IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SECOND DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 26224 of 2008 Between: Sri Bachepalli Venkayamma Subbareddy College of Education, Gandhi Nagar, 5th Lane, Chimakurthy, Prakasam District, Rep. by its Secretary. ..... PETITIONER AND 1 National Council for Teacher Education, rep. by its Member Secretary, Hans Bhavan, Wing II 1, Bahadur Shah Zafar Marg, New Delhi - 110 002. 2 National Council for Teacher Education, Southern Regional Committee, 1st Floor, CSD Building, HMT Post, Bangalore - 560031 Rep. by its Regional Director. 3 Acharya Nagarjuna University, rep. by its Registrar, Nagarjunanagar, Guntur. 4 A.P. State Council of Higher Education, Saifabad, Hyderabad, rep. by its Secretary. 5 The Convenor (Admissions) EdCET 2008, C/o. A.P. State Council of Higher Education, Saifabad, Hyderabad. .....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 issue an appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus declaring as illegal and arbitrary the action of the 1st respondent in not disposing of the Stay Petition / Appeal which was preferred by the petitioner pursuant to the proceedings F.SRO/NCTE/Ref/2008-09/6227 dated 22.10.2008 issued by the 2nd responent and issue a consequential direction to the Respondents to continue permitting the petitioner to impart study in B.Ed. Course for the students allotted tothe Petitioner College in Ed CET 2008 Admissions in terms of the 2nd proviso to Sectilon 17 of the National Council for Teacher Education Act and pass. Counsel for the Petitioner:MR.D.V.SITARAMAMURTHY Counsel for the Respondent No.: MR.M.SRINIVASA RAO The Court made the following : THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA Writ Petition No.26224 of 2008 ORDER: 1 Questioning the order of withdrawal of recognition dated 22.10.2008 passed by the second respondent the petitioner approached this Court and filed Writ Petition No.23520 of 2008. As a statutory appeal as provided under Section 18 of the National Council for Teacher Education Act, 1993 (for short ‘the Act’) lies to the National Council i.e. the first respondent herein, this Court disposed of the said Writ Petition directing the petitioner to exhaust the said remedy of appeal as provided under Section 18 of the Act. Further this Court suspended the order of the second respondent dated 22.10.2008 till 24.11.2008. 2 According to the petitioner he approached the National Council and filed an appeal as provided under Section 18 of the Act in time and according to him, the Council has not met and no orders have been passed in the appeal and it is also not known when the Council meets. 3 Heard Sri D.V.Sitarama Murthy learned counsel for the petitioner and Smt. Jhansi representing Sri M.Adinarayana standing counsel for the respondents and according to the standing counsel the National Council is taking up this type of matters as expeditiously as possible, but on mere apprehension only, the petitioner approached this Court and filed the present Writ Petition. 4 Apparently the interim order granted by this Court is only up to 24.11.2008, and, as directed by this Court the petitioner has preferred an appeal to the first respondent as provided under Section 18 of the Act and hence this Court is of the view that the first respondent can be directed to dispose of the appeal said to have been preferred by the petitioner within a period of four weeks from today. However, pending consideration of the said appeal the respondents are directed not to give effect to the order impugned dated 22.10.2008 passed by the second respondent in this Writ Petition. 5 The Writ Petition is accordingly disposed of at the stage of admission. No order as to costs. --------------------------- SRI T.G.K, J. 02.12.2008 kvsn