HONOURABLE THE ACTING CHIEF JUSTICE GHULAM MOHAMMED AND HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT APPEAL NO. 603 OF 2010 Between: Viswa Jyothi College of Education ………….Appellant AND The National Council for Teacher Education represented by its Member Secretary, Hans Bhavan, Wing-II and three others ………….Respondents JUDGMENT: (Per Honourable the Acting Chief Justice GHULAM MOHAMMED) This Writ Appeal is preferred against an interlocutory order dated 20.7.2010 passed by the learned Single Judge in W.V.M.P. No. 2362 of 2009 in W.P.M.P.No. 36551 of 2008 in W.P.No. 27885 of 2008, whereby WVMP was allowed and the interim order dated 22.12.2008 passed in W.P.M.P.No. 36551 of 2008 was vacated. Brief facts of the case are that the appellant – College is being run from the year 2007 and the permission to run the college was granted after due physical verification of entire infrastructure. It is stated that on an anonymous compliant against the appellant- College, the second respondent- National Council for Teacher Education Southern Region Committee scheduled an inspection of the college under Section 17(1) of A.P. Education Act, 1982 (for short “the Act”) and after that issued a show cause notice dated 26.8.2008, to which the appellant-College has also given explanation dated 5.10.2008. But without considering the explanation, the second respondent issued proceedings dated 22.10.2008 withdrawing the recognition alleging that the appellant-College violated the provisions under various sections of National Council for Teacher Education (NCTE) Act and regulations. Aggrieved by the same, the appellant herein filed an appeal before the first respondent-National Council for Teacher Education, which has confirmed the order passed by the second respondent vide its order dated 19.12.2008. Aggrieved by the same, appellant herein preferred Writ Petition along with an interlocutory application seeking stay of operation of the order of withdrawal of recognition and the learned Single Judge initially was pleased to grant interim stay of withdrawal of recognition in WPMP No. 36551 of 2008. Against that order respondents 1 and 2 filed vacate stay petition vide W.V.M.P No. 2362 of 2009 and the same was allowed and the order dated 22.12.2008 was vacated. Aggrieved by the same, the present Writ Appeal is filed. Under Section 13(3) of the Act, the second respondent is obligated to communicate the institution, the view of the council with regard to the result of inspection and after providing an opportunity to the institution, make such recommendations as are required to ensure compliance. In the instant case, it is alleged that the second respondent ignored all these procedural aspects. Therefore, the balance of convenience lies in favour of the appellant and the decision of the 2nd respondent in withdrawing the recognition to the appellant-Institution deserves to be stayed. Further students have already been admitted to the said institution and if the impugned order is allowed to operate, it would cause enormous hardship to them. In view of the above, the impugned order dated 22.12.2008 passed by the learned Single Judge is restored. As the Writ Petition is of the year 2008, we deem it appropriate to direct the Registry to post the Writ Petition for final hearing in the month of March 2012 as subject to part heard. Accordingly, the Writ Appeal is allowed. There shall be no order as to costs. __________________________ GHULAM MOHAMMED, HACJ _________________________________ NOOTY RAMAMOHANA RAO, J 14th NOVEMBER, 2011 K. AMMAJI ... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies.