IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 25TH JULY 2008 / 3RD SRAVANA 1930 WP(C).No. 4260 of 2008(F) ---------------------------------- PETITIONER: ------------------- HANEEFAKUNJU MEMORIAL TEACHERS TRAINING INSTITUTE (TTI), ESTATE ROAD, UMAYANALLOOR,KOLLAM, REPRESENTED BY ITS CHAIRMAN, ABDUL KAREEM, C.H.MUHAMMED KOYA MEMORIAL EDUCATIONAL AND CHARITABLE TRUST, KOLLAM. BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION (D) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR OF EDUCATION, KOLLAM. 4. SECRETARY, KERALA STATE, PARIKSHA BHAVAN, POOJAPPURA, THIRUVANANTHAPURAM. 5. DIRECTOR, STAE COUNCIL OF EDUCATIONAL RESEARCH AND TRAINING, VIDHYABHAVAN, POOJAPPURA, THIRUVANANTHAPURAM. 6. NATIONAL COUNCIL FOR TEACHER EDUCATION, SOUTHERN REGIONAL COMMITTEE, 1ST FLOOR, CSD BUILDING, H.M.T. POST, BANGALORE. BY GOVERNMENT PLEADER SIR. SANTHOSH. ADV. SRI.V.M.KURIAN, SC, SRC-NCTE FOR R6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/07/2008, ALONG WITH WP(C) 19394 OF 2007 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 4260 of 2008(F) -2- APPENDIX PETITIONER'S EXHIBITS EXT.P1 - COPY OF THE ORDER OF RECOGNITION BY THE 6TH RESPONDENT DATED 11.10.2006. EXT.P2 - COPY OF THE ORDER NO. N.C.T.E. RECOGNISING B.ED COURSE IN THE YEAR 2005. EXT.P3 - COPY OF THE JUDGMENT IN SPECIAL LEAVE TO APPEAL (CIVIL) NO. 12484/2005 DATED 8.8.2005 ALONG WITH JUDGMENT IN ST.JOHNS TEACHERS TRAINING INSTITUTE. EXT.P4 - COPY OF ORDER OF AFFILIATION GIVEN BY UNIVERSITY OF KERALA DATED 8.6.2006. EXT.P5 - COPY OF THE NOTIFICATION ISSUED BY THE NCTE, DATED 1.1.2004. EXT.P6 - COPY OF THE LETTER SUBMITTED BY PETITIONER DATED 30.12.2005 EXT.P7 - COPY OF ORDER IN W.P.(C) NO. 19394/2007 DATED 27.7.2007. EXT.P8 - COPY OF THE NOTIFICATION ISSUED BY THE NCTE, DATED 6.6.2003. EXT.P9 - COPY OF REPORT OF THE 3RD RESPONDENT. EXT.P10 - COPY OF THE INTERIM ORDER ALONG WITH JUDGMENT IN W.P.(C) NO.24550/05. EXT.P11 - COPY OF LETTER DATED 29.11.2007 FROM THE PRINCIPAL, HKM TTI TO 2ND RESPT. EXT.P12 - COPY OF LETTER ADDRESSED TO 2ND RESPONDENT DATED 6.6.2007. EXT.P13 - COPY OF THE LETTER DATED 26.11.2007 ADDRESSED TO 2ND RESPONDENT. EXT.P14 - COPY OF THE LETTER DATED 17.1.2008, ADDRESSED TO 4TH RESPONDENT. EXT.P15 - COPY OF LETTER DATED 17.1.2008 ADDRESSED TO 3RD RESPONDENT. /TRUE COPY/ PA TO JUDGE S.SIRI JAGAN, J ================== W.P(C) 19394 OF 2007 and W.P(C)No. 4260 of 2008 ================== Dated this the 25th day of July, 2008. J U D G M E N T These two writ petitions relate to inclusion of the institute of the petitioner (in both cases) in the list of the institutes conducting Teachers Training Course for allotment of students in the Government quota. Their contention is that the NCTE has granted recognition for the course and it is settled law that once the NCTE grants recognition, the government is bound to approve such course. It has been so held by the Supreme Court in several decisions. Although a counter affidavit has been filed by the 2nd respondent disputing the contentions of the petitioner, I am not satisfied that in view of the Supreme Court decisions on the subject the petitioner can be denied the reliefs prayed for. As per the decision of the Supreme Court on the subject, it is settled law that once NCTE grants recognition, the Government is bound to approve such course. W.P(C) 19394 OF 2007 and W.P(C)No. 4260 of 2008 - 2 - Consequently, the Government is bound to allot the students in the Government quota to the petitioner's institute also as and when students are allotted to other institutes for this year. Accordingly, this writ petition are disposed of with a direction to the 2nd respondent to include the petitioner's institute in the list of Teachers Training Institutes for allotment of students for Teachers Training Course this year with a further direction to the 3rd respondent to allot students to the petitioner's institute also this year, in the Government quota as and when allotment is so made to other similarly situated institutes. S.SIRI JAGAN, JUDGE rhs