IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 2ND JULY 2008 / 11TH ASHADHA 1930 WP(C).No. 18974 of 2008(H) -------------------------------------- PETITIONER : ------------------ ST.TRESA'S TEACHER'S TRAINING INSTITUTE ACADEMY LANE, VALIYAVILA COMPLEX, KUMBALAM, MULAVANA, KOLLAM - 691 503 REPRESENTED BY JOSEPH D.FERNANDEZ MANAGING DIRECTOR. BY ADV. SRI.P.RADHAKRISHNAN (1) SRI.MADHU RADHAKRISHNAN RESPONDENTS : ---------------------- 1. NATIONAL COUNCIL FOR TEACHER EDUCATION, SOUTHERN REGIONAL COMMITTEE, IST FLOOR, CSD BUILDING, HMT POST, BANGALORE - 560 031 2. THE SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, AND DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF PUBLIC EDUCATION, THIRUVANANTHAPURAM. 4. DEPUTY DIRECTOR OF EDUCATION, DISTRICT OF KOLLAM. 5. THE DIRECTOR SCERT THIRUVANANTHAPURAM, KERALA. BY GOVERNMENT PLEADER SRI.I.V. PRAMOD ADV. SRI.M.K.CHANDRAMOHANDAS, SC, SCER & TRAIN - R5 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J ================== W.P (C) .No. 18974 of 2008 ================== Dated this the 2nd day of July, 2008. J U D G M E N T The petitioner obtained recognition from the NCTE for starting of TTC course in their institute by Ext.P2 order of the 1st respondent. Based on the same, the petitioner, by Ext.P3 letter, requested the respondents 2 and 3 to include the petitioner's institute also in the list of institutes in the State to which admissions have to be made in the merit quota and to allot students in the merit seats for the year 2008-2009. Despite, Ext.P4 reminder, the petitioner's request is not being considered is the contention raised by the petitioner. According to the petitioner, once the NCTE grants recognition, the respondents 2 to 5 cannot refuse to include the petitioner's institute for the purpose of allotment of students in merit quota. Therefore, the petitioner seeks the following reliefs: “a) issue a writ of mandamus, or any other writ, order or direction directing the respondents 2 to 4 W.P (C) .No. 18974 of 2008 - 2 - include the name of the Petitioner Institute in the list of Teacher's Training Institutes of Kerala State. b) issue a writ of mandamus or any other appropriate writ order or directing the respondents 2 to 4 to allot students in the government quota to the petitioner Institute for the academic year 2008-2009.” 2. The learned Government Pleader opposes the prayers. According to him, if now the petitioner's institute is included in the list it would cause difficulties for the Government as well as the students. 3. I have considered the rival contentions in detail. 4. It is not because of any fault on the part of the petitioner that their institute has not been included in the list. By Ext.P5 judgment, based on the Supreme Court decision in State of Maharashtra v. Sant Dnyaneshwar Shikshan Shastra Mahavidyalaya and Others 2006(9) SCC 1, this Court directed the Government to include similar institutes in the list of institutes for allotment of students in the merit quota and to allot students pursuant there to. Therefore, I am satisfied that the petitioner is also entitled to similar reliefs. W.P (C) .No. 18974 of 2008 - 3 - 5. Accordingly, I direct the respondents to grant approval to the petitioner's institute pursuant to the recognition granted by the NCTE to conduct the course, during this academic year itself and to include them in the list of institutes for allotment of students in the merit quota. Consequently, the concerned Deputy Director shall allot students in merit quota for admission to the petitioner's institute also from this academic year itself in accordance with the option made by the students. Allotment of students shall be made along with allotment to other institutes which are already in the list. The writ petition is disposed of as above. S.SIRI JAGAN, JUDGE rhs