IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 8782 of 2008 Between: IREF Institute of Elementary Teacher Education Gospel Fields Repalli Guntur Dist Sponsored by India Rural Evangelical Fellowship Repalli Guntur Dist Rep.by its Director Dr.Emmanuel Rebba S/oPrasada Rao R/o.Repalli,Guntur Dist ..... PETITIONER AND The Regional Director Sothern Regional Committee, N.C.T.E 1st Floor CSD Buildings HMT Post Jalahalli Bangalore Karnataka State .....RESPONDENT Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the inaction of the respondent herein in not passing the final orders on the applications of the petitioner society code No.APSO 2792 of dt.03-01- 2004 for the grant of permission of D.Ed College as being illegal arbitrary discriminatory and violative of Arts. 14 & 30 of the Constitution of India, consequently direct the respondent to pass orders on the application of the petitioner society code No.APSO 2792 dt.3-01-2004 for the grant of permission of D.Ed College as per the existing regulations of NCTE ie (Regulations Norms& Procedure) Regulations 2005. Counsel for the Petitioner: MR.S.A.K.MYNUDDIN Counsel for the Respondent.: MR.B.ADINARAYANA RAO (SC FOR N.C.T.E) The Court made the following : ORDER This writ petition has been filed by I.R.E.F. Institute of Elementary Teacher Education, Gospel Fields, Repalli, Guntur District, Sponsored by India Rural Evangelical Fellowship, Repalli Guntur District, rep. by its Director Dr.Emmanuel Rebba S/o. Prasada Rao, R/o.Repalli, Guntur District, assailing the action of the respondent in not passing final orders on the application filed by it for grant of permission to run D.Ed., Course. 2. Dr.Emmanuel Rebba has sworn to the affidavit filed in support of the writ petition. It is stated in the writ affidavit that the petitioner society is formed with the object of promoting the education. In pursuance of its object, I.R.E.F. Institute of Elementary Teacher Education has been established. The said institution is recognized by the NCTE, Bangalore under the NCTE Act, 1993. The petitioner institution filed an application on 30.01.2004 in requisite proforma in pursuance of the notification of the respondent-Regional Director, Southern Regional Committee, National Council for Teacher Education for grant of permission to start D.Ed., course along with process fee of Rs.40,000/-. The respondent appointed an inspecting team on 07.03.2005 and the inspecting team inspected the petitioner institution on 17-03-2005 and submitted a report to the Regional Committee. So far, the Regional Committee has not passed any orders on the application. Hence, this writ petition. 3. When the writ petition came up for admission, Sri B. Adinarayana Rao, learned standing counsel appearing for the respondent, received notice. 4. Heard learned counsel appearing for the petitioner and learned standing counsel appearing for the respondent. 5. Learned counsel appearing for the petitioner submits that the new rules which came into force cannot be applicable to the application made by the petitioner, since the application is filed in the year 2004. Therefore, the application is to be considered, de horse the new rules. 6. Whereas the learned standing counsel appearing for the respondent submits that new rules came into force and the application is required to be examined in accordance with the rules in operation. As on this day, the application filed by the petitioner is pending and pending the said application, the Norms and Standards for Education have been changed. Therefore, the application of the petitioner is to be considered in accordance with the Norms and Standards, which exist as on this day. 7. In that view of the matter, the writ petition is disposed of at the admission stage directing the respondent to consider the application of the petitioner to start D.Ed., course in accordance with the Norms and Standards in force as on this day, as expeditiously as possible. No costs. _________________________ B.SESHASAYANA REDDY, J. Date:25th July, 2008. cs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RS}