IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 7993 of 2008 Between: Yerra Krishnamurthy Educational Society, Parvathipuram, Vizianagaram District, Rep. by its Chairman Sri N. Balarama Swamy Naidu, S/o. N.L. Naidu, Aged about 65 Years, R/o. Parvathipuram, Vizianagaram District. ..... PETITIONER AND The Regional Director, Southern Regional Comittee, National Council for Teacher Education, 1st Floor, CSD Buildings, HMT Post, Jalahalli, Bangalore, Karnataka State. .....RESPONDENT Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court may be pleased to issue a Writ order or direction more particularly one in the nature of Writ of Mandamus, declaring the inaction of the respondent herein in not passing the ﬁnal orders on the application of the Petitioner Society dt. 29-01-2004 for the grant of permission of D.Ed College as being illegal, arbitrary, discriminatory and violative to Art. 14 of the Constitution of India, 1950 consequently direct the respondent to pass orders on the application of the Petitioner society dt. 29-1-2004 for the grant of permission of D.Ed College as per the existing regulations of NCTE i.e., (Recognition Norms & Procedure) Regulation 2005. Counsel for the Petitioner: MR.S.A.K.MYNUDDIN Counsel for the Respondent.: MR.B.ADINARAYANA RAO The Court made the following : ORDER This writ petition has been ﬁled by Yerra Krishnamurthy Educational Society, Parvathipuram, Vizianagaram District, rep. by its Chairman Sri N.Balarama Sswamy Naidu, assailing the action of the respondent in not passing ﬁnal orders on the application ﬁled by it for grant of permission to run D.Ed., Course. 2. Sri N.Balarama Swamy Naidu has sworn to the aﬃdavit ﬁled in support of the writ petition. It is stated in the writ aﬃdavit that the petitioner society is formed with the object of promoting the education. In pursuance of its object, Yerra Krishnamurthy Educational Society has been established. The said institution is recognized by the NCTE, Bangalore under the NCTE Act, 1993. The petitioner institution ﬁled an application on 29.01.2004 in requisite proforma in pursuance of the notiﬁcation of the respondent-Regional Director, Southern Regional Committee, National Council for Teacher Education for grant of permission to start D.Ed., course along with process fee of Rs.40,000/-. The respondent appointed an inspecting team and the inspecting team inspected the petitioner institution on 15.03.2005 and submitted a report to the Regional Committee. So far, the Regional Committee has not passed any orders on the application. Hence, this writ petition. 3. When the writ petition came up for admission, Sri B. Adinarayana Rao, learned standing counsel appearing for the respondent, received notice. 4. Heard learned counsel appearing for the petitioner and learned standing counsel appearing for the respondent. 5. Learned counsel appearing for the petitioner submits that the new rules which came into force cannot be applicable to the application made by the petitioner, since the application is ﬁled in the year 2004. Therefore, the application is to be considered, de horse the new rules. 6. Whereas the learned standing counsel appearing for the respondent submits that new rules came into force and the application is required to be examined in accordance with the rules in operation. As on this day, the application ﬁled by the petitioner is pending and pending the said application, the Norms and Standards for Education have been changed. Therefore, the application of the petitioner is to be considered in accordance with the Norms and Standards, which exist as on this day. 7. In that view of the matter, the writ petition is disposed of at the admission stage directing the respondent to consider the application of the petitioner to start D.Ed., course in accordance with the Norms and Standards in force as on this day, as expeditiously as possible. No costs. _________________________ B.SESHASAYANA REDDY, J. Date:06th August, 2008. cs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RS}