1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.10.2011 CORAM THE HONOURABLE MR.JUSTICE K.CHANDRU W.P.(MD)No.2347 of 2011 and M.P.(MD)Nos.1 and 2 of 2011 Annai Meenakshi Teacher Training Institute, Represented by its Chairman/Correspondent, Mr.M.Sankarapandiyan : Petitioner vs. 1. The National Council for Teacher Education, Rep. by its Member Secretary, Hans Bhavan, Wing II, Bahadurshan Zafar Marg, New Delhi-110 002. 2. The Regional Director, National Council for Teacher Education (NCTE), Southern Regional Committee, C.S.D.Buildings, HMT Post, Jalahalli, Bangalore-560 031. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records vide proceedings F.No.89-115/2006-Appeal/68387, dated 13.07.2007 of the first respondent herein, quash the same and direct the second respondent to grant recognition to the petitioner's institution. For Petitioner : Mr.K.Govindaraj For Respondents : Mr.A.Sivaji ****** ORDER ******* The petitioner-Educational Agency, intending to start a Teacher Training Institute, by name 'Annai Meenakshi Teacher Training Institute', made an application to the National Council for Teacher Education. The Southern Regional Committee, on inspection, found that the application submitted by the Educational Agency was not in full format, inasmuch as the original land title certificate was not in the proper format. The period of lease of land document was only five years and the approved building plan was not submitted. Therefore, their application was rejected and the National Council for Teacher Education refused to grant recognition. Under Section 18 of the NCTE Act, 1993, the petitioner preferred an appeal to the National Council for Teacher Education, New Delhi. In the appeal, they have additionally stated that they were planning to construct permanent building in their own land in some other survey number and shift the Teacher Training Institute within two years. https://hcservices.ecourts.gov.in/hcservices/ 2 The Council perused the petitioner's application and other materials and declined to entertain the appeal. The Council had observed that there is no flaw in the order passed by the Southern Regional Committee. The Council had also observed that LTC of different dates, pertaining to different plots of land was submitted by the petitioner on different occasions. It is also found that the building plan submitted before the Southern Regional Committee was different from the building plan, which has submitted along with the appeal. It was held that since the petitioner-Agency did not own land when the application was submitted to the Southern Regional Committee on 31.12.2004, the rejection made by the Southern Regional Committee was valid. Challenging the order of the appellate authority, the Writ Petition came to be filed. 2. Mr.A.Sivaji, learned counsel appearing for the respondents also states that though the order impugned in this Writ Petition has been passed in the year 2007, it came to be challenged only in the year 2011 and there is also an inordinate delay. 3. In the affidavit filed in support of the Writ Petition, it was contended that the appellate authority did not consider the clarifications and documentary evidence and the fact that the petitioner has invested huge amount. The appellate authority did not give any notice. However, the basic fact remains that there was a material difference between the details furnished before the Southern Regional Committee and the details furnished before the Council and hence, there is no illegality or infirmity in the order passed by the appellate authority. 4. Hence, there is no case made out to entertain the present Writ Petition. Hence, the Writ Petition is dismissed. Consequently, the connected miscellaneous petitions are closed. No costs. Sd/- Assistant Registrar (Crl. Side) /True Copy/ Sub Assistant Registrar (C.S) To 1. The Member Secretary, The National Council for Teacher Education, Hans Bhavan, Wing II, Bahadurshan Zafar Marg, New Delhi-110 002. 2. The Regional Director, National Council for Teacher Education (NCTE), Southern Regional Committee, C.S.D.Buildings, HMT Post, Jalahalli, Bangalore-560 031. + 1 cc to Mr.K.Govindarajan, Advocate, SR No.36530 + 1 cc to Mr.A.Sivaji, Advocate, SR No.36489 Order made in W.P.(MD)No.2347 of 2011 Dated:- 20.10.2011 SML RJ/11.11.11 2p/5c https://hcservices.ecourts.gov.in/hcservices/