THE HON’BLE SRI JUSTICE N.V. RAMANA W.P. No. 16500 of 2009 Oral order: The petitioner, namely Viswam Educational Society, represented by its President, filed the present writ petition, praying for the following relief: To issue Writ of Mandamus declaring the action of respondent Nos. 2 to 5 in refusing to grant temporary affiliation and continue the petitioner’s college in the ensuing counseling being held by respondent No.3 for the purpose of admission into B.Ed. course of the college for the academic year 2009-10 and onwards as illegal and arbitrary, violative of Articles 14 and 19(1)(g) of the Constitution of India and ultra vires the powers vested in them under the provisions of NCET Act and consequently direct the respondents to grant temporary affiliation to the petitioner’s college and continue to include the college in ensuing counseling of EDCET being conducted by respondent No.3 for admission of the students into the course of B.Ed. for the academic year 2009-10 and onwards as was being done earlier and pass such other order/orders as the Hon’ble Court may deem fit and proper. The factual aspect of the matter is not in dispute. The petitioner was granted recognition by respondent No.1, namely National Council for Teacher Education. Subsequently, by order dated 29.09.2008, respondent No.1 withdrew the recognition. Questioning the said order, the petitioner filed writ petition in W.P. No.22304 of 2009, and this Court on 14.10.2008 while admitting the writ petition, passed the following interim order: Learned counsel appearing for the petitioner submits that similarly situated persons as that of the petitioner approached this Court and this Court passed interim orders in WPMP Nos. 28816 and 28817 of 2008 in W.P. No. 22123 of 2008 keeping the proceedings under suspension issued by the National Council for Teacher Education. In that view of the matter, the impugned proceedings are suspended and the 3rd and 4th respondents are directed to continue the petitioner-college in the ongoing counseling for the academic year 2008-09. Subsequently, writ petitions in W.P. Nos. 22090 of 2008 and batch, filed questioning similar proceedings, by similarly situated persons, were disposed of by this Court by order dated 11.08.2009, granting liberty to the petitioners to file statutory appeals under Section 18 of the NCTE Act, 1993, if not already filed, within a period of four weeks from today, and if any such appeals are preferred, the appellate authority shall receive treating the same as appeals filed within limitation and dispose of the same in accordance with law after hearing both the parties, and till such time, status quo obtaining as on today in all respects shall be maintained. The learned counsel for the petitioner submitted that the petitioner is similarly situated as that of the petitioners in W.P. No. 22090 of 2008 and batch, and having regard to the fact that the orders dated 29.09.2008 passed by respondent No.1 withdrawing the recognition granted to them earlier, were suspended by this Court vide orders dated 14.10.2008 passed in W.P. No. 22304 of 2008, which is pending, the respondents are unjustified in refusing to grant temporary affiliation to the petitioner. The learned counsel appearing on behalf respondent No.5- University did not dispute the fact that the orders dated 29.09.2008 passed by respondent No.1 withdrawing the recognition granted to the petitioner earlier, were suspended by this Court. He, however, contended that the petitioner neither made any application seeking temporary affiliation nor informed about the order passed by this Court suspending the order of withdrawal of recognition passed by respondent No.1 to respondent No.5-University. Heard the learned counsel for the petitioner, the learned Standing Counsel for respondent No.1, the learned Government Pleader for respondent Nos. 2 and 3, the learned Standing Counsel for respondent No.4 and the learned Standing Counsel for respondent No.5. Admittedly, the orders dated 29.09.2008 passed by respondent No.1, withdrawing the recognition granted to the petitioner earlier, were suspended by this Court in W.P. No. 22304 of 2008, and the same is still pending. Writ Petitions, filed by similarly situated persons, were disposed of by this Court, granting them liberty to file statutory appeals. However, considering the fact that the writ petition filed by the petitioner questioning the passed by respondent No.1, withdrawing the recognition granted earlier, is still pending, an the same having already been suspended, as noted above, I deem it appropriate to dispose of this writ petition with the following directions: The petitioner is directed to make appropriate application along with requisite fee to respondent No.5-University requesting them to grant temporary affiliation, by bring to the notice of respondent No.5 that the order dated 29.09.2009, passed by respondent No.1, withdrawing the recognition, is suspended by this Court, and if any such application is filed, respondent No.5-University shall consider grant of temporary affiliation, keeping in view the fact that the order passed by respondent No.1 withdrawing the recognition is suspended by this Court, and pass appropriate orders thereon in accordance with law. Accordingly, the writ petition is disposed of. No costs. ___________________ N.V. RAMANA, J. Dated: 19th August, 2009 KSR