IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 15TH JUNE 2010 / 25TH JYAISTHA 1932 WP(C).No. 18383 of 2010(W) --------------------------------- PETITIONER: -------------- SREE NARAYANA COLLEGE OF TEACHER EDUCATION, CHELANNUR, CALICUT, KERALA REPRESENTED BY MANAGER, VELAPALLI NADESAN. BY MR.A.N.RAJAN BABU, ADVOCATE. MR.P.GOPALAKRISHNAN, ADVOCATE. MR.A.R.EASWARLAL, ADVOCATE. RESPONDENTS: ------------------ 1. UNION OF INDIA, REPRESENTED BY SECRETARY DEPARTMENT OF ELEMENTARY EDUCATION & LITERACY, MINISTRY OF HUMAN RESOURCES DEVELOPMENTS, SHASTHRI BHAVAN, NEW DELHI-110001. 2. NATIONAL COUNCIL FOR TEACHER EDUCATION HANS BHAVAN WING II, 1 BAHADUR SHAH ZAFAR MARG NEAR (ITO) NEW DELHI-110002. REPRESENTED BY MEMBER SECRETARY. 3. NATIONAL COUNCIL FOR TEACHER EDUCATION, SOUTHERN REGIONAL COMMITTEE, 1ST FLOOR, CST BUILDING, HMT POST, BANGLORE-560031, REPRESENTED BY REGIONAL DIRECTOR. 4. THE EDUCATIONAL SECRETARY INCHARGE OF HIGHER EDUCATION, GOVERNMENT SECRETARIAT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 5. CALICUT UNIVERSITY, CALICUT, KERALA. REPRESENTED BY REGISTRAR. BY MR.T.P.M. IBRAHIM KHAN, ASST. SOLICITIOR GENERAL FOR R1 MR.V.M. KURIAN, ADVOCATE FOR R3. MR.P.C. SASIDHARAN, SC FOR R5. MS.K.R. DEEPA, GOVERNMENT PLEADER FOR R4. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.18383 OF 2010 --------------------------------------- Dated this the 15th day of June, 2010. J U D G M E N T The petitioner herein is the Manager of Sree Narayana College of Teacher Education, Chelannur in Kozhikode District. The college is owned and managed by Sree Narayana Trust, Kollam. The Trust is in ownership and possession of aggregate area of 67 acres of land out of which 5 acres and ¾ cent in Chelannur village is earmarked for Sree Narayana College of Teacher Education, Chelannur. 2. By Exhibit P1, the 3rd respondent granted recognition for starting B.Ed course of one year duration from the academic session 2002-2003 with an annual intake of 90 students. It is pointed out that the management constructed the college building which was completed in the year 2005 and Exhibit P2 is the copy of the ownership certificate and Exhibit P3 is the copy of the building completion certificate. 3. Later the petitioner requested for grant of recognition for W.P.(C) No.18383/2010 2 conducting M.Ed course with an annual intake of 25 students. Permission was granted as evident from Exhibit P4 and students were admitted and classes for M.Ed were commenced in October 2009. 4. Presently, the petitioner is aggrieved by Exhibit P15 order of the 3rd respondent whereby the recognition is withdrawn for M.Ed course due to shortage of built up area with effect from 2010-2011. It is pointed out that the same is issued without considering the real aspects. The petitioner submitted Exhibit P16 representation before the 3rd respondent for reconsidering the same but the 3rd respondent has not accepted the representation since the remedy of the petitioner is to file an appeal. Accordingly, the petitioner has filed an appeal as per Exhibit P17 before the 2nd respondent. It is pointed out that if the hearing of the appeal is delayed, that may cause undue hardship to the petitioner. Various grounds have been taken in the appeal including violation of the proviso to Section 17(1) of the National Council for Teacher Education Act. 5. Heard the learned Standing Counsel for respondents 2 W.P.(C) No.18383/2010 3 and 3 and the learned Standing Counsel for the 5th respondent University. In the light of the facts pointed out by the petitioner in the writ petition, there will be a direction to the 2nd respondent to take a decision on Exhibit P17, after hearing the petitioner or his representative, within a period of one month from the date of receipt of a copy of this judgment. The petitioner will produce a copy of this writ petition along with a copy of this judgment for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp