IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINETH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 23520 of 2008 Between: Sri Buchepalli Venkayamma subbareddy College of Education Gandhi Nagar, 5th Line, Chimakurthy, Prakasam District. Rep. by its Secretary. ..... PETITIONER AND 1 National Council for Teacher Education, Sourthern Regional Committee, 1st Floor, CSD Building, HMT Post, Bangalore- 560 031, Rep by its Regional Director 2 Acarya Nagarjuna University, Rep by its Registrar, Nagarajuna Nagar, Guntur. 3 AP State Council of Highter Education, Saifabad, Hyderabad, Rep by its Secretary 4 The Convenor (Admissions). EDCET-2008, C/o. AP 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 to issue a writ of mandamus or any other appropriate writ, order or direction, declaring the action of the 1st respondent in withdrawing the recognition of the petitioner college vide impugned proceedings F.SRO/ NCTE/Ref.2008-2009/6227, dated 22-10-2008 as arbitrary, illegal, being in violation of principles of natural justice and issue a consequential direction to the Respondents to continue permitting the petitioner toimpart studey in B.Ed Course for the students allotted to the Petitioner College in EdCET 2008 Admissions and pass Counsel for the Petitioner:MR.D.V.SITARAMAMURTHY Counsel for the Respondent No.: MR.B.ADINARAYANA RAO (SC FOR N.C.T.E) The Court made the following : THE HONOURABLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION NO. 23520 OF 2008 ORDER : 1. This writ petition has been ﬁled by Sri Buchepalli Venkayamma Subbareddy College of Education Gandhi Nagar, Chimakurthy, Prakasam District. Rep. by its Secretary B. Kamalakar Reddy assailing the proceedings dated 22-10-2008 issued by the National Council for Teacher Education, Southern Regional Committee, Bangalore. 2. When the writ petition came up for admission, Sri B. Adinarayan Rao, learned standing counsel received notice on behalf of Respondent No.1, Sri M. Srinivas, learned Government Pleader for School Education received notice on behalf of respondent No.2 and Sri Sudesh Anand, learned standing counsel of A.P. State Council for Higher Education received notice on behalf of Respondents NO.3 & 4. 3. In view of the order proposed to be passed, the facts of the case are not required to be dealt with in detail. It is suﬃce to say that the 1st respondent passed order in exercise of powers under Section 17 of the National Council for Teacher Education Act, 1993, which is appealable. 4. Heard learned counsel appearing for the parties. 5. Indisputably an appeal lies against the order passed under Section 17 of the National Council for Teacher Education Act, 1993 to the National Council. 6. Learned counsel for the petitioner submits that academic session commences with the process of counselling for admission of students in the course. 7. Whereas, learned standing counsel appearing on behalf of 1st respondent submits that the academic session commences after counselling is completed. I am not inclined to decide the issue as to whether the academic counselling has commences or not. It is suffice to say that an appeal lies under Section 18 of the National Council for Teacher Education Act against the order impugned in the writ petition. 8. In that view of the matter, t his writ petition is disposed of directing the petitioner-Institution to avail the statutory remedy of an appeal available under Section 18 of the National Council for Teacher Education Act, 1993. The order impugned in the writ petition shall remain under suspension till 24-11- 2008 so as to enable the petitioner-Institution to approach the appellate authority and secure necessary orders. No order as to costs. ______________________________ Justice B. Seshasayana Reddy 29th October, 2008. KM THE HONOURABLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION NO. 23520 OF 2008 29th October, 2008.