Jalahalli Bangalore 560 031. 2. The Director of Collegiate Education College Road Chennai 600 006. .. Respondents Petition under Article 226 of the Constitution of India praying for a writ of Mandamus for the relief as stated therein. For Petitioner : Mr.B.Rabu Manohar For Respondent-1 : Mr.Ramakrishna Reddy For Respondent-2 : Ms.Dhakshayini Reddy, G.A. O R D E R The writ petitioner has made an application to the first respondent on 23.3.2009 for transfer of educational agency from Christuva Madhakalvi Kalacharam Samuga Niruvanam to Vijayalakshmi Ammal Sellamuthu Educational Trust. The application has been made under Rule 7(3) of the Tamil Nadu Private Colleges (Regulations) https://hcservices.ecourts.gov.in/hcservices/ Rules, 1976 on the pretext that there was no Regulation available under the NCTE Regulation for the purpose of transfer of management. 2. The learned counsel appearing for the first respondent would submit that under the amendment effected from 10.12.2007, the procedure for transferring the Management has been enunciated, which is as follows: "In case of change of premises, prior approval of the Regional Committee concerned shall be necessary, which could be accorded after due inspection of the institution at the new site. The change can be permitted to a site which, if applied initially, could have qualified for establishment of an institution as per prescribed norms of NCTE. The change shall be displayed on website thereafter. The application for change of premises shall be accompanied by a demand draft of Rs.40,000/- of a Nationalized Bank drawn in favour of the Member Secretary, NCTE and payable at the city where the Regional Committee is located. Similar procedure would be applicable in case of change of management/society/trust etc. excluding change of Management Committee as per registered by-laws of the management/society/trust." 3. The learned counsel for the petitioner would also submit that based on the amended Regulation, a fresh application be made and the same shall be directed to be considered. 4. In such view of the matter, the writ petition stands disposed of with a direction to the petitioner to make a fresh application for the purpose of transfer of Management, as per the amended Regulation 8(11) and if it is made within two weeks from the date of receipt/production of a copy of this order, the first respondent shall consider the same on merits and pass appropriate orders, within ninety days thereafter. There shall be no order as to costs. Consequently, M.P.No.1 of 2009 is closed. Sd/- Asst. Registrar /True Copy/ Sub Asst.Registrar kpl https://hcservices.ecourts.gov.in/hcservices/ To 1. Regional Director National Council for Teacher Education 1st Floor, CSD Building HMT Post, Jalahalli Bangalore 560 031. 2. The Director of Collegiate Education College Road Chennai 600 006. + 1 CC to M/S.B.RABUMANOHAR, Advocate, SR No.41738 + 1 cc to M/S.K.RAMAKRISHNAREDDY, Advocate, SR No.41733 W.P.No.16701 of 2009. AKR (CO) RH (7.9.09) https://hcservices.ecourts.gov.in/hcservices/