IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 29TH JULY 2008 / 7TH SRAVANA 1930 WP(C).No. 21379 of 2008(T) ----------------------------------- PETITIONER: ------------------- AUXILIUM TEACHER TRAINING CENTRE, KIDANGOOR P.O., ANGAMALY, ERNAKULAM DISTRICT. PIN - 683 591. REPRESENTED BY ITS MANAGER SR.ROSAMMA THONIPPARA. BY ADV. SRI.C.K.PAVITHRAN RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM. BY GOVERNMENT PLEADER SRI. I.V. PREMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J ================== W.P(C)No.21379 of 2008 ================== Dated this the 29th day of July, 2008. J U D G M E N T The petitioner is an institute which aspires to start a Teachers Training Course in their institute. They obtained Ext.P2 recognition from the National Council for Teacher Education and applied for approval of the course by the respondents seeking allotment of students in the Government quota for the course which they intend to start this year. Since the petitioner's institute has not been included in the list of institutes for the purpose of allotment of students for this academic year, the petitioner has approached this court seeking the following relief: “Issue a writ of mandamus or any other appropriate writ, direction or order calling for the records leading to Ext.P1 and P6 and direct the 1st respondent to grant approval to the petitioner institute for starting two years Teachers Training Course during the academic year 2008- 09 and direct the respondents to allot students in the government quota to the petitioner institute during this academic year itself.” 2. The learned Government Pleader on instructions W.P(C)No.21379 of 2008 - 2 - received from the respondents, submits that the petitioner's request has been considered and rejected and therefore the prayer in the writ petition cannot be allowed. 3. In respect of similar claims by other institutes who have obtained recognition from the National Council for Teacher Education, by Ext.P7 judgment, relying on the Supreme Court decision in State of Maharashtra v. Sant Dnyaneshwar Shikshan Shastra Mahavidyalaya and Others reported in 2006 (9) SCC page 1, I have held held that the Government cannot reject approval. Therefore, I am satisfied that the petitioner is also entitled to similar reliefs as in Ext.P7 judgment. 4. Accordingly, I allow this writ petition directing the respondents to give approval to the petitioners institute pursuant to the recognition granted by NCTE for conducting the course, to enable them to start the course this academic year itself. Consequently the concerned Deputy Director shall allot students in the Government W.P(C)No.21379 of 2008 - 3 - quota for admission to the petitioners institute also, which shall be made along with other institutes included in the list already published for this purpose for this year. This writ petition is disposed of as above. S.SIRI JAGAN, JUDGE rhs